As used in this Title, the following words and terms shall have the meanings ascribed to them in this Section:
ABANDONMENT: An action to give up one's rights or interest in property.
ACCESSORY BUILDING or USE:
A. An "accessory building or use" is one which:
1. Is subordinate to and serves a principal building or principal use;
2. Is subordinate in area, extent or purpose to the principal building or principal use served;
3. Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
4. Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.
B. An "accessory use" includes, but is not limited to, the following:
1. A children's playhouse, garden house and private greenhouse;
2. A shed, garage, or building for domestic storage;
3. Incinerators incidental to residential use;
4. Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;
5. Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities unless such storage is excluded by the district regulations;
6. A non-paying guest house or rooms for guests within an "accessory building", provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not for permanent occupancy others as housekeeping units;
7. Servant's quarters comprising part of an accessory garage and solely for occupancy by a servant or household employee (and his or her family) of the occupants of the principal dwelling;
8. Swimming pool private, covered or uncovered, for the use by the occupant and his guests;
9. Off street automobile parking areas, loading and unloading facilities;
10. Signs (other than advertising signs) as permitted and regulated in each district incorporated herein;
11. Carports; (Ord. 381-87, 6-9-1987)
12. Public utility facilities. All structures, devices, objects, and materials (including, but not limited to, track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, water and sewer lines and appurtenances thereto), for the transmission, reception, conveyance, storage, control, safety, or otherwise offering, providing or furnishing electricity, gas, steam, telecommunications, cable or video services as defined in the Illinois cable and video competition law of 2007, 220 Illinois Compiled Statutes 21-201(v), and all other utilities; (Ord. 1242-07, 12-17-2007)
13. Survival shelter.
ACRE, GROSS: Forty three thousand five hundred sixty (43,560) square feet.
ACREAGE: Any tract or parcel of land having an area of one acre or more which has not heretofore been subdivided or platted.
AGRICULTURE: All the processes of planting, growing, harvesting of crops in the open and the raising and feeding of livestock and poultry; including farming, farm buildings, and farm dwellings, truck gardens, flower gardens, aviaries, mushroom growing, nurseries, orchards, forestry, dairying, greenhouses and commercial vegetables.
ALTERATIONS: Any change in size, shape, character, occupancy or use of a building or structure.
ALTERATIONS, STRUCTURAL: Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care, observation or treatment of domestic animals. (Ord. 381-87, 6-9-1987)
ANTENNA, NO IMPACT: A PWS antenna which is virtually invisible to the casual observer, such as an antenna installed behind louvers on a building, or inside a steeple or similar structure; or camouflaged so as to blend in with its surroundings to such an extent that it is not more obtrusive to the casual observer than the structure on which it is placed, such as a rooftop, lighting standard, or existing PWS tower.
ANTENNA, PWS: Any exterior apparatus designed for the sending and/or receiving of electromagnetic waves, and used for personal wireless services. (Ord. 911-00, 9-11-2000)
ANTENNA, TV: Attached to the side or mounted on the roof shall be less than seven feet (7') above the highest point of the residence it is attached to or mounted on.
APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, (sink, stove, refrigerator and storage facilities) permanently installed and complete bath and toilet facilities, permanently installed must always be included for each apartment.
APARTMENT HOTEL: See definition of Apartment.
AUDITORIUM: A room, hall or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people as an audience to hear lectures, plays and other presentations.
AUTOMOBILE LAUNDRY (AUTOMATIC): A building or portion thereof containing facilities for washing automobiles, using production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices.
AUTOMOBILE LAUNDRY (SELF-SERVICE): A building or portion thereof containing facilities for washing automobiles, using self-service mechanical devices.
AUTOMOBILE REPAIR, MAJOR: Engine rebuilding or major reconditioning, worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair, and painting of vehicles.
AUTOMOBILE REPAIR, MINOR: Incidental repair, replacement of parts and motor service to automobiles, but not including any operation specified under "Automobile Repair, Major".
AUTOMOBILE SERVICE STATION: A place where gasoline, stored only in underground tanks, lubricating oil or grease for operation of automobiles are offered for sale directly to the public, on the premises, and including minor accessories and the servicing of automobiles, but not including major automobile repairs; and including the washing of automobiles where no chain conveyor, blower or steam-cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or oils is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Automobile service stations shall not include sale, rent or storage of automobiles or trailers (new or used).
