Whenever in this Title the following words and phrases are used, they shall, for the purposes of this Title, have the meanings respectively ascribed to them in this Section, except when the context otherwise clearly indicates. Whenever in this Title other words are used, those other words shall have the meanings normally ascribed to them:
ACCESSORY DWELLING UNIT: | A dwelling unit that is an accessory use to a single-family dwelling and that provides, independent of the principal single-family dwelling unit: A. A separate entrance that allows ingress and egress from the exterior of the property; and B. Areas used for bathing, cooking, and sleeping. |
ACCESSORY STRUCTURE OR USE: | A structure or use that: A. Is subordinate in extent and purpose to and serves a principal structure or use; B. Is customarily found as an incident to a principal structure or use; C. Contributes to the comfort, convenience, or necessity of those occupying, working at, or being served by a principal structure or use; D. Is located in its entirety on the same lot as a principal structure or use; E. Is under the same ownership and control as a principal structure or use; and F. In residential areas (as well as in some nonresidential areas), is typically a garage, carport, shed, storage building, garden house, private greenhouse, swimming pool, hot tub or spa, accessory dwelling unit, children's play equipment and playhouses, basketball hoop or other fixed piece of sports equipment; but not including exterior heating, air conditioning, or ventilation units. |
ADJACENT DRIVEWAYS: | Driveways located on adjoining properties that are less than five feet apart at any point. |
ADULT BOOTH: | Any area of an adult entertainment establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities. |
ADULT CABARET: | Any commercial establishment that, as a substantial or significant portion of its business, features any of the following: A. Persons who appear seminude. B. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities. C. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities. |
ADULT ENTERTAINMENT ESTABLISHMENT: | An "adult cabaret", "adult store", or "adult theater", as defined in this section. |
ADULT MATERIAL: | Any of the following, whether new or used, if they are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities: |
A. Books, magazines, periodicals, or other printed matter, or digitally stored materials; B. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind. C. Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas. | |
ADULT STORE: | Any commercial establishment: A. That contains one or more adult booths; B. That, as a substantial or significant portion of its business, offers for sale, rental, or viewing any adult materials; or C. That has a segment or section devoted to the sale or display of adult materials. |
ADULT THEATER: | Any commercial establishment that, as a substantial or significant portion of its business, features films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities. |
ALLEY: | Any public way for vehicular or pedestrian travel by the public and designed and intended primarily as a means of access to and from the rear of properties. Where the rear line of a lot is along an alley, one-half (1/2) of the width of the alley may be assumed to be a portion of the rear yard of such lot for the purpose of determining compliance of the principal structure with the Bulk Regulations. Determination of setback requirements for accessory structures shall not include any portion of an adjacent alley. |
ANTENNA: | Any structure designed for transmitting signals to a receiving station or for receiving television, radio, data, or other signals from satellites or other sources, or both. |
ANTENNA SUPPORT STRUCTURE: | Any structure used for the principal purpose of supporting an antenna. |
ARCHITECTURE BOARD OF REVIEW OR ABR: | The Architecture Board of Review created pursuant to Section 2-4-1 of this Code. |
BASEMENT: | That portion of a structure, the floor of which is partly or totally below the surface of the ground that is adjacent to the perimeter of the structure. |
BLOCK: | That property abutting on one side of a street between the two nearest intersecting streets, railroad rights of way, or other natural barriers. |
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 10 feet horizontal, and that is located between the high water mark at the edge of Lake Michigan and the top bluff edge. |
BLUFF PROTECTION AREA: | The area of a bluff plus the area of that portion of the bluff/ravine property that lies between the top bluff edge and the required setback established pursuant to subsection 10-12-3B1 of this Title. |
BLUFF/RAVINE PROPERTY: | Any lot that contains a bluff, a ravine, or both. |
BUILDING: | A structure having a roof, supported by columns or walls, for the shelter, support, or enclosure of persons, animals, or chattels. References to "building" shall, in all cases, be deemed to refer to both buildings and structures. |
BUILDING COMMISSIONER: | The building commissioner appointed by the Village Board of Trustees. |
