ABUTS, ABUTTING: Having a common property line or district line.
ACCESSORY BUILDING: A detached subordinate building or a portion of a principal building, the use of which is incidental to that of the dominant use of the principal building; also swimming pools with fencing.
ACCESSORY USE: A use of a nature customarily incidental and subordinate to the principal use.
ACT: The Illinois Adult-Use Cannabis Regulation And Tax Act (PA 101-0027), as originally enacted effective June 25, 2019 and as thereafter may be amended from time to time.
ADJACENT: To lie near or close to, in the neighborhood or vicinity of.
ADJOINING: Touching or contiguous, as distinguished from lying near or adjacent.
ADULT ARCADE: An establishment to which the public or its members are permitted or invited to: a) view or participate in live performances characterized by the exposure of "specified anatomical areas", or by "specified sexual activities" or b) view still or moving images distinguished or characterized by the depicting or describing of "specified anatomical areas" or by "specified sexual activities", all through the use of coin operated or electronically, electrically, or mechanically controlled devices to display the live performance or the images, to five (5) or fewer persons per machine at any one time.
ADULT BOOK OR ADULT VIDEO STORE: An establishment having as a substantial or significant portion of its stock in trade for sale, rent, lease, inspection or viewing, books, magazines and periodicals, films, motion pictures, videocassettes, slides, or other photographic reproductions, all of which are distinguished or characterized by their emphasis on material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" unless it is demonstrated that either:
A. Revenue from the sale, lease, inspection, viewing or rental of the matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" comprises no more than fifty percent (50%) of the gross revenue from the sale and/or rental of all goods at the establishment; or
B. The matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" comprises no more than thirty five percent (35%) of the items displayed in the establishment as stock in trade.
ADULT CABARET: A public or private nightclub, bar, restaurant, or similar commercial establishment which regularly features either: a) persons appearing in a state of nudity or partial nudity, b) live performances distinguished or characterized by their emphasis on material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" or c) films, motion pictures, videocassettes, slides, or other photographic reproductions which are distinguished or characterized by their emphasis on material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
ADULT ENTERTAINMENT ESTABLISHMENT: A business having as its substantial or significant business purpose the offering to the public or its members a product or service including, but not limited to, entertainment, intended to provide sexual stimulation or sexual gratification, and which product or service is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", including, but not limited to, the following uses:
A. Adult arcade.
B. Adult book or adult video store.
C. Adult cabaret.
D. Adult merchandise retailer.
E. Adult motion picture theater.
F. Adult minimotion picture theater.
The term "adult entertainment establishment" shall not be construed to include: a) any business operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists, or licensed barbers performing functions authorized under the licenses held, b) any business operated by or employing licensed physicians or licensed healing arts, or c) any retail establishment whose primary business is the offering of wearing apparel for sale to its customers.
ADULT MERCHANDISE RETAILER: A retail establishment deriving more than fifty percent (50%) of its gross revenue from the sale of merchandise designed or marketed for use in conjunction with "specified sexual activities".
ADULT MINIMOTION PICTURE THEATER: An enclosed building, or an area within a building, having a capacity for less than fifty (50) persons, and used regularly and routinely for presenting motion picture films, videocassettes, cable television, and/or any such visual media, all of which are distinguished or characterized by their emphasis on material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" to its patrons.
ADULT MOTION PICTURE THEATER: An enclosed building, or an area within a building, having a capacity of fifty (50) or more persons, and used regularly and routinely for presenting motion picture films, videocassettes, cable television, and/or any such visual media, all of which are distinguished or characterized by their emphasis on material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" to its patrons.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: A cultivation center facility, craft grower facility, processing facility, dispensing facility, or transporting facility as defined herein.
ADULT-USE CANNABIS CRAFT GROWER FACILITY: A facility operated by an adult-use cannabis craft grower organization to cultivate, dry, cure, and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, including the following provisions:
ADULT-USE CANNABIS CRAFT GROWER ORGANIZATION: An organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to operate an adult-use cannabis craft grower facility.
ADULT-USE CANNABIS CULTIVATION CENTER FACILITY: A facility operated by an adult-use cannabis cultivation organization to cultivate, process, transport (unless otherwise limited by this Act), and perform other necessary activities to provide cannabis and cannabis-infused products to cannabis business establishments.
ADULT-USE CANNABIS CULTIVATION ORGANIZATION: An organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to operate an adult-use cannabis cultivation center facility.
ADULT-USE CANNABIS DISPENSARY: A facility operated by a dispensing organization at which activities licensed by this Act may occur.
ADULT-USE CANNABIS DISPENSING FACILITY: A facility operated by an adult-use cannabis dispensing organization for the purpose of acquiring cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, in accordance with the provisions of the Illinois Cannabis Regulation and Tax Act, as enacted and as it may be amended from time-to-time thereafter, and any regulations promulgated thereunder.
ADULT-USE CANNABIS DISPENSING ORGANIZATION: An organization or business that is licensed by the Department of Financial and Professional Regulation to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies under this Act to purchasers or to qualified registered medical cannabis patients and caregivers. As used in this Act, dispensary organization shall include a registered medical cannabis organization as defined in the Compassionate Use of Medical Cannabis Pilot Program Act or its successor Act that has obtained an Early Approval Adult-Use Dispensing Organization License.
ADULT-USE CANNABIS INFUSER FACILITY or INFUSER: A facility operated by an adult-use cannabis infuser organization to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product.