AWNING: A roof-like cover, temporary in nature, which projects from the wall of a building or overhangs the public way.
BANKS AND FINANCIAL INSTITUTIONS: Commercial banks, currency exchanges, saving and loan associations, brokerage offices and other similar financial institutions, but not including loan offices, finance companies and pawnshops.
BASE FLOOD: The flood having a one percent (1%) probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood.
BASE FLOOD ELEVATION: The highest water surface elevation of the base flood.
BASEMENT: A portion of the building partly or wholly underground. Finished basement areas less than four feet (4') below the exterior grade may be used to augment the minimum square foot requirement for a one story structure in order to arrive at the minimum square foot requirement for a two (2) story structure.
BEACH: Beach is that portion of the shoreline of a lake or pond both above and below the high-water line which is sanded, pebbled or graveled and used for activities normally associated with shore front properties. (Ord. 381-87, 6-9-1987)
BED AND BREAKFAST: A single-family dwelling unit that is owner- occupied where overnight accommodations, short-term lodging and breakfast are provided for compensation. (Ord. 827-98, 5-11-1998)
BEDROOM: Any room used for sleeping purposes other than a living room, dining room, kitchen, bathroom, utility room or family room for the purpose of this title shall be considered a bedroom.
BILLBOARD: Any structure or portion thereof upon which are signs or advertisements used as an outdoor display. This definition does not include bulletin boards used to announce church services or to display court or other public office notices, or signs offering the sale or lease of the premises on which the sign is located.
BLOCK: A tract of land bounded by streets, or in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities.
BOATHOUSE: Any structure designed for the purpose of protecting or storing of boats used in conjunction with a residence for noncommercial purposes, and located on the same lot as the principal building and not for human habitation.
BORROW PIT: Any place or premises where dirt, soil, gravel or other material is removed by excavation or otherwise below the grade of surrounding land for any purpose other than the necessary and incidental to grading or to building construction or operation on the premises.
BUILDABLE AREA: The space remaining on a zoning lot after the minimum yard requirements have been complied with.
BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings, and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels.
Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers and other similar structures are not considered as buildings.
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 or party walls, pierced only by windows and normal entrance or exit doors.
BUILDING, DETACHED: A building surrounded by open space on the same zoning lot.
BUILDING HEIGHT: The vertical distance as measured from the average ground elevation of the structure perimeter to the highest point of such structure (not including chimney).
BUILDING LINE: A line on a lot, parallel to a lot line or street right of way line of sufficient distance to provide the required yards, delineating the area in which structures are permitted subject to the provisions of this title.
BUILDING PERMIT: A permit by the building official of the village of Hawthorn Woods for the construction, alteration, removal or demolition of a building or structure within the village of Hawthorn Woods.
BUILDING, PRINCIPAL: A nonaccessory building in which the principal use of the zoning lot on which it is located is conducted.
BUILDING SETBACK LINE: A building line establishing the minimum allowable distance between a street right of way line and any structure.
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: The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:
A. Size and height of buildings;
B. Location of exterior walls at all levels in relation to lot lines, street or other buildings;
C. All open spaces allocated to the building;
D. Amount of lot area per dwelling unit;
E. Required parking areas.
BUS LOTS: Any lot or land area used for the storage or layover of passenger buses or motor coaches.
BUSINESS AND PROFESSIONAL OFFICE: The office of an engineer, doctor, dentist, attorney, real estate broker, insurance broker, architect, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration. (Ord. 381-87, 6-9-1987)
CANNABIS: Shall have the same definition as “cannabis” set forth in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS BUSINESS ESTABLISHMENT: A “cultivation center”, “craft grower”, “processing organization”, “infuser organization”, “dispensing organization”, or “transporting organization” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended, and such other cannabis business establishments authorized under the Act, as amended.
CANNABIS CRAFT GROWER: “Craft grower” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS CULTIVATION CENTER: “Cultivation center” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS DISPENSARY: “Dispensing organization” and “dispensary” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS INFUSER: “Infuser organization” or “infuser” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS PROCESSER: “Processing organization” or “processer” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS TRANSPORTER: “Transporting organization” or “transporter” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CARDHOLDER: A qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card by the Illinois department of public health. (Ord. 1529-15, 2-23-2015)
CARPORT: A roofed over area attached to the principal building for vehicle storage, which may be open on three (3) sides.
