10-1-4: DEFINITIONS:
Certain words used to explain land use regulations require special usage. Other words and terms must be defined as to the manner in which they relate to Zoning. The following words are defined for the purpose of clarity and understanding of the provisions set forth in this Title:
ABANDONMENT:
An action to intentionally give up one's rights or interests in property.
ACCESSORY BUILDING OR USE:
One which:
A.   Is subordinate to and serves a principal building or principal use;
B.   Is subordinate in area, extent, or purpose to the principal building or principal use served;
C.   Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served;
D.   And shall conform to the same construction requirements as the principle structure;
E.   Accessory structures are defined as other structures other than the principle structure or an accessory building. Examples are sheds or gazebos. It does not include driveways and sidewalks.
F.   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.
G.   A truck parking area can be considered an accessory use if all the following are met:
   1.   The operator has a business operated out of a facility (primary business) within the Village of Hodgkins;
   2.   The parking is ancillary to the operation of the primary business;
   3.   The area is not leased to any other business or corporate entity
   4.   The area is not in a Residential District;
   5.   The surface is concrete or asphalt;
   6.   A Village of Hodgkins business license has been obtained;
H.   The accessory use cannot be the only use on a lot.
ACREAGE:
Any tract or parcel of land having an area of one acre or more which has not heretofore been subdivided or platted.
ADULT BOOKSTORE AND/OR VIDEO STORE:
An establishment having as a significant or substantial portion of its stock in trade books, magazines, periodicals or other printed matter, and/or photographs, films, motion pictures, videocassettes, slides, tapes, records, or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT BUSINESS USE:
Any commercial use of property of which a significant or substantial portion involves an activity distinguished or characterized by its emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, including, but not limited to, the operation of an adult bookstore and/or video store, adult mini-motion picture theater, adult motion picture theater, adult motion picture arcade, adult motel, adult card, gift or novelty store, or adult entertainment cabaret.
ADULT CARD, GIFT, OR NOVELTY STORE:
An establishment having a significant or substantial portion of its stock in trade items such as cards, games, articles of clothing, and novelties which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT CABARET:
A public or private establishment which, live or on motion pictures, features:
A.   Topless and/or bottomless dancers, strippers, and/or male or female impersonators; or
B.   Entertainers who not infrequently display specified anatomical areas; or
C.   Entertainers who, by reason of their appearance or conduct, perform in a manner which is designed primarily to appeal to the prurient interest of the patron or entertainers who engage in, or engage in explicit simulation of, specified sexual activities.
ADULT MINI MOTION PICTURE THEATER:
An enclosed building, or any portion or portions thereof, having a capacity from six (6) to fifty (50) persons, where, for any form of consideration (including a coin or token inserted into a coin or token operated projector, video screen, or other image producing device), patrons may view films, motion pictures, video cassettes, slides or similar photographic or electronic reproductions in which a significant or substantial portion of the total presentation time is devoted to the showing of materials that are distinguished by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT MOTEL:
A hotel, motel, or similar commercial establishment which:
A.   Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other electronic or photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way which advertises the availability of such transmissions, films, motion pictures, video cassettes, slides, or other photographic or electronic reproductions; or
B.   Offers a sleeping room for rent for a period of time that is less than eight (8) hours; or
C.   Allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is less than eight (8) hours.
D.   Rent and/or sublet, when used in reference to an adult motel, shall mean the act of permitting a sleeping room to be occupied for any form of consideration.
ADULT MOTION PICTURE ARCADE:
An establishment in which electronic, electrical, or mechanical still or slide projectors, video screens, closed circuit television transmissions, or other image producing devices operable by insertion of a coin or token or for other consideration are maintained for presentation of images to five (5) or fewer persons at a single time per such device and where the images presented are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER:
An enclosed building with a capacity of fifty (50) or more persons where, for any form of consideration, patrons may view closed circuit television transmissions, films, motion pictures, video cassettes, slides, or similar electronic or photographic reproductions in which a significant or substantial portion of the total presentation time is devoted to the showing of materials that are distinguished by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT-USE CANNABIS:
Nonmedical cannabis as defined in the Adult-Use Cannabis Act.