ADULT-USE CANNABIS INFUSER ORGANIZATION: An organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to operate an adult-use cannabis infuser facility.
ADULT-USE CANNABIS PROCESSING FACILITY or PROCESSOR: A facility operated by an adult-use cannabis processing organization to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product.
ADULT-USE CANNABIS PROCESSING ORGANIZATION: An organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to operate an adult-use cannabis processing facility.
ADULT-USE CANNABIS TRANSPORTING FACILITY: A facility operated by an adult-use transporting organization to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION: An organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to operate an adult-use cannabis transporting facility.
AIRCRAFT: Any contrivance, now known or hereafter invented for use in or designed for navigation of or flight in the air.
AIRPORT (LANDING STRIP, HELIPORT OR HELISTOP): Any premises which are used or intended for use for the landing and take off of aircraft; and any appurtenant areas which are used or intended for use for airport buildings or other airport structures or rights of way together with all airport buildings and structures located thereon.
ALLEY: Any right of way, with a width of not less than sixteen feet (16') nor more than twenty four feet (24'), which affords a secondary means of vehicular access to abutting properties. A street shall not be considered an alley.
ALTERATION: Any change in size, shape, occupancy or use of a building or structure.
AMUSEMENT ESTABLISHMENT: A building which may offer a variety of recreational facilities including, but not limited to, bowling alleys, pool halls, gymnasiums, swimming pools and skating rinks.
AMUSEMENT PARK: A commercially operated park with various devices for entertainment including, but not limited to, "carnival type" establishments utilizing mechanical devices for recreational purposes, go-cart tracks, miniature golf and driving ranges.
ANIMAL HOSPITAL: A building or portion thereof designed or used for the care, observation, or treatment of domestic animals.
APARTMENT: See definition of Dwelling, Multiple-Family.
ATTENTION GETTING DEVICE: Any pennant, flag, valance, banner, propeller, spinner, streamer, searchlights, balloons, or similar devices or ornamentation designed for the purpose of attracting attention, promotion, advertising, or similar purposes.
AUTOMOBILE BODY REPAIR SHOP: Any building or portion thereof, structure, or premises used for the repair of an automobile body, chassis, or frame, or for repainting of an automobile body or chassis.
AUTOMOBILE LAUNDRY: Any building or portion thereof where automobiles are washed, using a conveyor, blower, steam cleaning equipment, or other mechanical device of production line nature.
AUTOMOBILE SERVICE STATION: Any building or portion thereof, structure and premises used for dispensing or offering for sale at retail to the public of motor vehicle fuels stored on the premises; and where lubricating oil and grease, tires, batteries and similar accessories and parts also may be offered for sale. When such dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage. Automobile service stations do not include open sales lots.
AUTOMOBILE/TRUCK STOP: An establishment engaged primarily in the fueling and/or charging of automobiles and tractor trucks or similar heavy commercial vehicles. An automobile/truck stop establishment may also include accessory uses incidental to the primary operation of the automobile /truck stop, including but not limited to restaurants, convenience stores, service and repair stations, vehicle accessory and equipment sales, automobile/truck laundries, video gaming terminals, overnight accommodations, and showers. Over-the-road trucks shall be allowed to stop at an automobile/truck stop and park overnight, or for any other period in which the operator of the truck takes mandatory down-time or sleeps to enable the operator to return to service.
AUTOMOBILE VEHICLE SALES LOT: Any premises or portion thereof used for the display and sales of automotive vehicles, new or used. Such premises may include automobile services and repair facilities as an accessory use.
AUTOMOBILE WRECKING YARD: Any area of land where three (3) or more motor vehicles, not in running condition, or the parts thereof, are stored in the open and are not being restored to operation, or any land, building, or structure used for the wrecking or storing of such automobiles or parts thereof.
AWNING: A rooflike mechanism, retractable in operation, and covered with flexible textured material, which projects from the wall of a building.
BASEMENT: A portion of a building located partly underground, but having less than one-half (1/2) its clear floor to ceiling height below the average grade of the adjoining ground.
BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, railroad rights of way, or other similar natural boundaries. A block may be located in part beyond the boundary lines of the corporate limits of the village.
BOARDING HOUSE: A residence in which table, board or sleeping accommodations, or both, are provided for compensation for any person who is not a member of the keeper's family.
BODY PIERCING ESTABLISHMENT: Any business operation at which the skin of a live human being is penetrated so as to make a hole, mark or scar that is generally permanent, or intended to be generally permanent, in nature; but does not include any business operation where practices that are considered medical procedures are performed, and does not include the puncturing of the outer perimeter or lobe of the ear using a presterilized, single use stud and clasp ear piercing system.
BREW PUB: A "microbrewery", as defined herein, that conducts retail sale of beer manufactured on the premises, and other alcoholic beverages not manufactured on the premises, in conjunction with the operation of a restaurant on the premises.
BUILDABLE AREA: For the purpose of measuring lot width, the narrowest width within the thirty feet (30') of lot depth immediately in back of the front yard line.
BUILDING: Anything constructed for shelter or enclosure of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to the land.
BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space or from other buildings or other structures by a permanent roof and by exterior walls having only windows and normal entrance or exit doors, or by party walls.
BUILDING, DETACHED: A building surrounded by open space.
BUILDING HEIGHT: The vertical distance measured from the established curb level to the highest point of the underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating height.
BUILDING LINE: The line as established by the face of the building.