CELLAR: See definition of Basement.
CLINIC OR MEDICAL HEALTH CENTER: A medical center or medical clinic is an establishment where licensed doctors of medicine engage in the practice of medicine, operating on a group or individual basis, with pooled facilities such as coordinated laboratory, X-ray and allied departments, for the diagnosis and treatment of humans, which need not, but may include, a drug prescription counter (not a drugstore) for the dispensing of drugs and pharmaceutical products to the patients of the said organization. In addition to the above, the medical center or medical clinic may include the space for the practice of dentistry.
CLUB OR LODGE, PRIVATE: A nonprofit association of persons who are bona fide members paying annual dues, which owns, hires or leases land, a building or portion thereof, the use of such premises being restricted to members and their guests.
CLUSTER SUBDIVISION: A land subdivision with a majority of the individual building sites abutting directly on parks or other common open space.
CONFORMING BUILDING OR STRUCTURE: Any building or structure which:
A. Complies with all the regulations of this title or of any amendment thereof governing bulk of the district in which said building or structure is located; or
B. Is designed or intended for a permitted use or conditioned permitted use, as herein allowed in the district in which it is located.
COURT, OUTER: An open unoccupied space opening onto a street or yard.
CURB LEVEL: The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street the "curb level" shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the level of the street centerline shall be considered the "curb level". (Ord. 381-87, 6-9-1987)
DAYCARE CENTER: Any childcare facility which regularly provides daycare for less than twenty four (24) hours per day for: a) more than eight (8) children in a family home, or b) more than three (3) children in a facility other than a family home, as defined by the "childcare act of 1969".
DAYCARE HOME: Any childcare facility which regularly provides daycare for less than twenty four (24) hours per day for up to six (6) children (exclusive of applicant's family members) in a family home. (Ord. 983-02, 5-20-2002)
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". (Ord. 381-87, 6-9-1987)
DESIGNATED CAREGIVER: A person who: a) is at least twenty one (21) years of age; b) has agreed to assist with a patient's medical use of cannabis; c) has not been convicted of an excluded offense, as defined in the state statute; and d) assists no more than one registered qualifying patient with his or her medical use of cannabis. (Ord. 1529-15, 2-23-2015)
DISTRICT: The area into which the village of Hawthorn Woods has been divided for which uniform regulations governing the use, size and intensity of land and buildings and open space about buildings is established. (Ord. 381-87, 6-9-1987)
DRIVE-THROUGH FACILITY: The use of buildings, structures, or parts thereof, to provide or dispense products or services, either wholly or in part, through an attendant or window or automated machine, to persons in motorized vehicles that are in a designated stacking space. A drive-through facility may be allowed only as a special use, and only accessory to a principal use. A drive-through facility does not include a vehicle washing facility external to a building, a vacuum cleaning station accessory to a vehicle washing facility, or an automobile/gasoline service station. (Ord. 1398-12, 6-18-2012)
DWELLING: A building or portion thereof, but not including house trailer or mobile home designed or used exclusively for residential occupancy, including one-family dwelling units, two- family dwelling units, and multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses.
DWELLING, ATTACHED: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING, DETACHED: A dwelling which is entirely surrounded by open space and is not connected to any other dwelling unit by roof, walls or porches on the same lot.
DWELLING, GROUP: Two (2) or more one-family, two-family or multiple-family dwellings or boarding or lodging houses, located on one zoning lot but not including tourist courts or motels.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof, designed or altered for occupancy by three (3) or more families living independently of each other.
DWELLING, ONE-FAMILY: A dwelling unit designed exclusively for use and occupancy by one family.
DWELLING, ROW (PARTY WALL): A row of two (2) or more attached one-family party wall dwellings, not more than two and one-half (21/2) stories in height nor more than one dwelling unit in depth, measured from the building line.
DWELLING, SEMIDETACHED: A dwelling joined to one other dwelling by a party wall, or vertical cavity wall, and aboveground physically unifying horizontal structural elements.