ADULT-USE CANNABIS ACT:
The Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) and as may, from time to time, be amended.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT:
An Adult-Use cannabis cultivation center, craft grower, processing organization, Infuser organization, dispensing organization, or transporting organization.
ADULT-USE CANNABIS CRAFT GROWER:
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture 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, per the Act as it may be amended from time to time and regulations promulgated thereunder.
ADULT-USE CANNABIS CULTIVATION CENTER:
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport, and perform necessary activities to provide cannabis and cannabis infused products to licensed cannabis business establishment, per the Act, as it may be amended from time to time and regulations promulgated thereunder.
ADULT-USE CANNABIS DISPENSING ORGANIZATION:
A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire 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, per the Act, as it may be amended from time to time and regulations promulgated thereunder.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER:
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis infused product, per the Act, as it may be amended from time to time and regulations promulgated thereunder.
ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR:
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce cannabis product, per the Act, as it may be amended from time to time and regulations promulgated thereunder.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER:
An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Act. as it may be amended from time to time and regulations promulgated thereunder.
ALLEY:
A public way, not more than thirty feet (30') wide, which affords only a secondary means of access to abutting property.
ALTERATION:
A change in size, shape, character, or use of a building or structure, or a change or rearrangement in the structural, mechanical, electrical, plumbing or egress systems of a building or structure.
ALTERATION, 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, and girders.
ANTENNA:
A vertical structure or other device used to transmit or receive radio, television, telephone, and internet signals.
APARTMENT HOTEL:
See definition of Hotel, Apartment.
APARTMENT HOUSE:
See definition of Dwelling, Multiple-Family.
ATTIC:
A space between the roof and next lower ceiling, having an average clear height of less than seven feet (7').
AUDITORIUM:
A room, hall, or building made a part of a church, theater, school, recreation building, concert or music hall, or other building, assigned to the gathering of people as an audience to hear lectures, plays, etc.
AUTO WRECKING YARD OR JUNKYARD:
Any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation; any land, building, or structure used for wrecking or storing of such motor vehicles or parts thereof; and including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition, and including the commercial salvaging and scavenging of any other goods, articles or merchandise.
AUTOMOBILE AND TRAILER SALES AREA:
An open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.
AUTOMOBILE REPAIR, MAJOR:
Engine rebuilding or major reconditioning of 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 repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under the definition of "automobile repair, major."
AUTOMOBILE SERVICE STATION:
A place where gasoline, stored only in underground tanks, kerosene, 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 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 oil 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 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.
BASEMENT:
A story partly or wholly underground. Where more than one half (1/2) of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes of height measurement.
BILLBOARD:
See definition of Sign, Advertising (Billboard).
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.
BUILDABLE AREA:
The space remaining on a Zoning lot after there has been compliance with the minimum open space requirements, setbacks, and other applicable regulations such as required yards.
BUILDING:
A.   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.
B.   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 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 measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest elevation of the roof in the case of a slant or flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building and/or measured from the average height of the structures on the lots on both sides.
BUILDING LINE:
The line nearest the front of and across a Zoning lot establishing the minimum open space to be provided between the front line of a building or structure and the street right of way line.
BUILDING, NONCONFORMING:
Any building which does not conform to the regulations herein prescribing the maximum floor area ratio, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located.
BUILDING OFFICIAL:
The Officer or other designated authority charged with the administration and enforcement of the Village of Hodgkins Building Code or a duly authorized representative.
BUILDING, PRINCIPAL:
A nonaccessory building in which the principal use of the Zoning lot on which it is located is conducted.
BUILDING, RESIDENTIAL:
A building which is arranged, designed, used, or intended to be used for residential occupancy (one-family, two-family, and multi-family).
BUILDING SETBACK LINE:
A line parallel to the street line at a distance from it, regulated by the front yard requirements set out herein.
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, streets, or other buildings.
C.   Gross floor area of buildings in relation to lot area (floor area ratio).
D.   All open spaces allocated to the buildings.
E.   Amount of lot area per dwelling unit.
F.   Required parking areas.
BUS LOT:
Any lot or land area used for the storage or layover of passenger buses or motor coaches.