BUILDING, PRINCIPAL: A nonaccessory building in which is conducted the principal use of the lot.
BUILDING, RESIDENTIAL: A building arranged, designed, used or intended to be used for residential occupancy by one or more families. Residential buildings include, but are not limited to, the following types: a) single-family detached dwellings; b) two-family dwellings; c) multiple-family dwellings; and d) a row of one- or two-family attached dwellings developed initially under single ownership or control.
BUILDING, TEMPORARY: Any building not designed to be permanently located in the place where it is or where it is intended to be placed or affixed.
BULK: A composite characteristic of a given building as located upon a given lot, not definable as a single quantity, but involving all of the following characteristics: a) size and height of building; b) location of exterior walls at all levels in relation to lot lines, streets or to other buildings; c) gross floor area of the building in relation to lot area (floor area ratio); d) all open spaces allocated to the building; and e) the amount of lot area provided per dwelling unit.
BUSINESS: An occupation, employment, or enterprise which occupies time, attention, labor, and materials, or wherein merchandise is exhibited or sold, or where services are offered.
CANOPY: A structure, other than an awning, made of cloth, metal, or other material with frames attached to a building, and carried by a frame supported by the ground or sidewalk.
CAPACITY IN PERSONS: The maximum number of persons that can avail themselves of the service (or good) of an establishment or use at any one time, with reasonable comfort and safety.
CARPORT: A roofed automobile shelter with at least two (2) open sides.
CELLAR: A story having more than one-half (1/2) of its floor to clear ceiling height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.
CLINIC, MEDICAL OR DENTAL: A building or portion thereof, the principal use of which is for offices of an organization or group practice of specializing physicians or dentists or both, and contains facilities for examination and treatment of patients but without facilities for overnight lodging.
CLUB OR LODGE, PRIVATE: A nonprofit association of persons who are bona fide paying members paying dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests.
COLLECTION CONTAINER FOR SECONDHAND ITEMS: A container or box for the collection of used, secondhand or preowned (cumulatively referred to herein as "secondhand") items which may be accepted therein by the owner thereof, including, but not limited to, items of apparel, clothing, or footwear, or reading materials, for example. A collection container for secondhand items is not an accessory use in any zoning district, and is permitted only as a special use where allowed under this chapter.
CONTIGUOUS: In actual contact.
COTTAGE FOOD OPERATIONS: As defined by the Food Handling Regulation Enforcement Act, 410 ILCS 625/0.01 et seq.
CURB LEVEL: The level of the established curb in front of a building or structure, measured at the center of such front. Where no curb level has been established, it shall be deemed to be the established level of the centerline of the street surface in front of a building or structure, measured at the centerline of such front.
DECIBEL: A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in decibels.
DISTRICT: A portion of the corporate area of the village of Hampshire, as designated on the zoning district map, within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this comprehensive amendment.
DOMESTIC PET SERVICE: An establishment where clipping, bathing, and other services except that of a veterinary nature are rendered to dogs, cats, and domestic pets. No boarding shall be permitted.
DOG KENNEL: See definition of Kennel.
DRIVE-IN ESTABLISHMENT: An establishment or part thereof in which are provided facilities where serving or consuming commodities or both are intended to occur primarily in patrons' automobiles parked on the premises.
DWELLING: A building or portion thereof designed or used exclusively for residential purposes, including single-family, two-family, and multiple-family dwellings, but not including lodging rooms in hotels, motels, or lodging houses.
DWELLING, ATTACHED: A dwelling joined to two (2) other dwellings by party walls, or cavity walls, and above-ground physically unifying horizontal structural elements.
DWELLING, DETACHED: A dwelling which is surrounded on all sides by open space on the same lot.
DWELLING, MULTIPLE-FAMILY: A building containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A building containing one dwelling unit only.
DWELLING, SEMI-DETACHED: A dwelling joined to one other dwelling by a party wall, or cavity wall, and other above- ground physically unifying horizontal structural element.
DWELLING, TWO-FAMILY: A dwelling containing two (2) dwelling units only, one above the other.
DWELLING UNIT: One or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathroom and complete single kitchen facilities, permanently installed to serve the entire family, shall always be included within each "dwelling unit".
EFFICIENCY UNIT: A dwelling unit consisting of one principal room, together with bathroom, kitchen, hallway, closets, and/or dining alcove directly off the principal room, provided such dining alcove does not exceed one hundred twenty five (125) square feet in area.
ELECTRIC DISTRIBUTION CENTER: A terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.
ELECTRIC SUBSTATION: A terminal at which electric energy is received from transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system.
FAMILY: One person or two (2) or more persons each related to the other by blood, marriage, or legal adoption, or a group of not more than three (3) persons not all so related, together with his or their domestic servants, maintaining a common household in a dwelling unit. A family may include in addition thereto, not more than two (2) roomers, boarders or permanent guests, whether or not gratuitous.
FARMING: Normally, animal husbandry and the production of farm related products; however, not to exclude gravel, mining, and various other special uses.
FENCE: A structure, or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement.
FENCE, OPEN: A fence, including gates, which has, for each one foot (1') wide segment extending over the entire length and height of the fence, at least fifty percent (50%) of the surface area in open spaces which afford a direct view through the fence.
FENCE OR OTHER ENCLOSURE: Any fence, wall or other structure which, when erected or installed in any yard, or between any two (2) or more yards, including yards on adjoining properties, obstructs, impedes, or precludes ready access to any existing utility facility or appurtenance, such as an equipment box, a catch basin, or any other such facility or appurtenance, by causing same to be enclosed.