DWELLING, TWO-FAMILY: A building designed or altered to provide dwelling units, each with a separate entrance, for occupancy by two (2) families living independently of one another.
DWELLING UNIT: Consists of one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included with each dwelling unit.
EDUCATIONAL INSTITUTIONS: Public, parochial, charitable or nonprofit junior college, college or university, other than trade or business schools including instructional and recreational uses with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.
EFFICIENCY UNIT: A dwelling unit consisting of one principal room for living, sleeping and eating plus facilities for cooking and a complete bath and toilet facilities. (Ord. 381-87, 6-9-1987)
ENCLOSED, LOCKED FACILITY: A room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agent(s) or a dispensing organization's agent(s) working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients. (Ord. 1529-15, 2-23-2015)
FAA: The federal aviation administration.
FCC: The federal communications commission. (Ord. 911-00, 9-11-2000)
FAMILY: One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family. (Ord. 381-87, 6-9-1987)
FARMSTAND: An establishment devoted to seasonal retail sales of horticultural and floricultural produce, Christmas trees, nursery stock and related supplies. Farmstands shall occupy a minimum of two (2) acres, shall take access only from arterial or collector streets, shall provide adequate off street parking and screening, and shall involve no sales or storage of bulk materials nor any sales of animals, poultry, fish or fowl. (Ord. 520-21, 6-8-1992)
FLOOD: A general and temporary condition of inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
FLOOD FRINGE: That portion of the floodplain outside of the floodway.
FLOODPLAIN: Floodplains may be either riverine or inland depressional areas. Riverine floodplains are those areas contiguous to a lake, pond, stream, or streambed whose elevation is greater than the normal water pool elevation but equal to or lower than the projected 100-year flood elevation. Inland depressional floodplains are floodplains not associated with a stream system to which surrounding lands drain causing periodic inundation by stormwaters that are subject to inundation by the base flood.
FLOODWAY: The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood.
FLOOR AREA, GROSS (For The Purpose Of Determining Requirements For Off Street Parking And Off Street Loading): The sum of the gross horizontal area of the several floors of the buildings or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
However, floor area, for the purposes of measurement for off street parking spaces, shall not include floor area devoted primarily for storage purposes. The following areas shall not be included for the purpose of measurement of off-street parking spaces:
A. Floor area devoted to off street parking or loading facilities, including aisles, ramps and maneuvering space;
B. Basement floor area other than area devoted to retailing or service activities or the production or processing of goods, or to business or professional offices.
FLOOR AREA, SINGLE-FAMILY: Gross living area excluding porch, garage, breezeway and similar portion of the structure not intended for continued living.
FREEWAY: A major highway having no intersections at grade and having fully controlled access, hence "free" from conflicts and interruptions.
FREQUENCY: The number of oscillations per second in a sound wave measuring the pitch of the resulting sound.
FRONTAGE: All the property fronting on one side of a street between the two (2) nearest intersecting streets measured along the line of the street or, if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street or the property on one side of a street between an intersecting street and a right of way, waterway or other similar barrier.
GARAGE, BUS: Any building used or intended to be used for the storage of one or more passenger motor buses or motor coaches used in public transportation, including school buses.
GARAGE, BUS OR TRUCK: A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one and one-half (11/2) tons' capacity.
GARAGE, PRIVATE: Any accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families residing on the premises, and in which no business, service or industry connected directly or indirectly with the automobile vehicles is carried on; provided, that not more than one-half (1/2) of the space may be rented for the private vehicles of persons not residing on the premises, except that all the space in a garage of one or two (2) car capacity may be so rented. Such a garage shall not be used for more than two (2) commercial vehicles and the load capacity of such vehicles shall not exceed two and one- half (21/2) tons.
GARAGE, PUBLIC: A building other than a private garage used for the care, incidental servicing and sale of automobile supplies or where motor vehicles are parked or stored for remuneration, hire or sale within the structure but not including trucks, tractors, truck trailers and commercial vehicles exceeding one and one-half (11/2) tons' capacity.
