5-1-6: DEFINITIONS:
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.   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;
      4.   A nonpaying guesthouse 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 by others as housekeeping units;
      5.   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;
      6.   Swimming pool, private, covered or uncovered, for the use by the occupant and his guests;
      7.   Off-street automobile parking areas, loading and unloading facilities;
      8.   Signs (other than advertising signs) as permitted and regulated in each district incorporated herein;
      9.   Carports.
ACRE: An acre shall consist of 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.
ADULT BOOKSTORE: An establishment having, as a substantial or significant portion of its sales or stock in trade, books, magazines, periodicals or films for rent, sale or for viewing on premises by use of motion picture devices or by coin- operated means, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas; or an establishment with a substantial or significant segment or section devoted to the sale or display of such the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin-operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such materials.
ADULT ENTERTAINMENT CABARET: A public or private establishment which:
   A.   Features topless dancers, strippers, or male or female impersonators; or
   B.   Not infrequently features entertainers who display specified anatomical areas; or
   C.   Features entertainers who by reason of their appearance or conduct perform in a manner prurient interest of the patron; or
   D.   Features entertainers who engage in or are engaged in explicit simulation of specified sexual activities.
ADULT MOTION PICTURE THEATER: A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons herein.
ADULT NOVELTY STORE: An establishment having a substantial or significant portion of its sales or stock in trade consisting of toys, devices, clothing, "novelties", lotions and other items distinguished or characterized by their emphasis on or use for "specified sexual activities" or "specified anatomical areas", or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment's premises, or any other factors showing the establishment's primary purpose is to purvey such material.
ADULT USE: Adult bookstores, adult motion picture theaters, adult entertainment cabarets, adult novelty stores, and other similar uses.
AGRICULTURE: All the processes of planting, growing, harvesting of crops in the open, truck gardens, flower gardens, apiaries, nurseries and greenhouses.
ALTERATION: Any change in size, shape, character, occupancy or use 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 or girders.
ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care, observation or treatment of domestic animals. Boarding of animals is not permitted except for extended medical treatment.
AUTO BODY REPAIR SHOP: Any building, premises, or land where a business is conducted, which provides collision repair services, including body frame or fender straightening or repair, and overall painting of double axle, validly licensed motor vehicles. These services shall not include mechanical repair, maintenance, restoration, or reconstruction, nor the sale, rental, or storage of automobiles, trucks, trailers, or any other type of vehicle.
AUTOMOBILE GAS STATION: Any premises used for retail sale of gasoline, stored only in underground tanks, retail sale of lubricating oil or grease for the operation of automobiles, including sales of minor accessories, and also including a convenience food center/minimart as an incidental use. Automobile gas station shall not include the servicing of motor vehicles, nor the sale or storage of motor vehicles or trailers.
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. Automobile service stations shall not include sale, rent or storage of automobiles or trailers (new or used).
AWNING: A rooflike 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, savings and loan associations, brokerage offices and other similar financial institutions, but not including loan offices, finance companies and pawn shops.
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 the purpose of height measurement.
BEACH: 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.
BEDROOM: Any room 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.
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 that 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 open space 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.
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 sidewalk level, or from its equivalent established grade opposite the middle of the front of the building, to the highest point of the roof for flat roofs, or to the deck line for mansard roofs, or to the mean height between eaves and ridge for gable, hip, and gambrel roofs, or to the highest point of a structure without a roof. When a building is set back from the street line, then the height of the building may be measured from the average elevation of the finished lot grade at the front of that building. When a parapet wall, a penthouse, or any similar structure is located on the roof of a building, the building height shall be measured to the highest point of said structure if any part of its extends above the height as measured pursuant to the first sentence of this definition. Chimneys shall not be considered in determining the height of a building.
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 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 the building is located.
BUILDING PERMIT: A permit by the Building Commissioner of the Village for the construction, alteration, removal or demolition of a building or structure within the Village.
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 line parallel to the street line at a distance from it, regulated by the front yard requirements set up 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, street or other buildings;
   C.   All open spaces allocated to the building;
   D.   Amount of lot area per dwelling unit;
   E.   Required parking areas.
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.
CAR WASH: A building containing facilities for washing motor vehicles using production line methods with mechanical devices, and excluding self-service mechanical devices, and excluding self-service car washes.
CARPORT: A roofed-over area attached and/or detached to the principal building for vehicle storage, which may be open on three (3) sides if attached or four (4) sides if detached.
CELLAR: A story having more than one-half (1/2) of 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 purpose 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 drug store) 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.
