The words and terms, set forth hereunder wherever they occur in this chapter, shall be interpreted as herein defined.
ABANDONMENT. An action to give up one's rights or interests in property.
ABUTS, ABUTTING. To have a common property line or district line.
ACCESSORY BUILDING OR USE.
(1) An ACCESSORY BUILDING or USE is 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; and/or
(c) Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served.
(2) An ACCESSORY USE includes but is not limited to the following:
(a) A children's playhouse, garden house and private greenhouse;
(b) A garage, shed or building for domestic storage;
(c) 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;
(d) Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations;
(e) Incinerators incidental to residential use;
(f) Nonpaying guest house or rooms for guests within an ACCESSORY BUILDING, provided such facilities are used for the occasional housing of guests of the occupant of the principal building and not for permanent occupancy by others as housekeeping units;
(g) 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;
(h) Swimming pool, private, for use by the occupant and his or her guests;
(i) Off-street motor car parking areas; and loading and unloading facilities;
(j) Signs (other than advertising signs) as permitted and regulated in each district incorporated in this chapter;
(k) Carports; and
(l) Public utilities-telephone, electric, gas, water and sewer lines, their supports and incidental equipment.
ACREAGE. Any tract or parcel of land which has not heretofore been subdivided or platted.
ADJACENT. To lie near or close to, in the neighborhood or vicinity of.
ADJOINING. Touching or contiguous, as distinguished from lying near.
AGRICULTURE. Land, or land and structures, the principal uses of which are the growing of farm or truck garden crops and one or more of the following: dairying, pasturage, horticulture, floriculture, viticulture and animal and poultry husbandry, and accessory uses customarily incidental to agricultural activities, including farm dwellings.
AIRPORT, HELIPORT. Any area of land or water which is used or intended for the landing and take-off of aircraft, together with all structures, tie-down, storage and parking located thereon.
ALLEY. A right-of-way which affords a secondary means of vehicular access to abutting properties.
ALTERATION. A change in size, shape, occupancy or use of structures.
ANIMAL HOSPITAL. A structure or portion thereof designed or used for the care, observation or treatment of domestic animals.
APARTMENT. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen, bath and toilet facilities permanently installed must always be included for each APARTMENT.
AUDITORIUM. A room, hall or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people as an audience to hear lectures, plays and other presentations.
AUTO LAUNDRY–SELF SERVICE. A structure where water and cleaning facilities are provided for customers to wash their own vehicles; passenger cars and trucks of not more than one and one-half tons capacity are permitted.
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 to be displayed and sold on the premises.
AUTOMOBILE LAUNDRY. A building or portion thereof, where automobiles are washed with the use of mechanical devices.
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 automobile repair, including any operation specified under AUTOMOBILE REPAIR, MAJOR.
AUTOMOBILE SERVICE STATION. A place where gasoline, stored only in underground tanks, diesel fuel, kerosene, lubrication oil or grease for operation of automobiles are offered for sale directly to the public, on the premises and including minor accessories and servicing of automobiles; but not including major automobile repairs; and including washing of automobiles where no 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, trailers, trailer sales or rental (new or used).
AWNING. A roof-like mechanism retractable in operation, which projects from the wall of a building.
BASEMENT (CELLAR). A story partly or wholly underground. Where more than one-half 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. Any structure or portion thereof upon which a sign or advertisement is used as an outdoor display. This definition does not include bulletin boards used to announce church services or to display court or other public office notices, or signs offering the sale or lease of the premises on which the sign is located.
BLOCK. A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities.
BOARDING HOUSE. A residential building or portion thereof other than a motel, apartment hotel containing lodging rooms for accommodation of three or more persons who are not members of the keeper's family, and where lodging and meals or both are provided by prearrangement and for definite periods.
BUILDING. Any covered structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.
BUILDING, ACCESSORY. See ACCESSORY BUILDING or USE.
BUILDING AREA. The space remaining on a zoning lot after the minimum open space requirements of this chapter have been complied with.
BUILDING, COVERAGE. The area of a zoning lot occupied by buildings and structures including accessory buildings.
BUILDING, DETACHED. A building surrounded by open space on the same zoning lot.