GOLF COURSE: Public, semipublic or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto. (Ord. 381-87, 6-9-1987)
GRADE: The average elevation of the finished ground level adjoining the building as established by the lowest points within the area between the building and a point five feet (5') from the building. For buildings with "walkout" type basements, the grade shall be established as provided herein, except that the ground level adjoining the exterior wall of said basement which includes said "walkout" area shall be excluded for purposes of calculating said average elevation. (Ord. 752-96, 1-8-1996)
GRADE, STREET: The elevation of the established street in front of the building measured at the center of such front and at the centerline of the street. Where no street grade has been established, the village engineer shall establish such street grade or its equivalent for the purposes of this section. In establishing the street grade, the village engineer shall use reasonable engineering standards and practices to determine the elevation.
GROSS DENSITY: The ratio between total number of dwelling units on a lot and total lot area in acres.
GROUND FLOOR AREA: The lot area covered by a principal building measured at grade from the exterior faces of exterior walls. (Ord. 381-87, 6-9-1987)
HEAD SHOP: A retail outlet that specializes in drug paraphernalia related to consumption of cannabis, other recreational drugs, and/or new age herbs, as well as counterculture art, magazines, music, clothing, and home decor. Products typically include, but are not limited to, water pipes, bongs, roach clips, pipes, rolling papers, rolling machines, and whipped cream chargers containing nitrous oxide. (Ord. 1529-15, 2-23-2015)
HOME OCCUPATION: See section 9-3-4 of this title.
HOSPITAL OR SANATORIUM: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty four (24) hours in any week of three (3) or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions.
HOTEL, MOTEL OR INN: An establishment containing lodging accommodations designed for use by transients or travelers or temporary guests. Facilities provided may include main service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms, restaurants, including the sale of alcoholic beverages. (Ord. 381-87, 6-9-1987)
KENNEL, COMMERCIAL: A structure or portion thereof, or lot of record used for housing, keeping and/or maintenance of more than three (3) dogs, or three (3) cats, or three (3) other domestic animals, or any combination thereof, over the age of four (4) months. (Ord. 799-97, 7-14-1997)
LABORATORY, COMMERCIAL: A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly or packaging of products is not included within this definition.
LAND USE INTENSITY: The overall structural mass and open space relationship in a developed property.
LOADING AND UNLOADING SPACE OR BERTH, OFF STREET: An open, hard surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys.
LODGING OR ROOMING HOUSE: A building with not more than five (5) guestrooms where lodging is provided for compensation pursuant to previous arrangement, but not open on a daily, overnight or per meal basis to transient guests.
LOT: Parcel of land legally described as a district portion or piece of land of record.
LOT AREA: The area of a horizontal plane bounded by vertical planes containing the front, side and rear lot lines but excluding any street, easement for street purposes or right of way.
LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five degrees (135°) or less.
LOT COVERAGE: The area of a zoning lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTH: The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries. (Ord. 381-87, 6-9-1987)
LOT FRONT: A lot that is part of a lot in depth subdivision which has frontage along a public street and is situated between said street and a lot in depth. (Ord. 843-98, 9-14-1998)
LOT FRONTAGE: The front of a lot shall be that boundary of a lot along a street; for a corner lot, the front of a lot shall be the shortest boundary along a street excluding the turning radius. (Ord. 381-87, 6-9-1987)
LOT IN DEPTH: A lot that does not have frontage along a public street, but has access to a public street by virtue of a permanent ingress/egress easement.
LOT IN DEPTH SUBDIVISION: A subdivision of one or more lots which results in one or more lots in depth and one or more front lots. (Ord. 843-98, 9-14-1998)
LOT, INTERIOR: A lot other than a corner or reversed corner lot.
LOT LINE: A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends to the abutting street or alley, the lot line shall be deemed to be the street or alley line.
LOT LINE, FRONT: The front property line of a zoning lot.
LOT LINE, INTERIOR: A side lot line common with another lot.
LOT LINE, REAR: The lot line or lot lines most nearly parallel to and most remote from the front lot lines.
LOT LINES, SIDE: Lot lines other than front or rear lot lines are side lot lines.
LOT OF RECORD: A single lot which is part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds of Lake County, Illinois; or a single parcel of land, the deed of which has been recorded in the office of the recorder of deeds of Lake County, Illinois.
LOT, REVERSED CORNER: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
LOT, THROUGH: A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
LOT WIDTH: The mean horizontal distance between the side lot lines measured within the lot boundaries.