CANOPY:
A roof like structure, with or without post or other ground support, constructed to provide shelter to pedestrians or vehicles. A canopy may extend into the public right of way but not closer than two feet (2') to the curb line.
CAR WASH:
A building, or portion thereof, where automobiles are washed with the use of a chain conveyer and blower or steam cleaning device.
CARPORT:
A roofed over area attached to the principal building for vehicle storage, which may be open on three (3) sides.
CELLAR:
A story having more than one half (1/2) its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purposes of height measurement.
CLINIC OR MEDICAL HEALTH CENTER:
An establishment where three (3) or more 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 or pharmacy) 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.   A nonprofit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests.
B.   It shall be permissible to serve food and meals on such premises, provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to the members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though such beverages may be served in a separate room or rooms; and provided that such sale of alcoholic beverages is in compliance with the applicable federal, state, and Village laws.
COACH HOUSE:
A single-family dwelling erected on a single lot in addition to the primary single-family dwelling. All requirements such as lot coverage and setbacks have to be in compliance using both structures to determine compliance.
COMMERCIAL OR INDUSTRIAL FACILITY:
Any facility whose operation will affect commerce or that is intended for nonresidential use by a private entity.
CORNER LOT:
See definition of Lot, Corner.
CORNER LOT REVERSED:
See definition of Lot, Reversed Corner.
COURT, OUTER:
An open, unoccupied space opening onto a street, alley, or yard.
COVERAGE, LOT:
See definition of Lot Coverage.
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 mean level of the land immediately adjacent to the building shall be considered to be the curb level.
DAYCARE CENTER:
An institution or place in which are received three (3) or more children, not of common parentage, apart from their parent or guardian, for part or all of a day, but not later than nine o'clock (9:00) P.M. The term "daycare center" includes, but is not limited to, nursery schools, childcare centers, day nurseries, kindergartens, play groups, and adult care centers, but does not include bona fide kindergartens or nursery schools operated by public or private elementary or secondary school systems.
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 section or sections of the incorporated area of the Village for which the regulations and provisions governing the use of buildings and land are uniform for each class of use permitted therein.
DWELLING:
A building or portion thereof, including a house trailer or manufactured 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 houses, 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 on the same lot.
DWELLING GROUP:
Two (2) or more one-family, two-family, or townhouses, 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) to eight (8) attached one-family, party wall dwellings, not more than two and one half (2-1/2) stories in height nor more than two (2) rooms in depth, measured from the building line.
DWELLING, TWO-FAMILY:
A building designed or altered to provide dwelling units for occupancy by two (2) families.
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 be included for each dwelling unit.
EASEMENT:
A specific area of land over which a liberty, privilege, or advantage is granted by the owner to the public, a corporation, or some particular person or part of the public for specific uses and purposes and which shall be designated a "public" or "private" easement, perpetual or for a given term, and exclusive or nonexclusive depending on the nature of the particular grant.
EDUCATIONAL INSTITUTION:
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.
ESTABLISHED GRADE:
The sidewalk line grade at the front lot line as established by the Village Engineer or the average heights of the sidewalks on the lots on both sides.
FAMILY:
One or more persons related by blood, marriage, partnership, or adoption or a group of not more than three (3) persons who need not be related by blood, marriage, or adoption, living together and maintaining a common household, but no unrelated group shall consist of more than three (3) persons as distinguished from a group occupying a boarding house, lodging house or hotel provided such persons maintain a common household and a single housekeeping unit. The term "related by blood, marriage, or adoption" shall be confined to lineal descendants or ascendants of the head of the family and spouse occupying said unit.
FENCE:
A structure serving as an enclosure, barrier, or boundary.
FIREARM:
Any device that will or is designed to or may readily be converted to expel a projectile by the action of an explosive, including the frame or receiver of any such weapon, any firearm muffler, firearm silencer, or any destructive device.
FIREARM STORE:
A retail store that derives its principal income from buying and selling firearms, with or without the sale of ammunitions and/or firearm accessories.