BUILDING, HEIGHT OF. The vertical distance from grade to the highest point of the coping for a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. Chimneys, towers, spires, elevator penthouses, cooling towers and similar projections other than signs shall not be included in calculating building height.
BUILDING LINE. The line nearest the front of and across a zoning lot, establishing the minimum open space to provide between the front line of a building or structure and the street right-of-way line.
BUILDING, PRINCIPAL. A nonaccessory building in which is conducted the principal use of the lot.
BULK. The term used to indicate the size and setbacks of buildings or structures and location of the same with respect to one another and including the following:
(1) Size and height of buildings;
(2) Locations of exterior walls at all levels in relation to lot lines, streets or other buildings;
(3) Gross floor area of buildings in relation to lot area (floor area ratio);
(4) All open spaces allocated to the buildings;
(5) Amount of lot area per dwelling unit; and
(6) Required parking area.
BUS LOT. Any lot or land area used for the storage or layover of passenger buses or motor coaches, including school buses.
CLINIC, MEDICAL or DENTAL. A medical center or medical clinic is an establishment where three or more licensed physicians, surgeons or dentists engage in the practice of medicine or dentistry, operating on a group or individual basis with pooled facilities, such as coordinated laboratory, X-ray and allied departments, and the diagnosis and treatment of humans, which need not but may include a drug prescription center (not a drug store) for the dispensing of drugs and pharmaceutical products to the patients of the physicians, surgeons and dentists.
CLOSED CUP FLASH POINT or SIMILAR TEST TYPE. The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will propagate a flame. The Tag closed cup tester shall be authoritative for liquids having a flash point below 175°F. The Pensky-Martens testers shall be authoritative for liquids having flash points between 175°F and 300°F.
CLUB OR LODGE, PRIVATE. A nonprofit association of persons who are bona fide members and whose facilities are restricted to members and their guests. Food and alcoholic beverages may be served on its premises, provided they are secondary and incidental to the principal use.
CONDITIONAL USES. See USE, CONDITIONAL.
CONFORMING STRUCTURE. A structure which:
(1) Complies with all the regulations of this chapter or of any amendment thereto governing bulk of the district in which the structure is located; or
(2) Is designed or intended for a permitted or special permitted use as allowed in the district in which it is located.
CONTIGUOUS. In actual contact.
CONVALESCENT HOME. Nursing home.
COURT. An open unoccupied space other than a yard on the same lot with a building or group of buildings and which is bounded on three or more sides by such building or buildings.
DECIBEL. A unit of measurement of the intensity of loudness of sound. Sound level meters employed to measure the intensity of sound are calibrated in decibels. A decibel is technically defined as 20 times the logarithm to the base ten of the ratio of the sound pressure in microbars to a reference pressure of 0.0002 microbar.
DISPLACEMENT (EARTH). The amplitude or intensity of an earthborn vibration measured in inches. The displacement is one-half the total earth movement.
DISTRICT. A section or part of the unincorporated portion of the village wherein this chapter is in force, within which uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DRIVE-IN RESTAURANT. An establishment or part thereof, the principal use of which is to provide facilities for serving or consuming commodities which are purchased by customers waiting in automobiles for consumption off the premises.
DWELLING. A building or portion thereof designed or used exclusively for residential purposes, including single-family, two-family and multiple-family dwellings, but not including mobile homes or other trailers or lodging rooms in hotels, motels or lodging houses.
DWELLING, ATTACHED. A dwelling joined to other dwellings by party walls or vertical cavity walls, and above ground physically unifying horizontal structural elements.
DWELLING, DETACHED. A dwelling which is surrounded on all sides by open space on the same lot.
DWELLING, EFFICIENCY UNIT. A dwelling unit consisting of one principal room, but which shall include a bathroom, kitchen, hallway, closets or dining alcove directly off the principal room.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof containing three or more dwelling units.
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 containing one dwelling unit in a detached building unless otherwise specified.
DWELLING, TWO-FAMILY DETACHED. A dwelling containing two dwelling units.
DWELLING UNIT. One or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete single kitchen facilities permanently installed to serve the entire family, shall always be included within each dwelling unit.
