For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE OR USE. A structure or use on the same lot with and of a nature customarily incidental and subordinate in area, extent or purpose to, the principal structure or principal use.
ADMINISTRATIVE OFFICIAL. The Administrative Official designated by ordinance of the village to administer and enforce this chapter.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT. A cannabis cultivation center, craft grower, infusing organization, processing organization, dispensing organization, transporting organization, or any other form or type of business classified as a “Cannabis Business Establishment” in the Illinois Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as may be amended from time to time.
ALLEY. A public right-of-way, not over 20 feet wide, which affords a secondary means of access to abutting properties.
AMBIENT SOUND. The all-encompassing sound at a given location, usually a composite of sounds from many sources near and far. For the purpose of this subsection, the “ambient sound level” shall mean the quietest of ten 10-second average sound levels measured when there are no nearby or distinctly audible sound sources (such as, dogs or jets). Daytime ambient measurements should be made during mid-morning weekday hours, while nighttime measurements should be made after midnight.
ARTISAN AND MAKER SPACE. A workspace or shop where communal or individual space is used for hobbyists, artisans and makers. Such spaces may include, wood and metal working tools, digital media, laser cutters, 3-D printers, electronics, robotics, etc. The use may also include gallery and exhibition space with a retail component.
AUTOMOBILE GALLERIA. A business for the indoor and outdoor display and retail sales of automobiles and automobile-related art, furniture and memorabilia; including fully enclosed space for display and sales not exceeding 10,000 square feet nor combined enclosed and outdoor display and sales area exceeding 12,500 square feet. Operation of facilities accommodating minor service to, and washing of, and installation of accessories on automobiles is permitted if the facilities are enclosed in a building; provided, however, that the washing or polishing of motor vehicles by any automated, mechanized or other production line method are each prohibited.
BAKERY. A retail establishment whose principal business is the service and sale of baked goods, pastries, cakes and a limited selection of food items incidental thereto.
BASEMENT. The portion of a building included between the surface of the lowest floor and the surface of the floor next above, any substantial part of which is located below the adjoining grade.
BAY WINDOW. A window or windows cantilevered from the exterior wall of a building above grade or resting on a building foundation and which extends from the primary exterior plane of the exterior wall and forms space with an horizontal area within the building.
BLADE. The portion of a WES that is designed to capture the wind, causing the shaft to turn.
BLADE TIP. The farthest extremes of a blade.
BOUTIQUE HOTEL. A hotel in which lodging is offered to transient guests with more upscale accommodations, and provides a common entrance, lobby, halls, and stairways. These types of hotels are not part of a chain, and they offer a more unique experience with many types of rooms, such as living rooms, social rooms, and luxury environments.
BLUFF. Any natural land area that has a drop in elevation from the top bluff edge equal to or greater than two feet vertical for every ten feet horizontal, and that is located between the high water mark at the edge of Lake Michigan and the top bluff edge.
BREW PUB. A full-service restaurant where beer is brewed or manufactured on the premises, with the primary distribution being in the full-service restaurant. The use may also include the sale of beer brewed or manufactured on-premises.
BUILDING. Any structure that provides shelter, including any covered porch, deck or balcony, or similar structure with a permanent roof; provided, however, that any porte cochere shall not be considered a BUILDING for the purposes of maximum building size or building coverage.
BUILDING HEIGHT. The vertical distance measured from the curb level to the highest point of all roof surfaces, excluding any ornamentation. For buildings set back from the street line, the height may be measured from the mean elevation of the lot grade along the front of the building (without regard to alterations of natural grade). Where this chapter specifies the maximum height of a building measured alternatively in feet or number of stories, the maximum building height shall be the lesser of the two specified alternatives.
BUILDING-MOUNTED WIND ENERGY SYSTEMS (BWES). Wind Energy Systems that are structurally attached either onto the roof of or to the side of a building.