FIRING RANGE, INDOOR:
An indoor facility where firearms are discharged at targets for training or practice purposes and which is designed so that projectiles fired from firearms at targets are prevented (by means of backstops or other barriers) from going beyond the walls of the facility.
FLAG POLE:
A vertical structure single pole or an assembly of components designed to be used for the display of flags.
FLASHING SIGN:
Any sign, exclusive of a changing sign (automatic) on which illumination intermittently flashes on and off, in whole or in part, or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source.
FLOOR AREA, GROSS:
A.   For the purpose of determining floor area ratio: The floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings, measured from the exterior faces of exterior walls or from the centerline of party walls separating two (2) buildings. In particular, gross floor area shall include:
   1.   Basement space if at least one half (1/2) of the basement story is above the established curb or ground level.
   2.   Elevator shafts and stairwells on each floor.
   3.   Floor space used for mechanical equipment where the structural headroom exceeds seven and one half feet (7-1/2'), except equipment, open or enclosed, located on the roof, i.e., bulkheads, water tanks, and cooling towers.
   4.   Attic floor space where the structural headroom exceeds seven and one half feet (7-1/2').
   5.   Interior balconies and mezzanines.
   6.   Enclosed porches, but not terraces and breezeways.
   7.   Accessory buildings.
B.   For the purpose of determining requirements for off street parking and off street loading: The floor area shall mean 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 purposes of measurement for off street parking spaces shall not include floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off street parking or loading facilities, including aisles, ramps, and maneuvering space; or basement floor other than area devoted to retailing activities, or the production or processing of goods, or to business or professional offices.
FLOOR AREA RATIO (FAR):
The total floor area of the building or buildings on the Zoning lot, divided by the area of such Zoning lot, or in the case of a planned development, by the net site area.
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 nearest intersecting streets or between a 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 three (3) 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 (1-1/2) ton 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 resident upon the premises and in which no business, service, or industry connected directly or indirectly with automotive 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 resident 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 one commercial vehicle, and the load capacity of such vehicle shall not exceed one and one half (1-1/2) ton. A garage used by the owner who lives on the property for a home based repair business can be considered a private garage if all other requirements are in compliance.
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 (1-1/2) ton capacity.
GRADE, STREET:
The elevation of the established street in front of the building measured at the center of such front. Where no street grade has been established, the Village Engineer shall establish such street grade or its equivalent for the purpose hereof.
GREEN STRIP:
The front, side, or rear yard is landscaped with grass, shrubs, or trees, but excluding walks and ingress or egress driveways.
GUESTHOUSE:
A structure for human habitation containing one or more rooms with bath and toilet facilities. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.
HOME OCCUPATION:
A.   Any occupation or profession carried on by a member of a family, residing on the premises, in connection with which there is used no sign other than that allowed by the sign regulations for the district in which such home occupation is located; provided that no commodity is sold upon the premises except such as may be produced on the premises by members of the immediate family; provided, that no person is employed other than a member of the immediate family residing on the premises; and provided that no mechanical equipment is used except such as is normally used for domestic, hobby or household purposes.
B.   Home occupation shall include the use of premises by a physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment, but not for the general practice of his profession.
HOSPITAL OR SANATORIUM:
An institution devoted primarily to 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. The term "hospital," as used herein, does not apply to institutions operating solely for the treatment of insane persons, drug addicts, liquor addicts, or other types of cases necessitating restraint of patients, and the term "hospital" shall not be used for convalescent, nursing, shelter or boarding homes.
HOTEL, APARTMENT:
A building containing dwelling units or individual guest rooms, the majority of which are for permanent guests. Maid and janitor service may be provided, but kitchen facilities are not necessarily included.
HOTEL OR MOTEL:
An establishment containing lodging accommodations designed for use by transients, travelers, or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms, and restaurants, but may not include kitchen or cooking facilities.
INSTITUTION:
A building occupied by a nonprofit corporation or a nonprofit establishment for public or semipublic use.