COMMONS: Land areas in a planned development, unoccupied by any structure, other than those used for recreation or park purposes and incidental purposes; permanently devoted to park, recreation or open space use by covenants running with the common land, including citizens of the Village or a property owners' association comprised of citizens of the Village as beneficiaries of such covenants, or dedicated for such purposes to a Municipal corporation with authority to so use such land; and, not used or computed under this Code as a building lot, a street or travel way or for parking.
CONFORMING BUILDING or STRUCTURE: Any building or structure which: a) complies with all the regulations of this Title or of any amendment hereof governing bulk of the district in which said building or structure is located; or b) is designed or intended for a permitted use or conditional permitted use, as herein allowed in the district in which it is located.
COURT, OUTER: An open unoccupied space opening onto a street, alley 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 center line shall be considered the "curb level".
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: The area into which the Village has been divided for which uniform regulations governing the use, size and intensity of land and buildings and open space about buildings is established.
DWELLING: A building or portion thereof, but not including house trailer or mobile home designed or used exclusively for residential occupancy, including single-family dwelling units, two-family dwelling units, and multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses.
DWELLING UNIT: A dwelling unit consists of one or more rooms which are arranged, designed or used as living quarters for single-family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included with each dwelling unit.
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, SEMI-DETACHED: A dwelling joined to one other dwelling by a party wall or vertical cavity wall, and above ground physically unifying horizontal structural elements.
DWELLING, SINGLE-FAMILY: A dwelling unit designed exclusively for use and occupancy by one family.
FAMILY: One or more persons related by blood, marriage or adoption, or a group of not more than four (4) persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household but not including sororities, fraternities or other similar organizations.
FLOOD PLAIN: See Chapter 11 of this Title.
FLOOR AREA, GROSS: 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 building or portion thereof devoted to such use, including accessory storage areas located within selling or working space, such as counters, rack 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, HABITABLE: Habitable floor area is comprised of all that area that is heated living area:
   A.   Within the outside perimeter of all walls above grade, excluding the garage; or
   B.   Within the inside perimeter where basement walls are fifty percent (50%) or more in vertical height above grade; or
   C.   Within the inside perimeter of a basement where a minimum of twenty five percent (25%) of that perimeter is at or above grade and has an entry/exit on that wall. This area shall be calculated in determining required habitable area only to that percent that the perimeter is at or above grade (e.g., 75 percent of basement walls at or above grade shall constitute 75 percent of required habitable floor area).
FLOOR AREA RATIO (FAR): The floor area of all buildings and structures on a lot divided by the area of the lot on which they are located. The LC Limited Commercial District (Title 5, Chapter 10A) defines "floor area" and "lot area" for use within that zoning district. For the purposes of determining floor area ratio in residential districts, "floor area" is defined in subsection 5-2-2C, Use And Bulk Regulations, Floor Area Ratio, incorporated herein, and "lot area" is defined in this Section 5-1-6, Definitions.
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, 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. Such a garage shall not be used for more than two (2) commercial vehicles and the load capacity of such vehicle shall not exceed two and one-half (21/2) tons.
GOLF COURSE: Public, semi-public or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least fifty (50) acres for each standard nine (9) hole course and twenty five (25) acres for each nine (9) hole "par 3" course.
GRADE, STREET: The elevation of the established street in front of the building measured at the center of such front and at the center line 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.
GROUND FLOOR AREA: The lot area covered by the principal building measured at grade from the exterior faces of exterior walls but excluding open porches or terraces, garages or carports.
GROSS DENSITY: The ratio between total number of dwelling units on a lot and total lot area in acres.
GUEST HOUSE: Living quarters within a detached accessory building located on the same premises with the principal building for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.
HOME OCCUPATION: See Section 5-2-4 of this Title.
KENNEL, COMMERCIAL: Any lot or premises or portion thereof on which more than three (3) dogs are kept over four (4) months of age, or where more than four (4) cats or other domestic animals are kept, or where any dog or other domestic 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 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 or alleys. Such space shall not be less than ten feet in width, fifty feet in length and fourteen feet in height (10' x 50' x 14'), exclusive of access aisles and maneuvering space.
LOT: A parcel of land legally described as a distinct 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.
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.
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.
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 boundaries or the minimum distances between the side lot lines within the buildable area.
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.
NAME PLATE: 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 hereto 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/GARDEN CENTER: An outdoor business involved primarily in the sale of plants, flowers, shrubbery, and other vegetation, which may include the periodic and seasonal planting and replanting of these types of vegetation pending sale.
OCCUPANCY CERTIFICATE: A certificate issued by the building commissioner 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 244, 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 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 one hundred eighty (180) square feet (9' by 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.