CANDY STORE. A retail establishment whose principal business is the service and sale of candy, confections and a limited selection of food items incidental thereto.
COFFEE SHOP. A retail establishment whose principal business is the service and sale of coffees, teas and a limited selection of food items incidental thereto.
COVERED ENTRY. An unenclosed entrance area adjacent to an exterior door to a single-family dwelling, with the perimeter determined by the outline of any roof.
CRAFT BREWERY/DISTILLERY/MEADERY/ WINERY. A commercial facility at which fermented beverages are produced on-site, with or without an accessory tasting shop.
CURB LEVEL. The mean level of the established curb in front of a building.
DAYTIME HOURS. The hours of the day from 7:00 a.m. to 10:00 p.m.
DECIBEL (DB). The unit of sound level based on a reference where 0 dB represents the threshold of hearing at 1000 Hz for a healthy young adult.
DRIVEWAY. A private access way that provides direct vehicular access from a street or alley to one or more lots or principal buildings or uses.
DWELLING, MULTIPLE-FAMILY. A building, or portion thereof, containing two or more dwelling units designed for occupancy of two or more families, each living independently of the other family or families.
DWELLING, SINGLE-FAMILY. A detached residential dwelling unit, other than a mobile home, designed for occupancy by one family only.
DWELLING, SINGLE-FAMILY ATTACHED. A dwelling unit located in a single building on a single lot containing not more than two dwelling units attached by an unpierced vertical party wall extending from the basement to the roof of the structure and oriented so that all exits open to the outside.
DWELLING UNIT. A group of connected rooms constituting a separate independent housekeeping establishment for a single family, physically separated from any other dwelling unit in the same building and containing independent cooking and sleeping facilities.
FAA. The Federal Aviation Administration of the United States Department of Transportation, or the successor to its responsibilities.
FALL-OUT AND BLAST SHELTER. An accessory building or structure wholly underground, or within or attached to any permitted principal or accessory building or structure with direct access therefrom, in which the fundamentals for fall-out or atomic blast protection designed with shielding mass, ventilation and space to live, are incorporated, and which is constructed of the materials and in a manner as to afford substantial protection to occupants from atomic blast or radioactive fall-out.
FAMILY. One person or two or more persons, each related to the other by blood, legal adoption or marriage, and not more than one individual not so related who is a permanent guest, companion or attendant of the person or persons, living together as a single housekeeping unit (in the principal structure or in the principal structure together with accessory structures), together with full-time domestic employees of those person or persons. A FAMILY does not include roomers or boarders or domestic employees who are part-time employees of others or relatives or guests of domestic employees.
FCC. The Federal Communications Commission of the United States, or the successor to its responsibilities.
FLOOR AREA.
(1) For single-family dwellings constructed or structurally altered prior to June 22, 1990 and any other building, except single-family dwellings, regardless of the date of construction, the sum of the gross horizontal areas, measured in square feet, without deduction for hallways, stairwells, closets, walls, spaces and shafts for mechanical, electrical or plumbing equipment, atria and similar spaces, of:
(a) The floors of all stories of a building (other than half stories above the first story), measured at floor level from the exterior face of exterior walls or roofs;
(b) Enclosed or covered porches, decks and balconies;
(c) The portion of any half story that constitutes the second story of a building (other than an accessory structure) in which the vertical distance from the finished floor of the second story to the bottom edge of the roof rafters, dormer rafters, dormer rafters or ceiling joists above the finished floor equals or exceeds five feet; and
(d) The portion of the basement of any building that is designed and constructed primarily for, or is used primarily for, the storage or parking of automobiles.
(2) FLOOR AREA shall exclude the following areas in a single-family dwelling where the dwelling and the feature listed below both existed prior to June 22, 1990, up to a maximum of 10% of the maximum floor area otherwise allowed for the dwelling:
(a) Bay windows;
(b) Open porches; and
(c) Covered entries.