KENNEL, COMMERCIAL:
Any lot or premises or portion thereof on which more than four (4) dogs, cats, and other household domestic animals over four (4) months of age are kept or on which more than two (2) such animals are boarded for compensation or kept for sale.
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.
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. Such space shall not be less than ten feet (10') in width, twenty five feet (25') in length, and fifteen feet (15') in height, exclusive of access aisles and maneuvering space.
LODGING OR ROOMING HOUSE:
A building originally designed for or used as a single-family or two-family dwelling, all or a portion of which contains lodging rooms, which accommodate persons who are not members of the keeper's family. Said building shall not contain more than five (5) guestrooms where lodging is provided for compensation, and said building shall not be open to transients, and not more than one person shall be allowed per room.
LODGING ROOM:
A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one "lodging room" for the purposes hereof.
LOT:
A parcel of land legally described as a distinct portion of 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.
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 the 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.
LOT FRONTAGE:
The front of a lot shall be that boundary of a lot along a public street; for a corner lot, the owner may elect either street line as the front lot line as approved by the Building Official.
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:
A lot line or lot lines most nearly parallel to and most remote from the front lot lines.
LOT LINE, SIDE:
Lot lines other than front or rear lot lines.
LOT OF RECORD:
An area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to statute.
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 or the minimum distance between the side lot lines within the buildable area.
MANUFACTURE:
The making of anything by any agency or process.
MARQUEE:
A roof like structure of a permanent nature, which projects from the wall of a building without ground support, and which overhangs a pedestrian walkway. A marquee may extend into the public right of way but not closer than two feet (2') to the curb line.
MANUFACTURED HOME COMMUNITY:
A tract of land or two (2) or more contiguous tracts of land upon which five (5) or more independent manufactured homes are located for permanent habitation either free of charge or for revenue purposes and shall include any building, structure, vehicle, or enclosure used or intended for use as a part of the equipment of such Manufactured Home Community.
NAMEPLATE:
A sign, which displays only the name and/or address of the occupant, is non electrical and does not exceed one (1) square foot in area.
NONCONFORMING USE:
Any building, structure, or land lawfully occupied by a use or lawfully established at the time of the adoption of the original Zoning Ordinance or amendments thereto, which does not conform after the passage of the ordinance or amendments thereto with the use regulations of the district in which it is situated.
NOXIOUS MATTER:
Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social, or economic well being of human beings.
NURSING HOME:
A building containing facilities for the care and home of aged, chronically ill, infirm, or incurable persons, or a place of rest for those persons suffering bodily disorders, in which three (3) or more persons, not members of the family residing on the premises are received and provided with food, shelter, and care, and which is licensed by the State of Illinois as an extended care facility, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness.
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 measurements in specific octave intervals. (American Standard For Sound Level Meters, A.S.A. No.224.3-1944.)
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 storage of passenger automobiles and commercial vehicles under one and one half (1-1/2) ton 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 or enclosed garage or carport of not less than one hundred sixty two (162) square feet (9 feet x 22 feet), exclusive of access drives, or aisles, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle of not less than eight thousand (8,000) gross pounds.
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.
PERSON WITH DISABILITIES:
A mentally or physically impaired person.
PLANNED DEVELOPMENT:
A tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned developments operated by a municipal corporation which shall be at least two (2) acres in area, and planned manufacturing developments, which shall be at least ten (10) acres in area.
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.
PUBLIC OPEN SPACE:
Any publicly owned open area including, but not limited to, the following: parks, playgrounds, forest preserves, waterways, parkways, and streets.
PUBLIC UTILITY:
Any person, firm, corporation, or municipal department, duly authorized to furnish under public regulation to the public electricity, gas, steam, telephone, transportation, or water.
RESTAURANT:
Any building or part thereof, other than a boarding house, where food or meals are provided for compensation, for consumption on the premises, inside a building, including a cafe, cafeteria, coffee shop, dining room, lunchroom, or tearoom, and including the serving of alcoholic beverages when served with and incidental to the serving of meals.
RESTAURANT, DRIVE IN:
Any land, building, or part thereof, where food or meals are served for compensation to occupants remaining in motor vehicles.