EARTHBORN VIBRATION. A cyclic movement of the earth due to the propagation of mechanical energy.
ELECTRICAL DISTRIBUTION CENTER. A terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.
EQUIVALENT OPACITY. The shade on the Ringelmann Chart that most closely corresponds to the density of smoke other than black or gray.
ESTABLISHMENT BUSINESS. A structure or lot used in whole or in part as a place of business, the ownership or management of which is separate and distinct from the ownership or management of any other place of business located on the same or other lot.
FAMILY. One person or two or more persons each related to the other by blood, marriage or legal adoption (together with their domestic servants) or a group of not more than four persons not so related, maintaining a common household in a dwelling unit. A FAMILY may include, in addition thereto, not more than two roomers, boarders or permanent guests, whether or not gratuitous.
FENCE. A structure, tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement.
FLOODPLAIN AREA. That continuous area adjacent to a stream or stream bed or any stormwater retention area and its tributaries, whose elevation is equal to or lower than the intermediate regional flood elevation for areas of the village as determined in South Branch Kishwaukee River Flood Plain Information prepared by the U.S. Army Corps of Engineers, Rock Island District in 1971.
FLOOR AREA–FOR DETERMINING FLOOR AREA RATIO. The sum of the gross horizontal areas of the several floors including also the basement floor of a building measured from the exterior faces of the exterior walls or from the centerlines of walls separating two buildings.
(1) The FLOOR AREA shall also include the horizontal areas on each floor devoted to: elevator shafts and stairwells; mechanical equipment, except if located on the roof when either open or closed, i.e. bulkheads, water tanks and cooling towers; habitable attic space; interior balconies and mezzanines; enclosed porches; and accessory uses.
(2) The FLOOR AREA of structures used for bulk storage of materials, i.e., grain elevators and petroleum tanks, shall also be included in the FLOOR AREA, and such floor area shall be determined on the basis of the height of such structures, with one floor for each ten feet but not less than those floor height intervals, it shall be construed to have an additional floor. The horizontal area in each floor of a building devoted to off-street parking and off-street loading facilities and the horizontal area of a cellar floor shall not be included in the FLOOR AREA.
FLOOR AREA–FOR DETERMINING OFF-STREET PARKING and OFF-STREET LOADING REQUIREMENTS. When prescribed as the basis of measurement for off-street parking spaces and
off-street loading spaces for any use, shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off-street parking facilities and the horizontal areas of the basement and cellar floors that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls.
FLOOR AREA RATIO. The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot.
FOOT CANDLE. A unit of illumination, equivalent to the illumination at all points which are one foot distant from a uniform point source of one candle power.
FREE BURNING. The rate of combustion of a material which burns actively and easily and supports combustion.
FREIGHT TERMINAL (MOTOR). A building in which freight is brought to the building by motor truck or railroad freight cars.
FREQUENCY. Signifies the number of oscillations per second in a sound wave in an index of 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 right-of-way, waterway or other similar barrier.
GARAGE, BUS. Any building used or intended to be used for the storage of passenger motor buses or motor coaches used in transportation, including school buses.
GARAGE, PRIVATE. An accessory building designed and used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory and in which no occupation or business for profit is carried on. Not more than one of the motor vehicles may be a commercial vehicle of not more than 3,000 pounds payload.
GARAGE, PUBLIC. A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing or repairing motor vehicles. Hiring, selling or storing of motor vehicles may be included.
GARAGE, STORAGE or OFF-STREET PARKING. A building or portion thereof designed or used or land used exclusively for storage of motor vehicles, and in which motor fuels and oils are not sold and motor vehicles are not equipped, repaired, hired or sold.
GRADE. The established grade of the street or sidewalk. Where no such grade has been established, the GRADE shall be the evaluation of the sidewalk at the property line. Where no sidewalks exist, the GRADE shall be the average elevation of the street adjacent to the property line, except in cases of unusual topographic conditions as determined by the Zoning Administrator, the GRADE shall
be the average elevation of the finished surface of the ground adjoining the exterior walls of a building or at the base of a structure.
GROSS DENSITY. The ratio between the total number of dwelling units on a lot and total lot area in acres.