FENCE, SOLID: A fence, including gates, which conceals from view from adjoining properties, streets or alleys and activities conducted behind it.
FESTOON LIGHTING: A group of two (2) or more incandescent light bulbs hung or strung overhead, not on a building or structure, which are not shaded or hooded to prevent the direct rays of light from being visible from the property line.
FLOOD CREST ELEVATION: The elevation of the established flood level as designated by the Kane County environmental division or the village engineer of Hampshire.
FLOODPLAIN AREA: That contiguous area of land adjacent to a stream or streambed, or any stormwater retention area and its tributaries, having an elevation equal to or lower than flood crest elevation, including also land less than ten (10) acres in area having an elevation higher than flood crest elevation and which is completely surrounded by land in a "floodplain" area.
FLOOR AREA (For Determining Floor Area Ratio): The sum of the gross horizontal areas of the several floors, including also the basement floor of a building, measured from the exterior faces of the exterior walls, or from the centerlines of walls separating two (2) buildings. The "floor area" shall also include the horizontal areas on each floor devoted to: a) elevator shafts and stairwells; b) mechanical equipment, except if located on the roof, when either open or closed; i.e., bulkheads, water tanks, and cooling towers; c) habitable attic space as permitted by the building code of the village of Hampshire; d) interior balconies and mezzanines; e) enclosed porches; f) accessory uses. The "floor area" of structures used for bulk storage of materials; i.e., grain elevators, petroleum tanks; shall also be included in the "floor area" and such "floor area" shall be determined on the basis of the height of such structures with one floor for each ten feet (10') of structure height and if such structure measures less than ten feet (10') but not less than five feet (5') over such floor height intervals, it shall be construed to have an additional floor.
The horizontal area in each floor of a building devoted to off street parking and off street loading facilities and the horizontal area of a cellar floor shall not be included in the "floor area".
FLOOR AREA (For Determining Off Street Parking And Off Street Loading Requirements): "Floor area" when prescribed as the basis of measurement for off street parking spaces and off street loading spaces for any use shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off street parking facilities and the horizontal areas of the basement and cellar floors that are devoted exclusively to uses accessory to the operation of the building. All horizontal dimensions shall be taken from the exterior faces of the walls.
FLOOR AREA RATIO: The numerical value obtained by dividing the "floor area" within a building or buildings on a lot by the area of such lot. The floor area ratio requirement as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible "floor area" for the building or buildings on the lot.
FREIGHT TERMINAL: A building or area in which freight brought by motor truck or railroad freight cars is assembled or stored for routing intrastate or interstate shipment by motor trucks or railroad freight cars.
FRONTAGE: All the property on one side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead end, then all of the property abutting one side between any intersecting street and the dead end of the street, measured along the line of the street.
Multiple Frontage: A lot having a frontage on two (2) or more streets.
GARAGE, PRIVATE: An accessory building designed and used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory and in which no occupation or business for profit is carried on. In residence districts, no more than one of the motor vehicles so stored may be a commercial vehicle of not more than two (2) tons' capacity.
GARAGE, PUBLIC: A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, or repairing motor vehicles. Hiring, selling or storing of motor vehicles may be included.
GARAGE, STORAGE: A building or portion thereof other than a private or public garage, designed or used exclusively for storage of motor vehicles, and in which motor fuels and oils are not sold, and motor vehicles are not equipped, repaired, hired, or sold.
GARBAGE DUMPSTER: A refuse collection container.
GRADE: The elevation of the top of the roadway curb or if no curb exists the centerline of the roadway pavement in either case, measured at a point opposite the centerline of the building wall facing the front lot line or when there are unusual topographic conditions on the lot, and the building is set back more than twenty five feet (25'), "grade" shall be the average elevation of the finished ground grade elevation at the building walls.
GROUND FLOOR AREA: The lot area covered by a principal building, measured at grade, from the exterior faces of the exterior walls, but excluding open porches or terraces, garages or carports, except the floor area of the ground floor of a building over one story in height and the floor above the garage is used or intended for use as a part of the principal use.
GUEST, PERMANENT: A person who occupies or has the right to occupy a lodging house, rooming house, boarding house, hotel, apartment hotel or motel accommodations as his domicile and place of permanent residence.
HOME KITCHEN OPERATIONS: As defined by the Food Handling Regulation Enforcement Act, 410 ILCS 625/0.01 et seq.
HOME OCCUPATION: See Section 6-3-16(B).
HOTEL: A building which provides a common entrance, lobby, halls, and stairways, and in which lodging is offered with or without meals to transient guests.
HOTEL, APARTMENT: A hotel in which at least fifty percent (50%) of the hotel accommodations are for occupancy by permanent guests.
JUNKYARD: An open area of land and any accessory building or structure thereon which is used primarily for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials, including vehicles, machinery and equipment not in operable condition or parts thereof, and other materials, paper, rags, rubber tires and bottles.
KENNEL: Any premises (or portion thereof) on which more than three (3) dogs, cats, or other household, domestic animals (over 4 months in age) are kept; or on which more than two (2) such animals are maintained, boarded, bred, cared for, in return for remuneration, or for the purpose of sale; or on which a training facility for such animals is operated.
LAUNDERETTE: A business that provides coin operated self- service type washing, drying, dry cleaning, and ironing facilities, providing that not more than four (4) persons, including owners, are employed on the premises.