(3) For single-family dwellings constructed or structurally altered on and after June 22, 1990, the sum of the gross horizontal areas, measured in square feet, without deduction for hallways, stairwells, closets, walls, spaces and shafts for mechanical, electrical or plumbing equipment, atria and similar spaces, of:
(a) The floors of all stories of a building (other than half stories above the first story), measured at floor level from the exterior face of exterior walls or roofs;
(b) Enclosed or covered porches, decks and balconies;
(c) The portion of any half story that constitutes the second story of a building (other than an accessory structure) in which the vertical distance from the finished floor of the second story to the bottom edge of the roof rafters, dormer rafters, dormer rafters or ceiling joists above the finished floor equals or exceeds five feet; and
(d) The portion of the basement of any building that is designed and constructed primarily for, or is used primarily for, the storage or parking of automobiles.
FRONTAGE. All the property fronting on one side of a street, measured along the street, between an intersecting or intercepting street and another intersecting or intercepting street, a right-of-way in excess of 30 feet, an end of a dead-end street, a watercourse or a village boundary.
GARAGE, PRIVATE. A building constructed either as a part of the principal building or detached therefrom which:
(1) Has a capacity of not more than the larger of three passenger automobiles or a number of passenger automobiles equal to the largest whole number (disregarding fractions) determined by dividing the total number of square feet of the lot on which the garage is located by 3,500;
(2) Is intended primarily for and used primarily for storage of the passenger automobiles and other property of the family resident upon the premises; and
(3) Is not used for maintenance or repairing for remuneration of any property of any kind.
GARAGE, PUBLIC. A building other than a private garage used for equipping, repairing, hiring or storing motor driven vehicles, including collision service such as body, frame and fender repairing of those vehicles.
HARD SURFACE. A concrete, asphalt or macadam or comparable all-weather dustless material surfaced area having a depth thickness of not less than four inches.
HEIGHT. When used in reference to a WES, HEIGHT shall mean the vertical distance measured from grade to the highest point of the WES, including the top of the extended blade. This definition of HEIGHT shall not apply to any other structure governed by this chapter.
HOME OCCUPATION. Any combination of any one or more of the following:
(1) Any gainful activity (including, without limitation any activity from which any of the persons who own or reside in the dwelling unit or its premises derive any direct or indirect benefit in the form of money, property or services) carried on at or from a dwelling unit or any accessory structure by one who resides in the dwelling unit, provided that, in connection with the conduct of the activity:
(a) No stock-in-trade or other commodity is displayed or sold on the premises and all storage, repairs, processing or manufacturing of any stock-in-trade or other commodity is undertaken inside a closed building;
(b) No person is employed or otherwise engaged on the premises in the activity other than a member of the immediate family residing on the premises;
(c) The premises is not occupied, used or enjoyed at any one time (excepting temporary and occasional uses for charitable and fund-raising purposes) by more than ten persons who are not members of the immediate family residing on the premises;
(d) No equipment is used except the equipment as is customarily used for domestic or household purposes; and
(e) No hazardous materials (as hereinafter defined) are used on the premises in connection with the activity, except the materials, and only in those quantities, as are customarily used for domestic or household purposes.
(2) Any other use of limited duration that the Administrative Official may permit in any specific case, but only for the period of time stated in the permit, upon approval thereof by the Board of Trustees (with conditions as the Board of Trustees may deem advisable) at the request of a person who owns or resides in the dwelling unit. For purposes of this definition, HAZARDOUS MATERIALS means any substance that is toxic, corrosive, flammable, explosive, radioactive, infectious, carcinogenic or mutagenic, or otherwise hazardous or which contain petroleum hydrocarbons, polychlorinated biphenols, mercury or lead, or which are intended for use as a pesticide or herbicide.
HORIZONTAL AXIS WIND TURBINE (HAWT). A turbine for which the main rotor shaft is arranged horizontally, and typically for which the main rotor shaft and generator are located at the top of the tower on which the WES is mounted and pointed into the wind in order to generate electricity.