GROUND FLOOR AREA. The lot area covered by a principal building, measured at highest ground grade, adjacent to building from the exterior faces of the exterior walls, but excluding open porches or terraces and garages or carports.
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.
GUEST, PERMANENT. A person who occupies or has the right to occupy a lodging house, rooming house, boarding house, hotel, apartment hotel or motel accommodation as his or her domicile and place of permanent residence.
HOME OCCUPATION. In all residence districts, any customary HOME OCCUPATION operated for profit shall be permitted, provided that:
(1) It is conducted entirely within the dwelling by a member of the family residing in the dwelling and when the HOME OCCUPATION is incidental and secondary to the use of the dwelling for dwelling purposes;
(2) It is conducted from a detached or attached accessory building or requires internal or external alteration, or involves construction features or use of equipment not customary in a dwelling, and the entrance to the space devoted to such occupation shall be from within the dwelling and not more than one-fourth of the floor area of a story including also a cellar of the dwelling if it is devoted to the HOME OCCUPATION;
(3) There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling; except one nameplate, no more than one square foot in area which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated, shall be permitted;
(4) It is conducted by only a member of the family residing on the premises, plus only one additional person, whether or not a member of the family;
(5) No stock-in-trade is kept or sold, including also such as are made on the premises, or services rendered on the premises that require a receipt or delivery of merchandise, goods or equipment by other than carrier mail service or the passenger automobile of the person conducting the home occupation;
(6) A home occupation conducted by a professional person shall be only for consultation, instruction or performance of religious rites, but not for the general practice of the profession; and
(7) Teaching of musical instruments and dancing shall be conducted only in a single-family detached dwelling and then to not more than two pupils at one time, and academic or religious instructions may be given to not more than six pupils at one time in a single-family detached dwelling, and not more than one pupil at one time in any other type dwelling unit.
HOSPITAL or SANITARIUM. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week, of three or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions.
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, MOTEL, INN or AUTO COURT. An establishment containing lodging accommodations designed for use by transients or travelers or temporary guests. Facilities provided may include kitchen, maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms, restaurants, cocktail lounges and other ancillary uses customarily incidental to the use.
IMPACT NOISE. A short duration sound which is incapable of being accurately measured on a sound level meter.
IMPULSIVE. Discrete vibration pulsation occurring no more than one per second.
INCOMBUSTIBLE. A material which will not ignite nor actively support combustion during an exposure of five minutes to a temperature of 1,200°F.
INTENSE BURNING. The rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly. Examples include sawdust, magnesium (powder, flaked or strips) and rocket fuels.
JUNK YARD. An open area of land and any accessory building or structure thereon, which is used for buying, selling, exchanging, storing, baling, packing, disassembling or handling waste or scrap materials, including vehicles, machinery and equipment not in operable condition or parts thereof, and other metals, paper, plastics, rags, rubber tires and bottles. Two or more vehicles not in operating condition stored on a zoning lot shall be classified as a JUNK YARD. A JUNK YARD includes an automobile wrecking yard, but does not include an establishment located in the applicable manufacturing district, engaged exclusively in processing of scrap iron or other metals to be sold only to establishments engaged in manufacturing of steel or metal alloys.
KENNEL. Any premises or portion thereof on which more than three dogs, cats, or other household domestic animals over six months of age are kept or on which more than two such animals are maintained, boarded, bred or cared for in return for remuneration or are kept for the purpose of sale.
LABORATORY, COMMERCIAL. A place devoted to experimental study such as testing, analyzing, manufacturing, assembly or packaging of products is not included within this definition.
LABORATORY, RESEARCH. A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
LAUNDERETTE. A business that provides coin-operated, self-service type washing, drying, dry cleaning and ironing facilities, provided that: not more than four persons, including owners, are employed on the premises; and no pickup or delivery service is maintained.
LIVING SPACE RATIO. The square footage of open space, less the space used for vehicular movement, that exists for each square foot of building floor area.
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 in width, 35 feet in length, and 14 feet in height, exclusive of access aisles and maneuvering space.
LODGING HOUSE. A building designated for and used as a single- 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. Lodging or meals or both are provided for compensation for three or more but not more than ten persons.