MANUFACTURE: The production, making or processing of products or commodities for general consumption by the public or for sale to specialized institutions or organizations. Also included is the subassembly, fabrications or processing of parts or components for use in other products or commodities.
MARQUEE OR CANOPY: A rooflike structure of a permanent nature which projects from the wall of a building and may overhang the public way and is designed and intended to protect pedestrians from adverse weather conditions. (Ord. 381-87, 6-9-1987)
MOBILE HOMES: Any vehicle or portable structure constructed so as to permit occupancy thereof for lodging or dwelling purposes or for use as an accessory building or structure in the conduct of a business, trade or occupation, and which is designed and constructed so that it is or may be mounted on wheels and used as a conveyance on streets and highways and which is propelled or drawn by its own or other power.
MOTEL: See definition of Hotel, Motel Or Inn.
MOTOR FREIGHT TERMINAL: A building in which freight, brought to said building by motor trucks, is assembled and sorted for routing in either interstate or intrastate shipment by motor truck.
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.
NET SITE AREA: The area of a zoning lot, parcel or tract, excluding boundary rights of way.
NONCONFORMING BUILDING OR STRUCTURE: Any building or structure which:
A. Does not comply with all the regulations of this title or of any amendments thereto governing bulk of the zoning district in which such building or structure is located; or
B. Is designed for, or intended to be used in, a nonconforming manner.
NONCONFORMING USE: The use of land, buildings or structures which does not comply with all the regulations of this title or of any amendments hereto governing the use of the zoning district in which such use is located.
NOXIOUS MATTER: Material, gas or vapor which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effect upon the psychological, social or economic well being of human beings.
NURSERY, CHILDCARE: An establishment for the part time care of five (5) or more children of preelementary school age in addition to the members of the family residing therein.
NURSING HOME OR REST HOME: A commercial establishment for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders but not including facilities for the treatment of sickness or injuries or surgical care.
OCCUPANCY CERTIFICATE: A certificate issued by the building inspector stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this title.
OCTAVE BAND: A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
OCTAVE BAND FILTER: An electrical frequency analyzer, designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurement in specific octave intervals (American Standard for Sound Level Meters, ASA No. 244, 3-1944).
OPEN SALES LOT: A lot or parcel of land used or occupied for the purpose of buying, selling or trading of all goods and commodities and including the storage of same prior to sale or exchange. (Ord. 381-87, 6-9-1987)
PWS FACILITIES: PWS antennas, PWS towers, associated accessory structures and appurtenant electrical and mechanical equipment. (Ord. 911-00, 9-11-2000)
PARKING AREA, PRIVATE: An open, hard-surfaced area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.
PARKING AREA, PUBLIC: An open, hard-surfaced area, other than a street or public way, intended to be used for the parking or storage of passenger automobiles and commercial vehicles under one and one-half (11/2) tons' capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.
PARKING SPACE, AUTOMOBILE: Space within a public or private parking area of not less than nine feet by twenty feet (9' x 20'), exclusive of access drives or aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half (11/2) tons' capacity.
PARTICULATE MATTER: Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.
PERFORMANCE STANDARD: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. (Ord. 381-87, 6-9-1987)
PERSONAL WIRELESS SERVICES (PWS): Commercial mobile services, common carrier wireless exchange access services, and unlicensed wireless services (i.e., telecommunications services using duly authorized devices which do not require individual licenses, but not including direct-to-home satellite services). (Ord. 911-00, 9-11-2000)
PLAN COMMISSION: See title 2, chapter 2 of this code and section 9-16-8 of this title.
PLANNED DEVELOPMENT: A tract of land which is planned as a whole for development under single ownership or control and which, by virtue of such unified planning and development, provides greater amenities, convenience or other benefits than normally would be had through the development. Adequate provision shall be made for basic community facilities such as schools, parks, playgrounds and churches, among others.
PORCH: A roofed over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part.
PRINCIPAL USE: The main use of land or buildings as distinguished from a subordinate or accessory use.