BUILDING INTEGRATED SOLAR ENERGY SYSTEM: | A solar energy system that is accessory to a principal use and that: a) is an integral part of a principal or accessory building, rather than a separate mechanical device; b) replaces or substitutes for an architectural or structural part of the building; and c) is flush with, and parallel to, a finished surface, at no more than six inches (6") in height above that surface. Building integrated systems include, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, skylights, shading devices, and similar architectural components. |
BUILDING MOUNTED SOLAR ENERGY SYSTEM: | A solar energy system that is accessory to a principal use and professionally mounted on the roof of a principal building or accessory structure. |
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. |
BULK REGULATIONS: | The following restrictions and regulations as set forth in this Title: front yard regulations, rear yard regulations, side yard regulations, height restrictions, daylight plane height restrictions, floor area ratio regulations, impervious surface coverage regulations, and building coverage regulations. |
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 of 2019 (P.A. 101-0027), as the same may be amended from time to time. |
COMMERCIAL ESTABLISHMENT: | Any place where admission, services, performances, or products are provided for or upon payment of any form of consideration. |
COMMON OPEN SPACE: | For the purposes of Chapter 17 of this Title , land (including, without limitation, a combination of land and water) within a planned residential development that benefits the development as a whole rather than a specific occupant. Examples of common open space include, without limitation: recreational and open spaces such as parklets, greens, and improved or natural trails; preserved environmental areas such as tree stands and savannahs; and hydrologic features such as rivers, creeks, ponds, lakes, wetlands, and swales. Common open space is generally unoccupied by buildings or structures with certain exceptions described in the planned residential development regulations. Land used for streets, rights of way, and parking areas is not common open space. |
COMMUNITY RESIDENCE: | Any use of a dwelling unit for the habitation by persons, whether adults or minors, who do not constitute a family and who are suffering from a handicap, as defined in, or judicially construed to be covered by, the United States fair housing act, 42 USC section 3602(h)(1), as the same has been, and may from time to time hereafter be, amended, or from a disability or impairment that the Board of Trustees determines, in its sole and absolute discretion, is similar to, but does not fall within said definition of, a handicap, together with caregivers and staff. The following are specifically excluded from this definition: living arrangements that serve as an alternative to incarceration; hospitals and clinics; boarding houses; convalescent homes; homes for the aged; orphanages; and similar facilities. |
COVERED OUTDOOR PORCH: | A structure with a fixed roof, located along the facade and external to the principal portion of a building at approximately the level of the first floor, that provides access to the building. A "covered outdoor porch" may be enclosed on one or more sides by glass, screens, walls, railings, or some other retaining device. |
CULTURAL OR COMMUNITY FACILITY: | For the purposes of Chapter 17 of this Title, an establishment that is open to the public and provides cultural services and facilities including, but not limited to cultural centers, historical societies, and libraries operated by a public, private or non-profit organization. |
DECK: | An exterior floor system supported in any manner and at any height above grade; provided, however, that patios, concrete slabs, and other improved surfaces at grade are not considered by this Title to be "decks". |
DOG RUN: | A fenced area used principally for the confinement or exercise of a domestic animal. |
DWELLING UNIT: | A structure or a part of a structure intended for use by one family or group family household, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof. |
EXPANDED WINDOW WELL: | Any window well with a clear offset distance from the outside foundation wall of more than 36 inches or a cross sectional area of more than 12 square feet. |
FAMILY: | One person or two or more persons related by blood, marriage, legal adoption or guardianship (but not including guardianship by any governmental or quasi-governmental agency), or not more than four persons not so related, at least one of whom is an adult resident who is domiciled in the dwelling unit and is capable of, and in fact is, functioning as the head of the household, together with domestic servants and temporary gratuitous guests, living together as a single housekeeping unit. |
FENCE: | An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to protect, confine, or screen areas. |
FENCE, BARBED WIRE: | One or more strands of wire or other material having intermittent sharp points of wire or metal that may puncture, cut, tear, or snag persons, clothing, or animals. |