LOADING SPACE: A space within the principal building or on the same lot, providing for the standing, loading or unloading of trucks with access to a street or alley.
LODGING HOUSE: A building originally designed for and used as a single- or two-family dwelling, all or a portion of which contains rooms which accommodate persons who are not members of the keeper's family, where lodging or meals, or both, are provided for compensation for three (3) or more but not more than ten (10) persons.
LODGING ROOM: A room or suite of rooms rented as sleeping and living quarters, but without cooking facilities and with or without individual bathroom. In a suite of rooms, each room which provides sleeping accommodations shall be counted as one (1) "lodging room" for the purpose of this comprehensive amendment.
LOT: A single parcel of land which may be legally described as such or may be one, or two (2) or more numbered lots or parts of such lots located within a single block in a recorded subdivision plat, and occupied by or intended for occupancy by, one principal building or principal use, together with accessory buildings and uses, yards, and other open spaces as required by this comprehensive amendment and having its principal frontage on a street.
LOT AREA: The area of a horizontal plane bounded by the front, side and rear lines of a lot.
LOT, CORNER: A lot situated at the intersection of two (2) or more streets, which streets have an interior angle of intersection of not more than one hundred thirty five degrees (135°).
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT LINE: A property line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the established or existing street or alley line.
LOT LINE, FRONT: That boundary of a lot which abuts a street line.
LOT LINE, FRONT (CORNER LOT): That boundary of a corner lot which abuts a street line and to which the front elevation of the principal structure on the lot faces.
LOT LINE, REAR: That boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line and in the case of an irregular, triangular or gore shaped lot, a line ten feet (10') in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD: A lot which is part of a subdivision, the map of which has been recorded in the office of the county recorder of deeds of Kane County, Illinois, or a parcel of land, the deed of which was recorded in the office of the recorder of deeds of Kane County.
LOT, REVERSED CORNER: A corner lot, where the side lot line abutting a street is substantially a continuation of the front lot line of the first lot to its rear.
LOT, THROUGH: A lot having a pair of opposite lot lines along the two (2) more or less parallel streets. For the purpose of front yard and building height requirements, both street lines shall be deemed front lot lines.
LOT WIDTH: The minimum horizontal distance between the side lot lines of a lot measured at the narrowest width within the buildable area.
MANUFACTURING: An establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing, or testing of materials, goods or products.
MASSAGE THERAPY ESTABLISHMENT: A business having as its principal or substantial business purpose the offering to the public of massage therapy services. For purposes of these regulations, "massage therapy" shall have the meaning prescribed to it by state law, 225 Illinois Compiled Statutes 57/10, and shall be administered only by "massage therapists" licensed under said law.
MICROBREWERY: A brewery that produces less than thirty thousand (30,000) barrels (35,300 hectoliters) of beer or ale per calendar year made from malt and hops by infusion, bailing and fermentation.
MOTEL: A building containing lodging rooms having adjoining individual bathrooms, and where each lodging room has a doorway opening directly to the outdoors, and more than fifty percent (50%) of the lodging rooms are for rent to transient tourists for a continuous period of less than thirty (30) days.
MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is assembled or stored for routing in intrastate shipment by motor truck.
MOTOR VEHICLE: A self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.
NAMEPLATE: A sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
NONCONFORMING BUILDING OR STRUCTURE: Any building or structure lawfully established which: a) does not comply with all the regulations of this comprehensive amendment or of any amendment hereto governing bulk of the district in which such building or structure is located; or b) is designed or intended for a nonconforming use.
NONCONFORMING USE: Any building or structure and the use thereof or the use of land that does not conform with the regulations of this comprehensive amendment or any amendments thereto governing use of the district in which it is located but conformed with all of the codes, ordinances, and other legal requirements applicable at the time such building or structure was erected, enlarged, or altered, and the use thereof or the use of land was established.
NOXIOUS MATTER OR MATERIAL: Material which is capable of causing injury to living organisms or is capable of causing detrimental effects upon the health, or the psychological, social, or economic well being of human beings.
NURSERY: An area where trees, shrubbery and plants are raised for experimental purposes, for transplanting, or for sale.
NURSERY, CHILDCARE: A private residence or other place which, for a fee, provides maintenance, personal care, supervision and recreational facilities for less than five (5) preelementary school age children.
NURSERY SCHOOL: A private school, institution, building, residence or other place operated for profit which, through its ownership or management, provides maintenance, personal care, supervision and recreational facilities for five (5) or more preelementary school age children.
NURSING HOME: A private boarding home, institution, building, residence, or other place operated for profit which, through its ownership or management, provides maintenance, personal care, nursing, and shelter care for the aged, infirm and chronically ill, and in conduct of which provides such service or services to not less than three (3) persons who are not related to the owner by blood or marriage.
ODOR THRESHOLD VALUE: The minimum concentration of odorous material in air which can be detected as determined by Manufacturing Chemists Association or other qualified laboratory.
OFFICE: The building, room or series of rooms in which the affairs of a business or professional person are carried on.
OPEN SALES LOT: Land used or occupied for the purpose of buying, selling or renting merchandise stored or displayed out of doors prior to sale. Such merchandise includes automobiles, trucks, motor scooters, motorcycles, boats, or similar commodities.
OPEN SPACE: Land within or related to a development that is comprised of a parcel or parcels, or an area of land or an area of water, which remains unimproved and is set aside, dedicated, designed or reserved for public use or enjoyment.