LODGING ROOM. A room or suite of rooms rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, each room which provides sleeping accommodations shall be counted as one lodging room for the purpose of this chapter.
LOT. A tract of land 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 ownerships or under single control. Therefore, a LOT may or may not coincide with a lot of record.
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lines of a lot.
LOT, CORNER. A lot of which at least two adjacent sides abut for their full length upon streets, provided that the interior angle at the intersection of such two sides is less than 135°.
LOT COVERAGE. The part or percentage of the lot occupied by buildings or structures, including accessory buildings or structures.
LOT DEPTH. The average horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT, DOUBLE FRONTAGE. A lot having a pair of opposite lot lines along two, more or less, parallel streets and which is not a corner lot. Both street lines shall be deemed front lot lines.
LOT INTERIOR. A lot that is not a corner lot.
LOT LINE, FRONT. The boundary of a lot abutting a street. The lot line with the shortest dimension shall be considered the front lot line.
LOT LINE, INTERIOR. A lot line which does not abut a street.
LOT LINE, REAR. An interior lot line which is most distant from and is almost parallel to the front lot line and in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot which is parallel to and at maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT LINES. The property lines bounding a lot.
LOT OF RECORD. An area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to statute, with the County Recorder.
LOT, REVERSED CORNER. A corner lot, the street lot lines which is substantially a continuation of the front lot line of the first lot to its rear.
LOT WIDTH. The minimum horizontal distance between the side lot lines of a lot measured at the building between setback line.
MAINTENANCE. The routine upkeep of a structure or equipment including the replacement or modification of structural components or equipment in order to keep them unimpaired and in operable condition.
MANUFACTURE. The making of anything by any agency or process.
MANUFACTURING ESTABLISHMENT. An establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products.
MARQUEE or CANOPY. A roof-like structure of a permanent nature which projects from the wall of a building.
MICRON. A unit of length, equal to one-one thousandth part of one millimeter (.001 millimeter).
MOBILE HOME. A mobile unit designed and constructed for dwelling purposes which contains cooking, sanitary and electrical facilities and has a gross floor area of 220 square feet or more.
MOBILE HOME PARK. A lot, parcel or tract of land developed with facilities for accommodating two or more mobile homes, only by nontransient dwellers remaining continuously for more than one month, whether or not a charge is made. It shall not include a sales lot in which unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale, except mobile homes located on a site in the MOBILE HOME PARK which are occupied or vacant for not more than 90 days after occupancy may be sold or offered for sale.
MODERATE BURNING. Implies a rate of combustion described by a material which supports combustion and is consumed slowly as it burns. Examples: wood, timber and logs.
MOTEL. See HOTEL.
NAMEPLATE. A sign indicating the name and address of a building or the names, address and telephone number of the manager; or a sign indicating the name, address and/or the practice of a permitted home occupation therein.
NO ACCESS STRIP. A strip of land within and along a rear lot line of a through lot adjoining a street which is designated on a recorded subdivision plat or property deed as land over which motor vehicular travel shall not be permitted.
NONCONFORMING STRUCTURE. A structure lawfully established which:
(1) Does not comply with all the regulations of this chapter or of any amendment hereto governing the bulk of the district in which it is located; or
(2) Is designed or intended for a nonconforming use.
NONCONFORMING USE. A structure and the use thereof or the use of land that does not conform with the regulations of this chapter or any amendment thereto governing use in the district in which it is located, but conformed with all of the codes, ordinances and other legal requirements applicable at the time the structure was erected, enlarged or altered, and the use thereof or the use of land was established.
NOXIOUS MATTER OR MATERIAL. A material which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects to the physical or economic well-being of individuals.
NURSERY SCHOOL. An establishment for the part-time care of five or more children (at any time) of pre-elementary school age, in addition to the members of the family residing therein.
NURSING HOME-CONVALESCENT HOME and SIMILAR INSTITUTIONS. A home for the aged, chronically ill, care of children, infirm or incurable persons or a place of rest for those persons
suffering bodily disorders, in which three or more persons, not members of the family residing on the premises, are received and provided with food, shelter and care; 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 prescribed interval of sound frequencies which classifies sound according to its pitch.