FENCE, CHAINLINK: | A fence made entirely of wire woven in squares of approximately one and one-half inches with vertical supports not less than one and one-half inches in diameter. |
FLOOR AREA, GROSS: | The sum of the gross horizontal areas of all floors of all buildings and/or structures on a lot, measured in square feet from the exterior face of exterior walls of each such building or structure. The gross floor area of a lot shall also include the sum of the following: A. Accessory building floor space. B. Atria. C. Balconies, interior. D. Bay overhangs. E. Courtyards, interior and exterior. F. Chimneys and fireplaces. G. Elevator shafts at each floor. H. Mezzanines. I. Garages and parking structures. J. Shafts used for mechanical, electrical, and plumbing equipment. |
K. Stairwells at each floor. For residential uses, not including mixed-use developments, "gross floor area" further includes the following areas, subject to the calculation (if any) provided in subsection 10-5-6.B: L. Attic floors. M. Balconies, exterior. N. Underground structures. O. Space in excess of 10 feet in height. P. Undereaves. Q. Porches, and steps leading thereto. R. Stoops and steps leading thereto. S. Decks, and steps leading thereto. | |
FRONT OR FRONT LINE: | Generally, the boundary of a lot along a street or public right- of-way. For a corner lot, the front is the shorter boundary along a street or a public right-of-way. For irregular lots, the Building Commissioner shall determine the front line(s) of the lot and applicable setbacks. |
GRADE: | The preconstruction level of ground surface. |
GROUND MOUNTED SOLAR ENERGY SYSTEM: | A solar energy system that is accessory to a principal use and consists of permanently installed freestanding solar collector(s) that are placed on or mounted to the ground. |
HABITABLE ROOM: | A room, the entire floor of which is on or above the normal surface of the lot adjacent to the dwelling in which such room is located and which may be occupied by one or more persons for eating, living or sleeping, including kitchens and recreation rooms, closets, bathrooms, water closet compartments, serving and storage pantries, and corridors, but not including laundries, cellars, basements, utility and furnace rooms, garages, carports, porches, breezeways, or spaces that are not used frequently or during extended periods for living, eating or sleeping purposes. |
HEIGHT, BUILDING: | The vertical distance measured from the highest point of a building to the grade directly below such highest point, provided that the following shall be excluded when determining building height: A. Chimneys with cross-sectional areas less than 32 square feet. B. Cooling towers. C. Decorative railings. D. Elevator bulkheads. E. Fire towers. F. Monuments. |
G. Parapet walls. H. Stacks. I. Stage towers. J. Scenery lifts. K. Tanks. L. Water towers. M. Ornamental towers and spires. N. Wireless towers. O. Other necessary mechanical appurtenances. | |
HOT TUB OR SPA: | A receptacle for water located entirely above ground and having a volume of less than 425 gallons, a surface area of no more than 150 square feet, and a depth of no more than 36 inches, but not including a swimming pool. |
HOTEL: | Any building or portion thereof containing six or more guest rooms used for overnight accommodation that are available for rent by transient guests. The word "hotel" shall include, without limitation, inns, motels, and suites, but shall not include short-term rentals as defined in this section. |
IMPERVIOUS SURFACE: | Any improvement on a lot that prohibits or substantially retards the drainage of stormwater directly into the soil, including, without limitation, buildings, accessory structures, walks of a minimum two foot width made of concrete, wood, or continuous brick or other impervious material, patios, decks, porches, stoops, steps, and other similar structures, swimming pools, tennis and other game courts, pavements of any kind, and paved, brick, or gravel driveways. |
JOINT PLAN COMMISSION AND ZONING BOARD OF APPEALS OR PCZBA: | The Joint Plan Commission and Zoning Board of Appeals created pursuant to Section 2-5-1 of this Code. |
LANDOWNER OR OWNER: | A. Generally: The person, corporation, or other legal entity that has a fee interest in a property, as evidenced by the name that appears on the title records in the office of the Lake County Recorder or as otherwise determined by the Building Commissioner. B. Contractual Interests: For purposes of submitting an application for zoning relief, all of the following parties shall additionally be deemed owners: The holder of an option or contract to purchase; a lessee having a remaining term of not less than 40 years; or other person having an enforceable proprietary interest in such land. C. Notice to Owners: Where this Title requires mailings to an owner, the requirement is satisfied by mailing to the address on file with the Lake County Chief Assessor's office for the mailing of property tax statements. |