PARK, PUBLIC: A tract of land used for public, but noncommercial, recreational purposes or open space purposes, for active or passive enjoyment by the general public. Such land may contain improvements and facilities for indoor and outdoor recreational activities.
PARKING SPACE: An area, enclosed in a building or unenclosed, reserved for the parking of one motor vehicle with ingress and egress to a street or alley.
PARTICULATE MATTER: Material, other than steam or water vapor, which is suspended or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.
PARTY WALL: A common wall which extends from its footing below grade to the underside of the roof and divides buildings.
PLANNED UNIT DEVELOPMENT: A special use of a parcel of land as a unified development planned as an integral unit consisting of one or more structures and uses.
REFUSE COLLECTION AREA: Any land where refuse is stored in an approved container (such as a garbage can or dumpster) until removed by a refuse disposal service.
RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
RINGELMANN CHART: A chart which is described in the U.S. bureau of mines information circular 8333 and on which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke.
RINGELMANN NUMBER: The number of the area on the Ringelmann chart that coincides most nearly with the light obscuring capacity of smoke.
ROOMING HOUSE: See definition of Lodging House.
SETBACK: The minimum horizontal distance between a street line and the nearest wall of a building, structural element, a structure, or operation of a use facing such street line.
SETBACK, ESTABLISHED: When forty percent (40%) or more of the lots fronting on one side of a street within a block are improved, the average of these existing setbacks of such improved lots shall be the "established setback" for determining the depth of required front yards for the remainder of the lots along such frontage, as regulated in this comprehensive amendment.
SIGN: Any object, device, display, or structure or part thereof which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion illumination, projected images, or every projecting signs. "Sign" includes, but is not limited to, every projecting sign, wall sign, painted sign, roof sign, billboard, posterboard, freestanding sign, ground sign, pole sign, window sign, vehicle sign, awning, canopy, marquee, changeable copy sign, illuminated sign, flashing sign, animated sign, temporary sign, portable sign, banners, streamers, or any other attention getting device, or other display, whether affixed to a building or separate from any building.
Animated Sign: Any sign or part of a sign which changes physical position by any movement or rotation.
Arcade Sign: A wall or projecting sign attached to the roof or wall of an arcade and totally within the outside limits of the structural surfaces which are delineating the arcade.
Building Sign: A sign attached to and supported by the exterior of any part of a building except the roof.
Changeable Copy Sign: A sign whereon provision is made for letters or characters to be placed in or upon the surface area either manually or electronically to provide a message or picture which is not permanent in nature.
Contractor Sign: One which names the contractor engaged in the construction on the property where the sign is located.
Development Identification Sign: One which identifies a project under construction.
Exterior Rate Sign: Any sign upon which is designated or written out in words, numbers or figures, rates, prices or any combination thereof, of products, goods or services.
Flag: A piece of cloth containing the symbols or crest of a nation, any organization of nations, states and cities, or a fraternal, religious or civic organization, containing no advertising material or message.
Flashing Sign: Any directly or indirectly illuminated sign, either stationary or animated, which exhibits changing natural or artificial light or color effects by any means whatsoever.
Freestanding Sign: A sign completely or principally supported by posts or other supports independent of any building or other structure and anchored in or upon the ground, including ground signs and pole signs.
Ground Signs: See definition of Freestanding Sign.
Holiday Decoration: A sign in the nature of a decoration, clearly incidental and customary and commonly associated with any national, local or religious holiday.
Illuminated Sign, External: A sign illuminated by a source of light which is cast upon the surface or face of the sign to illuminate by reflection only.
Illuminated Sign, Internal: A sign, all or any part of which is made of incandescent or other types of lamps; or a sign with painted, flush, or raised letters lighted by an electric lamp or lamps attached thereto; or a sign having a border of incandescent or fluorescent lamps thereto attached and reflecting light thereon; or a transparent sign, whether lighted by electricity or other illuminant.
Information Sign: One directing and guiding automotive or pedestrian traffic or parking on private property, but bearing no advertising matter, including a sign identifying restrooms, public telephones, walkways, and similar features or facilities.
Institutional Sign: A nonilluminated bulletin board not over twenty (20) square feet in area for a public, charitable, or religious institution and located on the premises of said institution.
Interior Sign: One located in the interior of any building, or within an enclosed lobby or court of any building or group of buildings, which sign is designed and located to be viewed exclusively by patrons of such use or uses.
Memorial Sign: A "memorial sign" or tablet is one bearing the name of a building and date of erection, when cut into any masonry surface or inlaid so as to be part of the building or when constructed of bronze or other noncombustible material.
Moving Sign: Any sign which rotates or moves or gives the visual impression of rotation or movement.
Nameplate: A sign bearing only the name of the building and/or address of the premises on which it is located.
No Trespassing Sign: This sign or other such sign is one which regulates the use of a property, such as "no hunting" or "no fishing" signs, etc.
Off-Premise Sign: A sign which directs attention to a use, business, commodity, service, or activity not conducted, sold, or offered upon the premises where the sign is located. This term also includes those signs commonly known as advertising signs, billboards, or posterpanels.
On-Premises Sign: A sign which relates solely to a use, business or profession conducted, or to a principal commodity, product, service or entertainment sold, provided, or offered upon the premises where the sign is located.
Painted Wall Sign: A sign which is painted upon appurtenances to said building.
Pole Sign: See definition of Freestanding Sign.