OCTAVE BAND FILTER. An electronic frequency analyzer designed according to standards of the American Standards Association and used in conjunction with a sound level meter to take measurements of sound pressure level in specific octave bands.
ODOROUS MATTER. A material that produces an olfactory response among human beings.
OFF-STREET PARKING AREA or LOT. Land which is improved and used, or a structure which is designed and used exclusively for the storage of passenger motor vehicles, either for accessory off-street parking spaces or commercial off-street parking spaces, when permitted herein by district regulations.
OPEN SALES LOT. Land used or occupied for the purpose of buying, selling or renting merchandise stored or displayed out-of-doors prior to sale (such as automobiles, trucks, motor scooters, motorcycles, boats, trailers, garages, snowmobiles or other commodities).
OPEN SPACE. Total area in square feet of all uncovered open space of the land area within the site to be developed plus one-half of covered open spaces, such as carports.
OPEN SPACE RATIO. The square footage of site open space provided for each foot of building floor area.
OWNER. Any individual, firm or corporation having a possessory interest entitled to exclusive possession in land, or several such owners acting jointly.
PARKING SPACE. An area, enclosed in a building or unenclosed, reserved for the parking of one motor vehicle, and which is accessible to and from a street, drive or alley.
PARTICULATE MATTER. Material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid at outdoor ambient conditions.
PARTY WALL. A common wall which extends from its footing below grade to the underside of the roof and divides the buildings
PERFORMANCE STANDARD. A criteria established to control smoke and particulate matter, noise, odorous matter, toxic matter, vibration, fire and explosion hazards, glare and radiation hazards generated by or inherent in uses of land or buildings.
PERMANENT OPEN SPACE. A compact and contiguous land area, that is designated on the Comprehensive (Master) Plan for educational, religious, recreational or institutional purposes, or such land which is not so designated but which is recommended for such designation by the Planning and Zoning Commission and approved by the Village Board at or before the time of approval of a subdivision or planned development.
PLANNED DEVELOPMENT. A tract of land which is planning as a whole for development under single ownership or control and which, by virtue of this unified planning and development, provides greater amenities, convenience or other benefits than would normally be had through the development of diverse smaller tracts under multiple ownership.
PLANNING AND ZONING COMMISSION. The Village Planning and Zoning Commission.
PRE-1960 OCTAVE BANDS. The frequency intervals prescribed by the American Standards Association in ASA Standard A24. 10-1953 Octave Band Filter Set.
PREFERRED FREQUENCIES. A set of octave bands described by the band center frequency and standardized by the American Standards Association in ASA Standard N.S1.6-1960, Preferred Frequencies for Acoustical Measurements.
PUBLIC OPEN SPACE. Any publicly owned open area, including but not limited to the following: parks, playgrounds, forest preserves, waterways, parkways and streets.
PYROPHORIC DUST. A dust in a finely divided state that is spontaneously combustible in air.
RADIATION HAZARDS. The deleterious and harmful effects of all ionizing radiation, which shall include all radiation capable of producing ions in their passage through matter. Such radiations shall include but not be limited to electro-magnetic radiations such as x-rays and gamma rays and particulate radiations such as electrons or beta particles, protons, neutrons and alpha particles.
RAILROAD RIGHT-OF-WAY. A strip of land containing railroad tracks and auxiliary for track operations, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops or car yards.
RECREATION SPACE. Total area in square feet which is countable as open space but is not paved in streets, walks or driveways and is suitable for recreation pursuits. The smallest countable recreation area is 1,000 square feet. Any part of an area having a dimension of less than 20 feet shall not be included as countable RECREATION SPACE.
RECREATION SPACE RATIO. The square footage of space for active recreation provided for each space foot of building area.
REFUSE. All waste products resulting from human habitation, except sewage.
RESERVOIR PARKING SPACES. Those off-street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.
RINGELMANN CHART. The chart described in the U.S. Bureau of Mines Information Circular 6888, on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke-density.
ROADWAY. That portion of a street which is used or intended to be used for the travel of motor vehicles.
SETBACK. The minimum horizontal distance between a street line and the nearest wall of a building or side of a structure facing the street line, or edge of the area of operation of a principal use, when no building or structure is involved.