D. Multiple Owners: When a property is in a land trust is subject to a long term land lease, or when one or more persons, corporations, or other legal entities have an ownership interest in a property (including beneficial interests and long term lessee interests), the rights afforded to, and obligations imposed on, owners in this Chapter apply and are exercised as if there were only one owner. The Village has no obligation to investigate or determine the legal relationship among multiple owners. It is sufficient for any one owner to act for and bind, the owners of the property (which includes, without limitation, the delivery and receipt of notice and the provision of written consent), unless the Building Commissioner receives, within the applicable time periods or any extended time periods as the Commission deems appropriate, clear and convincing evidence, as determined by the Building Commissioner, that such owner does not have the exclusive authority to act for, and bind, the owners of the property. Absent such a timely protest or objection, the Village may rely on representations made by any one owner with respect to the exercise of the rights and obligations set forth in the Zoning Regulations. | |
LOT: | See definitions of lot of record and lot, zoning. Unless the context indicates otherwise, all references in this Title to a "lot" shall be deemed to mean and refer to a "zoning lot". |
LOT, ADJOINING: | A lot that shares a common lot line with another lot either in whole or in part. |
LOT, CORNER: | A lot abutting upon two or more intersecting streets or street rights-of-way or a lot bounded on two sides by a curving street or street right-of-way, where it is possible to draw two intersecting tangents, one each commencing at each of the two points of intersection of the lot lines and street lines, which intersect with each other to form an interior angle not exceeding 120 degrees. See section 10-13-1, illustration 2 of this Title. |
LOT DEPTH: | The horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line. See section 10-13-1, illustration 3 of this Title. |
LOT, FLAG: | An irregularly shaped lot consisting of two (2) sections: a) the primary mass of the lot (the "flag" portion), that is set back from the street frontage access and is located behind one or more other lots; and b) a narrow access corridor (the "pole" portion), that has a width of less than 50 feet wide and extends for a distance of at least 40 feet from the street or street right of way toward the flag portion of the lot. See section 10-13-1, illustration 2A of this Title. |
LOT, INTERIOR: | A lot bounded by a street or street right of way on only one side. See section 10-13-1, illustration 2 of this Title. |
LOT, IRREGULAR: | A lot that is either or both: (i) not generally rectilinear in shape, such that the lot does not have four sides, and the side lot lines are not within 45 degrees of perpendicular to the front lot line or the tangent of a curved front lot line and remain generally straight throughout their length; or (ii) has access to a public street or public right-of-way only through a private street or across another lot. Lot width and required setback determinations for principal and accessory structures shall be determined based on the setback requirements for immediately adjacent lots at each location along the common lot line, unless otherwise clearly established pursuant to the provisions of this title. |
LOT LINES: | The lines bounding a "lot", as defined in this section. |
LOT OF RECORD: | A lot that is part of a subdivision, the plat of which has been recorded in the office of the county recorder of deeds, or a parcel of land separately described in a recorded instrument. |
LOT, THROUGH: | A lot having its front and rear yards each abutting on a street or street right of way. Both such yards are considered both front and rear yards and, where in conflict, the most restrictive setback provision shall control. See section 10-13-1, illustration 2 of this Title. |
LOT WIDTH: | The horizontal distance between the side lot lines of a lot, measured parallel to the front lot line(s) at the required front setback line(s). See section 10-13-1, illustration 3 of this title. Notwithstanding anything to the contrary herein, the following rules apply except when evaluating a minimum lot width or lot frontage requirement: |
A. For flag lots, the lot width shall be measured from the flag portion of the lot immediately adjacent to the narrow "pole" section of the lot. See Section 10-13-1, illustration 2a. B. For irregular lots with a lot line abutting Lake Michigan, the lot width shall be the greater of (i) the lot width provided above or (ii) the lot width measured between the lot lines as a straight north-south (0 degree bearing) line 100 feet west of the most westerly point of abutment with Lake Michigan. | |
LOT, ZONING: | A zoning lot is: A. Composed of one or more lots of record; B. Held under a single fee simple title, or otherwise in common ownership or control; C. Designated by its owner or developer at the time of filing for any approval under this title as a single zoning lot for the purposes of development; and D. The site of no more than a single principal use and a single principal building (unless specifically authorized pursuant to the terms of this Title), each in their entirety, together with any accessory uses or buildings and such open spaces and yards as are to be used with such building or use. |