ICE CREAM SHOP. A retail establishment whose principal business is the service and sale of ice cream, frozen novelty desserts, frozen confectionary items and a limited selection of food items incidental thereto.
IMPERVIOUS SURFACE. Any improvements on a lot, including but not limited to, buildings, driveways, sidewalks, patios, decks and similar structures, pavements of any kind, and other structures and materials, that, in the determination of the Administrative Official, prohibit or substantially retard the drainage of stormwater directly into the soil below.
LOT. A parcel of land occupied by or intended for occupancy by one principal building or principal use, together with any accessory buildings and the open spaces as are required by this chapter, as a unit and having frontage on a street or an approved private roadway. A LOT may or may not coincide with a lot of record.
LOT AREA. The gross area, measured in square feet, of a horizontal plane bounded by the front, side and rear lot lines of the lot, but excluding (i) any area occupied by the waters of Lake Michigan and (ii) any area between the water line of Lake Michigan and the toe of the bluff line. For purposes of § 153.053, LOT AREA shall not include any area of a lot subject to a recorded easement, covenant, reservation or other encumbrance for ingress to and egress from any adjacent separate lot not abutting a public way.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT LINES. The lines bounding a lot as defined herein.
LOT LINE, FRONT. The boundary of a lot along a public street or approved private roadway; provided that in the case of a through lot existing as of April 10, 2006, the FRONT LOT LINE existing as of that date shall be the only FRONT LOT LINE; and provided further that in the case of a corner lot the FRONT LOT LINE shall be the shorter lot boundary along a street or approved private roadway.
LOT LINE, REAR.
(1) In the case of lots that are generally rectangular or trapezoidal in shape, the lot line that is most distant from and most parallel to the front lot line; or
(2) In the case of all other lots, either:
(a) Those lot lines that serve as all or part of the REAR LOT LINE for more than one contiguous lot; or
(b) Where no lot line serves as all or part of the rear lot line for more than one contiguous lot, an imaginary line 20 feet in length, entirely within the lot and parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front or rear lot line.
LOT OF RECORD. An area of land designated as a lot on a plat of subdivision recorded in the office of the County Recorder or registered in the office of the County Registrar of Titles.
LOT, THROUGH. A lot having lot lines on two non-intersecting streets or on substantially parallel sections of two intersecting streets.
LOT WIDTH. The shortest distance between side lot lines measured by a line passing between the two points at which the required front yard line intersects the side lot lines; provided, however, that where a lot does not have two side lot lines intersecting the front lot line, a rear yard line that intersects the front lot line shall be used in place of a side lot line.
LOW-FREQUENCY SOUND. Sound with frequencies below 100 Hz, including audible sound and sound at a frequency below that of human hearing (for example, infrasound).
NACELLE. That part of a turbine containing the shaft, gear box and generator.
NAMEPLATE WATTAGE. The amount of energy produced from a WES at maximum or optimum wind speeds within one hour, as indicated by the manufacturer.
NIGHTTIME HOURS. The time between 10:00 p.m. on one calendar day and 7:00 a.m. on the next calendar day.
NONPARTICIPATING PROPERTY. A property that is not owned by the owner of the property on which the WES is proposed or installed.
NON-RESIDENTIAL DISTRICTS. “B” Business District, “S” School District, the “P” Park and Playground District, the “M-1” Mahoney Park District, the “M-2” Municipal Lands District, and the “R” Railroad Right of Way, Parkway and Automobile Parking District.
OPERABLE CONDITION. For any WES, the condition of being capable of operating at full capacity while meeting all sound, shadow flicker and other applicable conditions set forth in this chapter.
PARKING, TANDEM. The arrangement of not more than two parking spaces in depth, wherein one space is located directly in front of another space, so that it is necessary to pass through one space in order to enter or leave the other space.