SIGN. A name, identification, description, illustration, display or device which is affixed to, painted or represented upon a structure or land and which directs attention to a product, place, activity, person, institution or business. For the purpose of definition, a SIGN may be single-faced or multi-faced; however, a SIGN shall not include any display of any court, public or official notice, nor shall it include the flag, emblem, insignia of a nation, political unit, school, religious or charitable institution or organization. A SIGN shall also include a permanent sign located within a building in such a manner as to be viewed or intended for view primarily from the exterior to the building.
SIGN, ADVERTISING (BILLBOARD). A structure including a billboard on which is portrayed information which directs attention to a business, commodity, service or entertainment or other activity not related to use on the lot upon which the sign structure is located.
SIGN, BUSINESS. A sign which directs attention to a business, commodity, entertainment or other service activity conducted on the lot upon which the sign is located.
SIGN, CHURCH BULLETIN BOARD. A sign attached to the exterior of a church or located elsewhere on the church premises, used to indicate the services or activities of the church and including its name, if desired.
SIGN, FLASHING. An illuminated sign on which the artificial light is not kept constant or stationary in intensity or color at all times when sign is in use. Illuminated signs which indicate the time, temperature, date or similar public service information shall not be considered FLASHING SIGNS.
SIGN, GROSS SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of the actual message or copy area. It does not include any structural or framing elements lying outside the limits of the sign surface and not forming an integral part of the display.
SIGN, IDENTIFICATION. 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.
SIGN, POLITICAL. Any sign painted, posted or displayed in any way in behalf of any candidate or political party. The sign shall be removed by the applicant not later than 30 days after the election for which the sign was erected.
SIGN, PROJECTING. A sign which is affixed to any building wall or other structure and extends beyond the building wall or parts thereof or structure more than 18 inches.
SIGN, ROOF. A sign erected, constructed and maintained above the roof (eave line) of any building.
SIGN, WALL. A sign which is affixed to an exterior wall of any building, when a sign shall project not more than 18 inches from the building wall or parts thereof.
SMOKE. The visible discharge from a chimney, stack, vent, exhaust or combustion processes which is made up of particulate matter.
SMOKE UNIT. The number obtained when the smoke density in the Ringelmann Number is multiplied by the time of emission in minutes. For the purpose of this calculation:
(1) A Ringelmann density reading shall be made at least once a minute during the period of observation;
(2) Each reading is then multiplied by the time in minutes during which it is observed; and
(3) The various products are then added together to give the total number of SMOKE UNITS observed during the entire observation period.
SOLAR FARM. A solar energy system or systems consisting of one or more solar panels which is or are ground mounted, but which is or are not attached to another structure or building, and which shall operate for a term not to exceed 40 years.
SOUND LEVEL. The intensity of sound of an operation or use as measured in decibels.
SOUND LEVEL METER. An instrument for the measurement of sound pressure levels constructed in accordance with the standards of the American Standards Association and calibrated in decibels.
STABLE, PRIVATE. A structure which is located on a lot on which a dwelling is located, and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling, but in no event for hire.
STABLE, PUBLIC. A building where horses are kept for remuneration, hire or sale.
STACKING REQUIREMENTS. For the purpose of this chapter, the number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments. A structure for the display and sale of only farm products which are produced on the premises.
STORY. That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. The floor of a story may have split levels, provided that there are not more than four feet difference in elevation between the different levels of the floor. A basement shall be counted as a STORY, except when used for storage garages for use of occupants of a building or other facilities common for the rest of the building. A mezzanine floor shall be counted as a STORY when it covers over one-third the area of the floor next below it or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.
STORY, HALF. A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story.
STREET FRONTAGE. All of the property fronting on one side of a street between two 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 the dead-end street.
STREET LINE. The street right-of-way line abutting a property line of a lot.
STREET, ROAD or HIGHWAY. A public or private right-of-way or easement which is designated as a permanent right-of-way or easement for common uses as the primary means of vehicular access to properties abutting on it.
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, except such repair or replacement as may be required for the safety of the building.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground (including but without limiting the generality of the foregoing buildings, advertising signs, back stops for tennis courts and pergolas).