MAJOR VARIATION: | A variation that does not constitute a Minor Variation. |
MINOR VARIATION: | A variation that approves (i) the reduction of a minimum bulk regulation by not more than 25 percent; or (ii) an increase in a maximum of bulk regulation by not more than 25 percent. Where there are pre-existing non-conforming conditions, the percentage increase or decrease shall be measured from the otherwise applicable bulk regulation, and not from the existing non-conforming condition. |
MONOPOLE: | A self-supporting pole that consists of a single shaft which has either a solid or hollow core, and which is used as an antenna support structure, but which has neither lattice framework nor external support devices such as guywires. |
MULTIPLE-FAMILY DWELLING: | A residential building containing two or more dwelling units. Notwithstanding anything contained herein to the contrary, a single-family dwelling with an accessory dwelling unit shall not be considered a "multiple-family dwelling." |
MULTIPLE-UNIT DWELLING: | For the purposes of the Planned Residential Development (PRD) regulations, a building designed and constructed with multiple individual dwelling units that are accessed from the outdoors via a common entry. A multiple-unit dwelling does not include a two-family dwelling. |
NONCONFORMING LOT: | A zoning lot that does not comply with the applicable minimum lot area, lot width, and lot front requirements for any permitted use for the district in which such zoning lot is located. |
NONCONFORMING STRUCTURE: | Any building or structure lawfully existing on February 15, 1994, or any amendment hereto, that does not comply with all of the regulations of this Title, or any such amendment hereto, governing bulk regulations for the zoning district in which such building or structure is located. |
NONCONFORMING USE: | Any use lawfully being made of any land, building, or structure on February 15, 1994, or any amendment hereto, that does not comply with all of the regulations of this Title, or any such amendment hereto, governing use for the zoning district in which such land, building, or structure is located. |
NUDE OR STATE OF NUDITY: | A state of dress or undress that exposes to view: A. Human genitals; pubic region; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed; or B. Human male genitals in a discernibly turgid state, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state. |
PCZBA: | The Joint Plan Commission and Zoning Board of Appeals created by Section 2-5-1 of This Code. |
PERSONAL WIRELESS SERVICES: | Commercial mobile telecommunications services, unlicensed wireless telecommunications services, and common carrier wireless telecommunications exchange access services. |
PERSONAL WIRELESS SERVICES ANTENNA: | An antenna used in connection with the provision of personal wireless services, including, without limitation, directional or "panel" antennas and omnidirectional or "whip" antennas. |
PERSONAL WIRELESS SERVICES FACILITIES: | Equipment, accessory buildings, and other instruments, appurtenances, and facilities associated with the operation of a personal wireless services antenna. |
PLANNED COMMERCIAL DEVELOPMENT OR PCD: | A tract of land which is developed in conformity with chapter 14 of this Title. |
PLANNED MIXED-USE DEVELOPMENT OR PMD: | A tract of land which is developed in conformity with chapter 15 of this Title. |
PLANNED RESIDENTIAL DEVELOPMENT OR PRD: | A tract of land which is developed by a landowner in conformity with Chapter 17 of this Title. |
PRINCIPAL STRUCTURE OR BUILDING: | A structure or building on a lot intended to be utilized for a principal use and to which any other structure on such lot must be accessory. |
PRINCIPAL USE: | The use of a lot, whether a permitted or special use, implicitly or explicitly designated by the owner of such lot as the lot's primary or main use and to which any other use on such lot must be accessory. |
PRIVATE SALE: | A. A temporary sale at a residence of personal property from that residence and neighboring residences, including a house sale, garage sale, rummage sale, yard sale, moving sale, auction, estate sale, or other similar event, or B. A temporary sale of personal property conducted on the premises of a nonprofit institution for the benefit of that institution, including a rummage sale, auction, or other similar event. Private sales do not include any sales of personal property conducted by or on behalf of any commercial establishment or for profit entity. |
PROTECTED USES: | A. A church, synagogue, mosque, or other place of worship. B. A public or private nursery, elementary, or secondary school. C. A childcare facility, licensed by the Illinois Department of Children and Family Services. D. A public park, playground, playing field, forest preserve, or other public recreational facility. E. A public or private cemetery. F. A public housing facility. G. A commercial retail establishment, including establishments licensed to sell or distribute alcoholic beverages. |