PLANNED UNIT DEVELOPMENT. A development guided by a total integrated design plan in which one or more of the regulations set forth in this chapter may be waived or varied to allow flexibility and creativity in site and building design and location in the B Business Zoning District, in accordance with the procedures and standards found in § 153.246.
PORCH, OPEN. A one-story covered area attached to the exterior wall of a single-family dwelling, and that:
(1) Is either enclosed with screens or unscreened, and open to the air on at least one side; and
(2) Has no heating, ventilating or air conditioning system.
PORTE COCHERE. A one-story covered and unenclosed structure extending from the entrance of a building over an adjacent driveway to shelter those getting in or out of vehicles.
PRINCIPAL BUILDING SETBACK LINE. In Districts R-1, R-2, R-3 and R-4, the minimum horizontal distance between the front or side of a building and the front lot line or the side lot line abutting a street of the lot on which the building is located, disregarding the structures and other things which by § 153.033 are permitted as obstructions in the front yard or side yard, as the case may be, and further disregarding any portion of the building that is a covered, unscreened and unenclosed porch not exceeding one story in height.
REAR BUILDING LINE. For lots abutting lake Michigan, the longest horizontal distance between the real of a principal building and the front lot line of the lot on which the principal building is located.
RESTAURANT, FULL SERVICE. A public eating place whose principal business is the sale and service of food or beverages for consumption on the premises. This shall not include a limited service restaurant as defined in this section. Only incidental sales of food or beverages for off-premises consumption are permitted in conjunction with the operation of a FULL SERVICE RESTAURANT.
RESTAURANT, LIMITED SERVICE. A public eating place whose principal business is the sale of food or beverages where the majority of the food sold is prepared in advance at a location other than the same place and for immediate consumption on the premises. Sales of food or beverages for off-premises consumption are permitted in conjunction with the operation of these establishments.
SCHOOL. A place of pre-school or elementary instruction operated on a non-profit basis.
SETBACK LINE. The minimum horizontal distance between the front or side of a building and the front or nearer side lot line of the lot on which the building is located, disregarding the structures and other things which by § 153.033(A), (B) and (C) are permitted as obstructions in the front yard or side yard, as the case may be.
SHADOW FLICKER. The on-and-off strobe light effect caused by the shadow of moving blades cast by the sun upon a turbine's blades.
SHADOW FLICKER INTENSITY. The difference or variation in brightness at a given location in the presence and absence of a shadow.
SIGHT TRIANGLE. The triangular area located at the corner of a corner lot as defined in § 153.075(A), to be referred to as a CORNER SIGHT TRIANGLE, or the triangular area at the intersection of a driveway and a front lot line, as defined in § 153.075(B), to be referred to as DRIVEWAY SIGHT TRIANGLE.
SILHOUETTE. The area covered by moving blades of a WES turbine, as viewed from the front elevation, described in square feet.
SMALL WIND ENERGY SYSTEMS (SWES). Free-standing, tower-mounted wind energy systems.
SOUND LEVEL. The A-weighted sound level in decibels (dB) (or the C-weighted level, if specified).
STORY. The portion of a building (other than a basement) included between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between the floor and the ceiling next above.
STORY, HALF. A story that has:
(1) Top wall plates which, on at least two opposite exterior walls, are not more than two feet above the finished floor of the story;
(2) A roof line at or above each the exterior wall plate that shall not be punctuated by dormers or similar structural features of an aggregate dimension exceeding one-half of the length of the exterior wall; and
(3) A roof that;
(a) Is a gable, hip or gambrel roof;
(b) Is not a mansard roof;
(c) Has a maximum slope of 16 units vertical in 12 units horizontal (16:12); and
(d) Does not have more than 25% of the exterior roof surface at a slope of less than three units vertical in 12 units horizontal (3:12).
STREET. A public right-of-way more than 20 feet wide which affords a primary means of access to abutting property.
STRUCTURAL ALTERATION. Any change, other than incidental repair, which would prolong the life of, replace or add a supporting member of a building, such as a bearing wall, column, beam or girder, or any substantial change in the roof or exterior walls.