Political Campaign Sign: A sign or poster announcing candidates seeking public political office and/or political and public issues contained on a ballot, and date pertinent thereto.
Portable Sign: Any sign that is not permanently affixed to a structure or the ground, and designed to be moved from place to place, including, but not limited to, signs attached to wood or metal frames designed to be self-supporting and movable; paper, cardboard, or canvas signs wrapped around supporting poles; and signs commonly trailer-mounted and designed to be moved from place to place.
Projecting Sign: A "projecting sign" is a sign supported by a building (or other structure) which projects over any street, sidewalk, alley (or any public or easement) more than twelve (12") inches from the face of the building, structure or supporting wall including any such sign attached to the wall of a building in which the face of the sign in not parallel to such wall.
Public Sign: A legal notice or an identification, information, or direction sign erected or required by governmental body or authorized for a public purpose by any law, statute, or ordinance.
Public Information Sign: A sign conveying information to the general public, including but not limited to signs that announce or provide information about community events, special events, and which give the time and temperature. At least fifty percent (50%) of the display time between nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. must be devoted to public information messages.
Public Utility Sign: Any sign of public utility companies indicating danger, or which serves as an aid to public safety, or which shows the location of underground facilities or of public telephones.
Real Estate Sign: A "for sale", "for rent", or "sold" sign which advertises the sale or rental of the real estate upon which said sign is located or which indicates that the property has not been sold.
Residential Development Sign: A permanent sign at major entrances designed to identify a residential subdivision or planned unit development and containing no commercial advertising.
Roof Sign: A sign erected, constructed, or maintained in whole or in part upon or over the roof of a building or structure.
Rummage Sale Or Garage Sale Sign: One which advertises any sale of used goods or rummage by an individual, to be held at his private garage, or by a religious or charitable or other organization at a designated location.
Sign Structure: A structure constructed for the purpose of displaying a sign.
Surface Area Of Sign: The total exposed surface devoted to the street graphic's message, including all ornamentation, embellishment, and symbols, but excluding the supporting structure which does not form part of the sign proper or of the display. The area of a sign shall be computed by the customary applicable mathematical formula for the shape of the sign face, including copy, background, and any framed or boxed display. In the case of irregularly shaped signs, or signs made up of separate letters or characters connecting in meaning, the area shall be determined by computing the area lying within straight lines connecting the extreme projections, corners, or edges of the letters, characters, symbols, and other figures composing the sign taken as a whole. Where a sign has two (2) or more display faces of unequal dimensions, the area of the largest face shall determine the sign surface area. In the case of a ground graphic designed with more than one exterior surface containing items of information, the area shall be computed as including only the maximum single display surface which is visible from any one ground position.
Temporary Sign: Any sign, banner, pennant, valance or other advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, and portable signs, as otherwise defined herein, for use for a period not to exceed thirty (30) days.
Time And/Or Temperature Sign: See definition of Public Information Sign.
Under-Marquee Sign: Any sign suspended beneath a canopy or marquee intended generally to attract pedestrian traffic.
Vehicle Sign: Any sign attached to or painted on a motor vehicle which advertises a business, product, or service not directly connected with the vehicle upon which such a sign is placed; or any vehicle upon which a message is written which is parked or placed so that its sole function is that of a sign.
Wall Sign: A sign mounted, attached to, or painted on the exterior wall of a building or structure in a plane parallel to that of the supporting wall. A wall sign may not project more than twelve inches (12") from the plane of the structure to which it is attached.
Window Display: A showing of merchandise, pictures, or models of products or services in a window.
Window Sign: A permanent sign visible from the exterior of a building or structure which is painted on a window; depicted upon a card, paper, or other material; placed on, taped on or hung immediately behind the window; or displayed from a window for the specific purpose of identifying the proprietor or name of a business to the passerby. A window sign shall not be construed to be a window promotional sign.
Window Sign, Promotional: A temporary sign visible from the exterior of a building or structure, which is painted on a window; depicted upon a card, paper or other material; or placed on, taped on or hung immediately behind the window; or displayed from a window for the specific purpose of attracting the attention of the passerby to a sale or to promotional items, or other products or services.
SMOKE: The visible discharge from a chimney, stack, vent, exhaust, or combustion process which is made up of particulate matter.
SMOKE UNITS, NUMBER OF: The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this calculation, Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; the various products are then added together to give the total number of smoke units observed during the total period under observation. Steam or water vapor is not considered smoke.
SOLAR ENERGY SYSTEMS: The following definitions relate to solar energy systems:
Abandoned SES: An SES that has not been maintained in or repaired to operating condition within the applicable timeframe set forth in chapter 5, article XVIII of this Code, or for which the owner has not made all submissions required pursuant to chapter 5, article XVIII of this Code.
Height: The vertical distance measured from grade to the highest point of a structure.
Operable Condition: The condition of being capable of operating at full capacity while meeting all applicable requirements set forth in chapter 5, article XVIII of this Code.
Photovoltaic Cell: A semiconductor device that converts solar energy directly into electricity.
Principal Structure Or Building: A structure that contains a principal use, as contrasted to an accessory structure or an incidental use of property.
Principal Use: The main use of land or buildings, as distinguished from subordinate or accessory uses. A "principal use" may be either a permitted use or a special use.
Solar Collector: A professionally manufactured device structure or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, or electrical energy.
Solar Collector Surfaces: Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. A solar collector surface does not include frames, supports and mounting hardware.