PLAN COMMISSION/BOARD OF APPEALS: The plan commission/board of appeals of the village, as provided for in title 2, chapter 1 of this code.
PLANNED DEVELOPMENT: See chapter 14 of this title.
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.
PUBLIC OPEN SPACE: Any publicly owned open area including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, 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.
PUBLIC WAY: Any sidewalk, street, highway or other public thoroughfare.
RESTAURANT: Any land, building or part thereof where meals are provided for compensation including a cafe, coffee shop, 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.
SANITARY LAND FILL: A method of disposing of solid fill by spreading and covering with earth to a depth of two feet (2') on the top surface and one foot (1') on the sides of the bank.
SETBACK: The minimum horizontal distance between a right of way line and the nearest wall in a building or side of a structure facing such a street line or edge of the area of operation of a principal use when no building or structure is involved.
SIGN: See Title 5, Chapter 20 of this Code.
SMOKE UNITS: The number obtained by multiplying the smoke density in Ringlemann numbers by the time of emission in minutes. For the purpose of this chart, Ringlemann 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 intensity of sound.
SPECIFIED ANATOMICAL AREAS: For the purpose of defining adult uses, specified anatomical areas means:
   A.   Less than completely and opaquely covered human genitals, pubic region, buttock, or female breasts below a point immediately above the top of the areola; and/or
   B.   Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: For the purpose of defining adult uses, specified sexual activities means:
   A.   Human genitals in the state of sexual stimulation or arousal;
   B.   Acts of human masturbation, sexual intercourse or sodomy; and/or
   C.   Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
STABLE: A building where horses are raised or kept for hire or boarded for remuneration.
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 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: 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. In the case of the single-family dwellings, two-family dwellings and multiple-family dwellings less than three (3) stories in height, a half-story in a sloping room shall not be counted as a story.
STREET (Avenue, Place, Road, Lane Or Highway): A public way which affords a primary 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.
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.
STRUCTURAL ALTERATIONS: See definition of Alteration, Structural.
SWIMMING CLUB, PRIVATE (Commercial): A private club operated for profit, maintaining and operating a swimming pool 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 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.
TELECOMMUNICATIONS FACILITIES: The plant, equipment and property including, but not limited to, cables, wires, conduits, ducts, pedestals, towers, antennas, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.
TERRACE OR PATIO: An open paved area designed as access to a building entrance or an open outdoor living space. Such construction may be level with the surrounding grade or not more than three feet (3') above such grade.
TOXIC MATERIALS: A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.
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 PERMITTED: A use that has operational, physical and other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that complements or is otherwise compatible with intended overall developments within a district. Compliance with special standards not necessarily applicable to other permitted or special permitted uses in the district shall be required for a special permitted use, as herein regulated in this Title.
VARIANCE: A relaxation of the terms of this zoning title where such variance 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 these regulations would result in unnecessary and undue hardship. As used in this title, a variance 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 variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
VILLAGE: The village of Kildeer, Lake County, 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 or width specified in the yard regulations for the zoning district in which the zoning lot is located.
YARD, FRONT: A yard extending along the full length of the front lot line between side lot lines.
YARD, REAR: A yard extending along the full length of the rear lot line between side lot lines.
YARD, SIDE: A yard extending along a side lot line from the front yard to the rear yard.
YARD, SIDE CORNER: A side yard which adjoins a public street.
ZONING ADMINISTRATOR: The zoning administrator appointed by the village president and board of trustees and such deputies or assistants as have been or shall be duly appointed. That officer is hereby authorized and it is his duty to administer and enforce the provisions of this title, making such determinations, interpretations and orders as are necessary thereof and requiring such plats, plans and other descriptive material in connection with applications for permits as are necessary for him to judge compliance with this title.
ZONING BOARD: See definition of Plan Commission/Board Of Appeals.
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. 76-O-227, 12-2-1976; amd. Ord. 82-O-339, 2-1-1982; Ord. 84-O-385, 5-4-1984; Ord. 90-O-541, 6-5-1990; Ord. 90-O-544, 8-6-1990; Ord. 90-O-560, 12-3-1990; Ord. 91-O-596, 11-4-1991; Ord. 93-O-648, 9-7-1993; Ord. 95-O-681, 1-4-1995; Ord. 95-O-701, 8-7-1995; Ord. 97-O-742, 3-6-1997; Ord. 97-O-754, 9-2-1997; Ord. 02-O-855, 10-7-2002; Ord. 04-O-894, 3-1-2004; Ord. 05-O-942, 11-7-2005)