TAVERN or LOUNGE. A building or part thereof where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food.
THEATER, DRIVE-IN. A parcel or tract of land containing facilities for projecting motion pictures on an outdoor movie screen which are viewed from the patron's automobile parked on the premises.
THREE-COMPONENT MEASURING SYSTEM. Instruments which measure simultaneously earth-born vibrations in horizontal and vertical planes.
TOURIST HOME. A building which contains a single dwelling unit and in which meals or lodging or both are provided or offered to transient guests for compensation. Does not include a hotel, apartment hotel or motel.
TOURIST PARK. A parcel or tract of land containing facilities for locating three or more travel trailers, mobile homes, camping tents or other similar temporary sleeping facilities for use only by transients (tourists).
TOXIC MATTER OR MATERIAL. Those materials which are capable of causing injury to living organisms by chemical means.
TRAILER or MOBILE HOME, CAMPS OR PARKS. Any premises occupied or designed to accommodate one or more families living in a house trailer or mobile home.
TRAILER, CAMPING SPORTS. A trailer designed and constructed for temporary dwelling purposes which does not contain certain built-in sanitary facilities for the purpose of this chapter, is dwelling.
TRAILER, TRAVEL. A trailer designed and constructed for dwelling purposes which may contain cooking, sanitary and electrical facilities. It shall include units constructed for dwelling purposes and attached to motor vehicles, such as camping units mounted upon pickup trucks.
USE. The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained and shall include standards of this chapter.
USE, ACCESSORY. One which is incidental to the dominant use of the premises.
USE, PERMITTED. Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and, when applicable, performance standards of this chapter for the district in which the use is located.
USE, PRINCIPAL. The dominant use of land or structures as distinguished from a subordinate or accessory use.
USE, SPECIAL. A use as designated in the Illinois Statutes that has unusual operational, physical or other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that complements and is otherwise or can be made compatible with the intended overall development within a district. Compliance with special standards not necessarily applicable to other permitted use or uses in the district shall be required for a use, as regulated in this chapter.
USED CAR LOT. A zoning lot on which used or new cars, trailers or trucks are displayed in the open for sale or trade.
VENDING MACHINE. A machine for dispensing merchandise or services, designed to be operated by the customer.
VIBRATION. The periodic displacement, measured in inches, of earth at designated frequency - cycles per second.
VISION CLEARANCE. An unoccupied triangular space at the corner of a corner lot or at a corner created by the intersection of a private access with a public street; such triangle being bounded by: the street (R.O.W.) lines in the case of a corner lot, and the street line and the inner pavement or surface line of a private access; and a setback line connecting points determined by measurements from the intersection.
WRECKING YARD. An area of land where three or more motor vehicles, machinery or equipment not in operable condition, or parts thereof, are stored in the open.
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 in this chapter, 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 which is bounded by the side lot lines, front lot line and the building line.
YARD, INTERIOR SIDE. A side yard which adjoins another lot or an alley separating the side yard from another lot.
YARD LINE. A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to the lot line at any point than the required depth or width or the applicable yard. A structure or other obstruction shall not encroach into the area between the YARD LINE and the adjacent lot line, except for such permitted obstructions in yards as are set forth in this chapter.
YARD, REAR. A yard which is bounded by side lot lines, near lot lines and the rear yard line.
YARD, SIDE. A yard which is bounded by the rear yard line, front yard line, side yard line and side lot line.
YARD, SIDE–ADJOINING A STREET. A yard which is bounded by the front lot line, side yard adjoining a street line and rear lot line.
YARD, TRANSITIONAL. The required rear or side yard between a business or manufacturing district and a residential district.
ZONING ADMINISTRATOR. The person charged with the responsibility for administering and enforcing this chapter.
ZONING DISTRICTS. The districts into which the area of Kirkland has been divided for zoning regulations and requirements as set forth on the Zoning District Map or maps.
ZONING LOT. A parcel of land which 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 or maps incorporated into this chapter as part thereof, designating zoning districts.
(1983 Code, § 9-1-3) (Ord. 09-07, passed 9-8-2009; Ord. 2019-01, passed 2-4-2019)