Solar Energy System (SES): An active or passive system for which the primary purpose is to convert solar energy into thermal, mechanical, or electrical energy for storage and use.
Solar Energy System, Building Integrated (SES-BI): An SES that is accessory to a principal use and that is an integral part of a principal or accessory building, rather than a separate mechanical device, and that replaces or substitutes for an architectural or structural part of the building. SES- BI include, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, skylights, shading devices, and similar architectural components.
Solar Energy System - Building-Mounted (SES-BM): An SES that is accessory to a principal use and professionally mounted on the roof of a principal building, or on an accessory structure if allowed by the Village's Building Code. An SES-BM can be flush mounted or non-flush mounted.
Solar Energy System, Building-Mounted - Flush Mounted: An SES-BM is deemed to be flush mounted when it is mounted to a finished roof surface where the solar collector, once installed, projects no further than six inches (6") in height beyond the roof surface.
Solar Energy System, Building-Mounted - Non-Flush Mounted: An SES-BM is deemed to be non-flush mounted when it is mounted to a finished roof surface where the solar collector, once installed, projects more than six inches (6") in height beyond the roof surface.
Solar Energy System - Ground Mounted Solar Energy System (SES-GM): A free-standing SES that is accessory to a principal use and is placed on or mounted to the ground.
SOUND LEVEL METER: An instrument standardized by the U.S.A. Standards Institute for measurement of intensity of sound.
SPECIAL GRAPHICS AREA: A separately defined area or portion of the Village in which a creative approach to community graphics is allowed, such that signage in the area may not conform to all the conditions set forth in article XII, "Community Graphics", of this chapter, but where the design features, dimensions, and locations of the community graphics proposed for the area are specified in plans and drawings reviewed and to be approved in accordance with section 6-12-14 of this chapter.
SPECIAL USE: A use which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts. After due consideration, in each case by the Board of Trustees after receiving the report and recommendation of the Planning and Zoning Commission relative to the impact of such use upon neighboring land, and of the public need for the particular use at the particular location, such "special use" may or may not be granted by the Board of Trustees.
SPECIFIED ANATOMICAL AREAS: Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; human male genitals in a discernibly turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Simulated or actual: a) showing of human genitals in a state of sexual stimulation or arousal, b) acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus, c) fondling or erotic touching of human genitals, pubic region, buttock or female breasts.
STORY: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three feet (3') above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.
STREET: Any right-of-way containing a roadway which affords the primary means of vehicular access to abutting properties. When such right-of-way is not an existing or dedicated public "street", it shall be not less than forty feet (40') in width, unless herein otherwise regulated. An alley shall not be considered a street.
STREET LINE: The street right-of-way line abutting a property line of a lot.
STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building.
STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting, the generality of the foregoing, signs, backstops for tennis courts, and pergolas.
TATTOO PARLOR: Any business operation where tattooing is performed. For purposes of this definition, "tattooing" means making a permanent mark on the skin of a live human being by puncturing the skin and inserting indelible colors, and includes imparting permanent makeup on the skin, such as permanent lip coloring or permanent eyeliner. Tattooing does not include: a) the practice of electrology (as defined in the Illinois Electrology Licensing Act), b) the practice of acupuncture (as defined in the Illinois Acupuncture Act), and c) the use, by a physician licensed to practice medicine in all of its branches, of colors, dyes, or pigments for the purpose of obscuring scar tissue or imparting color to the skin for cosmetic, medical or figurative purposes.
TOXIC MATTER OR MATERIAL: Those materials which are capable of causing injury to living organisms by chemical means.
TRAILER: Any vehicle, house car, camp car, or any portable or mobile vehicle on wheels, skids, or rollers or blocks, either self-propelled or propelled by any other means, which is used for living, sleeping, or commercial purposes.
USE: The purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this comprehensive amendment.
USE, ACCESSORY: Any accessory use is one which is incidental to the dominant use of the premises.
USE, PERMITTED: Any use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards, if any, of such district.
USE, PRINCIPAL: The dominant use of land or buildings as distinguished from a subordinate or accessory use.
YARD: An open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this comprehensive amendment.
YARD, FRONT: A yard which is bounded by the side lot lines, front lot line and front yard line.
YARD LINE: A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard. A building, structure or other obstruction shall not encroach into the area between the "yard line" and such adjacent lot line, except for such permitted obstructions in yards as are set forth in this comprehensive amendment.
YARD, REAR: A yard which is bounded by side lot lines, rear lot line, and the rear yard line.
YARD, SIDE: A yard which is bounded by the rear yard line, front yard line, side yard lines and side lot lines. (1985 Code; amd. Ord. 02-10, 5-16-2002; Ord. 03-10, 6-19-2003; Ord. 04-22, 7-15-2004; Ord. 08-27, 6-12-2008; Ord. 08-33, 9-4-2008; Ord. 10-24, 10-21-2010; Ord. 11-21, 9-1-2011; Ord. 14-20, 5-1-2014; Ord. 14-22, 5-1-2014; Ord. 14-23, 5-1-2014; Ord. 16-15, 6-2-2016; Ord. 18-38, 11-1-2018; Ord. 19-20, 8-22-2019; Ord. 20-09, 2-6-2020; Ord. 20-23, 6-18-2020; Ord. 21-15, 4-15-2021; Ord. 22-11, 6-2-2022; Ord. 22-24, 9-15-2022; Ord. 22-29, 10-20-2022)