PRIVATE SEWER: A sewer privately owned and not directly controlled by public authority. (Ord. 381-87, 6-9-1987)
PRIVATE TUTORING/PERSONALIZED EDUCATIONAL SERVICE FACILITY: A privately owned educational facility, other than a school, which provides private tutoring and/or personalized educational services. (Ord. 997-02, 8-19-2002)
PUBLIC OPEN SPACE: Any publicly owned open area including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets. (Ord. 381-87, 6-9-1987)
PUBLIC UTILITY: Any person, firm, corporation or governmental entity offering, providing or furnishing water, sewer, electricity, gas, steam, telecommunications, cable or video services as defined in the Illinois cable and video competition law of 2007, 220 Illinois Compiled Statutes 5/21-201(v), and all other utilities. Public utility does not include personal wireless services (PWS) facilities. (Ord. 1312-10, 1-19-2010)
PUBLIC WAY: Any sidewalk, street, alley, highway or other public thoroughfare.
RAILROAD RIGHT OF WAY: A strip of land with tracks and auxiliary facilities for track operation, but not including depot loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, water towers, etc.
RESTAURANT: Any land, building or part thereof, other than a boarding house where meals are provided for compensation including a cafe, cafeteria, coffee shop, lunchroom, drive-in stand, tearoom and dining room and including the serving of alcoholic beverages when served with and incidental to the serving of meals.
RINGELMANN NUMBER: The number of the area on the Ringelmann chart that coincides most nearly with the visual density of smoke emission.
ROADSIDE STAND: A farm building used or intended to be used solely by the owner or tenant of the farm on which such building is located for the sale of farm products.
SANITARY LANDFILL: A method of disposing of solid fill by spreading and covering with earth.
SETBACK: See definition of Building Setback Line.
SIGN: A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, inside of a building, structure, tree, rock or other object or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business.
However, a sign shall not include any display of official court of public office notice or shall it include the flag, emblem or insignia of a nation, political unit, school or religious group. A sign shall not include a sign located completely within an enclosed building unless the context shall be exposed to view from a street or public way. Each display surface of a sign shall be considered to be a sign.
SIGN, ADVERTISING (BILLBOARD): A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is attached.
SIGN, BUSINESS: A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to where it is affixed.
SIGN, CHURCH BULLETIN BOARD: A sign attached to the exterior of a church or located elsewhere on the church premises, used to indicate the services or activities of the church and including its name, if desired.
SIGN, FLASHING: Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this title, any revolving, illuminated sign shall be considered a flashing sign.
SIGN, GROSS SURFACE AREA OF: A sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
SIGN, IDENTIFICATION: A structure, building wall or other outside surface used to display and identify the name of the individual, business, profession, organization or institution occupying the premises upon which it is located.
SIGN, MOVING: A moving sign is a pennant, streamer, whirling disk or other moving object to attract attention.
SMOKE UNITS: The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this chart, 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, and the various products are added together to give the total number of "smoke units" observed during the total period under observation. (Ord. 381-87, 6-9-1987)
SNOWPLOWING SERVICE: The maintenance and storage of vehicles and equipment used for snowplowing and ice removal services off site. (Ord. 1377-11, 10-17-2011)
SOUND LEVEL METER: An instrument standardized by the American Standards Association for measurement of intensity of sound.
STACKING REQUIREMENTS: For the purposes herein, stacking requirements are the number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishment. (Ord. 381-87, 6-9-1987)
STACKING SPACE: A space specifically designated as a waiting area for vehicles patronizing a drive-through establishment. (Ord. 1398-12, 6-18-2012)
STORY: That portion of a building or structure included between the surface of any floor and the ceiling next above it. A basement shall be counted as a story if the floor next above it is more than five feet (5') above the average ground elevation.
STORY, HALF: A half story is that portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four and one- half feet (41/2') above the finished floor of each story.
STREET: A place of way, however designated, for vehicular travel which affords principal means of access to abutting property.
STREET, FRONTAGE: All of the property fronting on one side of a street between two (2) intersecting streets, or in the case of a dead end street, all of the property along one side of the street between an intersecting street and the end of such dead end street.
STREET LINE: A line separating a lot, piece, or parcel of land from a street right of way.
STRUCTURAL ALTERATIONS: See definition of Alterations, Structural.
STRUCTURE: Anything constructed or erected which requires location on or in the ground or is attached to something having location on or in the ground including a fence or freestanding wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.
SWIMMING CLUB, PRIVATE (COMMERCIAL): A private club operated for profit, maintaining and operating a swimming pool and apparatus and equipment pertaining to the swimming pool, with specified limitations upon the number of members for the exclusive use of members and their guests.