STRUCTURAL ENGINEER. An engineer who is licensed and registered to practice structural engineering in the state under the Illinois Structural Engineering Act and whose principal professional practice is in the field of structural engineering.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
SUBSTANTIAL ALTERATION. The demolition, removal or addition of 50% or more of:
(1) The floor area of any building or buildings on the same lot in any district zoned R-1, R-2, R-3, R-4 or B; or
(2) The structural elements of the walls or facade of a building or buildings on the same lot facing a street in any district zoned R-1, R-2, R-3, R-4 or B.
SUN GLINT. The reflection of sunlight off of a surface of the turbine, tower, or other component of a WES.
SWIMMING POOL, PRIVATE. An accessory structure consisting of a receptacle for water having a depth at any point of more than 18 inches, and a capacity of more than 2,500 gallons, used or intended to be used for swimming, wading or bathing, and constructed, installed or maintained either temporarily or permanently, and whether portable or in a fixed location, in or above ground and outside of a single- family dwelling, and which receptacle is used exclusively by the owner or occupant of the property on which it is located, his or her family and guests.
TOE OF THE BLUFF LINE. The line drawn between the side lot lines of a lot as follows: (i) where there is a sea wall at the base of the bluff, the line along the base of the sea wall closest to Lake Michigan, or (ii) where there is no sea wall, the line along the points at which the bluff meets the beach, which line is extended to the side lot lines, or (iii) where there is no sea wall and no beach, the edge of the waters of Lake Michigan.
TOP BLUFF EDGE. The curvilinear line connecting the points of a bluff where the previously unimproved and undisturbed land surface first begins to drop in elevation at a rate equal to or greater than two feet vertical for every ten feet horizontal.
TOWER. The structure on which a turbine is mounted, which structure is a component of a WES.
TURBINE. The blades, nacelle and tail of a WES.
USE. The USE of property is the purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained.
USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use.
VERTICAL AXIS WIND TURBINE (VAWT). A turbine of which the main rotor shaft is arranged vertically and that does not need to be pointed into the wind in order to generate electricity.
VILLAGE. The Village of Kenilworth, Cook County, Illinois.
WIND ENERGY SYSTEM (WES). A wind energy production, conversion and distribution system consisting of a wind turbine, tower or other structure on which the turbine is mounted, and associated electronic, electric, or other mechanical equipment; provided, however, that such WES shall be limited to building-mounted wind energy systems and small wind energy systems.
YARD. An open space on a lot which is unoccupied and unobstructed from the ground to the sky except obstructions permitted by this chapter, including those permitted by § 153.033.
YARD, FRONT. A yard on the same lot with a principal building between the front of the building and the front lot line extending along the full length of the front lot line between the side lot lines.
YARD REAR. A yard on the same lot with a principal building between the rear lot line and the portion of rear of the building which is closest to the rear lot line extending along the full length of the rear lot line between the side lot lines.
YARD, SIDE. A yard on the same lot with a principal building between the side of the building and the nearer side lot line extending along the side lot line from the front yard to the rear yard.
YARD, TYPICAL PLOT PLAN. The following typical plot plan is illustrative of the foregoing definitions of yards.
(Ord. 577, passed 4-14-1969; Ord. 946, passed 10-11-2005; Ord. 948, passed 2-13-2006; Ord. 969, passed 12-11-2006; Ord. 976, passed 4-9-2007; Ord. 987, passed 10-9-2007; Ord. 1004, passed 9-8-2008; Ord. 1018, passed 6-22-2009; Ord. 1024, passed 8-10-2009; Ord. 1057, passed 2-22-2011; Ord. 1082, passed 5-21- 2012; Ord. 1177, passed 10-17-2016; Ord. 1270, passed 10-26-2020; Ord. 1318, passed 10-24- 2022; Ord. 1340, passed 10-23-20 23)