RESTAURANT, FAST FOOD, CARRY OUT:
Any building or part thereof where the principal part of the business is providing food or meals for compensation, in disposable wrappers or containers, for consumption within the principal building or on or off the premises where prepared.
RINGELMANN CHART:
A chart, which is described in the U.S. Bureau of Mines Information Circular 6888, 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 visual density of smoke emission.
SHED:
A detached structure constructed per the applicable Building Code. They are classified as accessory structures. The set back requirements are based on the Zoning District.
SIGN:
Any object, device, display or structure, or part thereof which is used to advertise, identify, display, direct, or attract attention to an object, place, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination or projected images. The term "sign" includes, but is not limited to, every projecting sign, freestanding sign, ground sign, pole sign, window sign, vehicle sign, awning, canopy, marquee, changeable copy sign, illuminated sign, flashing sign, animated sign, a temporary sign, portable sign, pennant, banner, streamer, or any other attention getting device, or other display, whether affixed to or separate from any building.
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 affixed.
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, which such sign is located or to which 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 SURFACE AREA:
The total exposed surface devoted to the sign'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 composed of characters or words attached to a wall and/or window surface shall be the smallest rectangle, which encloses the whole group. In the case of a ground sign with more than one exterior surface containing items of information, the sign surface area shall be computed as including only the maximum single display surface, which is visible from any one ground position.
SIGN, IDENTIFICATION:
A structure, building wall, or other outdoor surface used to display and identify the name of the individual, business, profession, organization, or institution occupying the premises upon which it is located.
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 definition, 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.
SOUND LEVEL METER:
An instrument standardized by the American Standards Association for measurement of the intensity of sound.
STACKING REQUIREMENTS:
The number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments.
STORY:
That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen feet (14') in height shall be considered as an additional story for each fourteen feet (14') or fraction thereof.
STORY, HALF:
A space under a sloping roof having an average clear height of seven feet six inches (7'6") over not more than sixty percent (60%) of the floor area.
STREET:
A public way, other than an alley, which affords a primary means of access to abutting property.
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 which requires location on the ground or is attached to something having location on 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 POOL:
Any temporary or permanent artificial pool or receptacle for water installed, constructed, or maintained in, on, or above the ground, not including those enclosed and located entirely within a dwelling, having a perimeter of more than twenty five feet (25') and a depth of more than two feet (2') at any point. A swimming pool shall be considered an allowable use; provided, however, that a swimming pool use is customarily incident to a dwelling when located on the same lot therewith and designed and used for swimming or bathing in connection with such dwelling solely by the persons living therein or their private guests. No swimming pool can be the only structure on a lot.
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.
TOXIC MATERIALS:
A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.
TRAILER (Manufactured Home):
A vehicle without motive power used or adaptable for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet building code requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "trailer" shall include "camp car" and "house car." A permanent foundation shall not change its character unless the entire structure is erected in accordance with prevailing municipal laws.
TRUCK PARKING AREA YARD:
Any land used or intended to be used for the storage or parking of trucks, trailers, and tractors, including commercial vehicles, while not loading or unloading.
USE:
The purpose for which land or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let or leased.
USE, PRINCIPAL:
The main use of land or buildings as distinguished from a subordinate or accessory use.
VEHICLE, RECREATIONAL:
Any vehicle or trailer propelled or drawn by mechanical power which is designed for recreational activity or short term living accommodation.
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, except as otherwise permitted herein, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the Zoning lot is located.
YARD, FRONT:
A yard extending along the full length of the front lot line between the side lot lines.
YARD, REAR:
The portion of the yard on the same lot with the principal building or use, located between the rear line of the building or use and the rear lot line and extending for the full width of the lot.
YARD, SIDE:
A yard extending along a side lot line from the front yard to the rear yard.
ZONING LOT:
A single tract of land located 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. (1985 Code § 9-1-3; amd. Ord. 92-14, 7-13-1992; Ord. 92-21, 6-8-1992; Ord. 96-14, 10-14-1996; 2016 Code; Ord. 20-08, 3-9-2020; Ord. 21-06, 5-20-2021; Ord. 22-04, 4-11-2022)