SWIMMING CLUB, PRIVATE (NONPROFIT): A private club incorporated as a nonprofit club or organization, maintaining and operating a swimming pool, with specified limitations upon the number of members limited to residents of a block, subdivision, neighborhood, community or other specified area of residence, for the exclusive use of members and their guests.
SWIMMING POOL, COMMERCIAL: A swimming pool and the apparatus and equipment pertaining to the swimming pool, operated for profit, open to the public upon payment of an hourly, daily, weekly, monthly, annual or other fee.
SWIMMING POOL, PRIVATE: A swimming pool and the apparatus and equipment pertaining to the swimming pool located on a lot as an accessory use to a residence and maintained by an individual for the sole use of his household and guests, without charge for admission, and not for the purpose of profit or in connection with any business operated for profit.
SWIMMING POOL, PUBLIC: A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a municipality or other units of government for the general public whether or not an admission fee is charged.
TAVERN OR LOUNGE: A building where liquors are sold to be consumed on the premises but not including restaurants where the principal business is serving food.
TOURIST HOME: A dwelling designed or used for single-family dwelling in which sleeping accommodations are provided or offered for transient guests for compensation. (Ord. 381-87, 6-9-1987)
TOWER, PWS: Any structure primarily designed, constructed and used for the purpose of supporting one or more PWS antennas. (Ord. 911-00, 9-11-2000)
TOXIC MATERIALS: A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.
TRAILER: See title 6 of this code. (Ord. 381-87, 6-9-1987)
TREE TRIMMING BUSINESS: A use involving the trimming or removal of trees or similar landscape material from customers' property. The activities of sawing, splitting, shaving, stripping, chipping, grinding, cutting, logging, lumbering or otherwise processing of trees, logs, tree branches or similar wood material must take place at the customers' property as opposed to the zoning lot where the tree trimming business is located. (Ord. 1281-09, 3-16-2009)
USE: The purpose or activity for which land or buildings thereon are designed, arranged or intended, or for which it is occupied or maintained, let or leased.
USE, PERMITTED: A use which may be lawfully established in a particular district or districts, provided it conforms with all the requirements and regulations of such district.
USE, PRINCIPAL: The main use of land or buildings as distinguished from subordinate or accessory uses.
USE, SPECIAL: Permission by the municipal authority to use the land in a way not ordinarily permitted in a given classification.
VARIATION: A relaxation of the terms of the zoning regulations where such variations will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of the zoning regulations would result in unnecessary and undue hardship. As used in this title, a variation is authorized only for height, area and size of structure or size of yards and open spaces. Establishment or expansion of a use, otherwise prohibited, shall not be allowed by variation nor shall a variation be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. (Ord. 381-87, 6-9-1987)
VETERINARY CLINIC: A place where animals are given medical or surgical treatment on an outpatient basis and overnight stays are limited to short term care incidental to the treatment. (Ord. 821-98, 4-13-1998)
VILLAGE: The village of Hawthorn Woods, Illinois.
YARD: An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward to the sky, except as otherwise permitted herein and which extends along a lot line and to a depth and width specified in the yard regulations for the zoning district in which the zoning lot is located.
YARD, FRONT: A yard extending the full width of the front of a zoning lot between a street right of way and the building setback line, or the building facade furthest from the street, whichever is greater.
YARD, REAR: A yard extending the full width of the rear of a zoning lot between the rear lot line and the nearest building facade.
YARD, SIDE: A yard located on either side of a zoning lot extending from the front yard to the rear yard between the furthest building facade and a lot line or street right of way line in the case of a corner lot.
ZONING ADMINISTRATOR: The zoning administrator of the village of Hawthorn Woods, as constituted by ordinance 1 .
ZONING BOARD: See title 2, chapter 3 of this code and section 9-16-6 of this title.
ZONING DISTRICT: An area or areas within the village for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.
ZONING LOT: A single tract of land within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.
ZONING MAP: The map incorporated herein as a part hereof, designating zoning districts. (Ord. 381-87, 6-9-1987; amd. Ord. 2126-21, 10-25-2021)
Notes
| 1 | 1. See section 9-16-2, "Administrative Officer", of this title. |