RAVINE: | Any natural land area with a steep sided, wooded valley typically with continual or intermittent running water at its base, that has a drop in elevation from the top ravine edge equal to or greater than two feet vertical for every 10 feet horizontal, and that is identified on the maps in section 10-13-1, illustrations 14A through 14E of this Title. A "ravine" shall not include: A. Mere depressions, gullies, or streams that do not have adjacent, larger, wooded steep sided areas; |
B. The upper reaches or secondary reaches of a steep sided, wooded valley that has been extensively filled or extensively graded prior to March 9, 1999, being the effective date of this definition and chapter 12 of this Title; or C. The extreme upper reaches or secondary reaches of a steep sided, wooded valley that is less than 150 feet in length and that is isolated from all primary ravine areas as a result of manmade improvements such as roads or other structures. | |
RAVINE PROTECTION AREA: | The area of a ravine, plus the area of the bluff/ravine property that lies between the top ravine edge and the required setback established pursuant to subsection 10-12-3A of this Title. |
RESIDENTIAL BUILDING: | A building all or part of which contains one or more dwelling units, including single-family dwellings and multiple-family dwellings but excluding hostelries, house trailers, lodging houses, dormitories, sororities and fraternities, nurses residences, sanatoriums, nursing homes and convalescent homes. |
RESIDENTIAL PROPERTY: | Any lot or other tract of land zoned or designated in any of the following districts, zones, or developments: Country Estate Residence District (C-E) Estate Residence District (E-1) A-A-A-A Residence District (E-2) A-A-A Residence District (R-1) A-A Residence District (R-2) A Residence District (R-3) B Residence District (R-4) C Residence District (R-5) D Residence District (R-6) Planned Residential Development (PRD) |
SCREEN: | A woven material typically installed in doors, windows, outdoor porches, and gazebos, constructed of metal wire of an approximate size of 18 inches by 16 inches, or fiberglass filament of a similar size, and designed to allow the passage of air while keeping out insects. |
SELF-CONTAINED SOLAR ENERGY SYSTEM: | A professionally manufactured device that utilizes solar collector(s) to produce small amounts of energy for the sole purpose of operating the device. Examples include, but are not limited to, portable lights, swimming pool heaters, aeration pumps and attic fans, and other portable devices. |
SEMINUDE: | A state of dress or undress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks. |
SETBACK: | The required minimum horizontal distance between a lot line and a building or structure. |
SHORT-TERM RENTAL: | A dwelling unit containing five or fewer guest rooms used for overnight accommodation that are available for rent by transient guests for a period shorter than 30 consecutive days. The term "short-term rental" shall not include hotel as defined in this section. The term "short-term rental" shall not include the rental of a dwelling unit pursuant to a rental agreement executed in conjunction with a contract to sell the dwelling unit. |
SINGLE-FAMILY DWELLING: | A residential property containing (i) one dwelling unit or (ii) one principal dwelling unit and one accessory dwelling unit. |
SOLAR COLLECTOR: | A professionally manufactured device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical or electrical energy. |
SOLAR ENERGY SYSTEM: | A system which utilizes solar collector(s) to convert solar energy into thermal, mechanical or electrical energy for storage and use, including building mounted, building integrated, ground mounted, and self-contained systems. |
SPECIFIED ANATOMICAL AREAS: | Any of the following: A. Human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed. B. Human male genitals in a discernibly turgid state, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state. |
SPECIFIED SEXUAL ACTIVITIES: | Any of the following: A. Actual physical touching of human genitals, pubic region, buttocks, anus or female breasts. B. Actual physical sexual acts, normal or perverted, including intercourse, oral copulation, or sodomy. C. Actual masturbation. D. Human genitals in a state of sexual stimulation, arousal, or tumescence. E. Excretory functions as a part of or in connection with any of the activities set forth in subsection A, B, C, or D of this definition. |
STAIRS: | Interconnected treads constructed above grade and typically supported by piers and a framework system and typically utilizing handrails. |
STEPS AT GRADE: | Non-interconnected treads at grade typically consisting of individual pieces of stone, slate, timbers, or other similar material. |
STOOP: | An exterior floor typically, but not necessarily, constructed of concrete and/or masonry, with a finished floor elevation at least six inches higher than the adjacent ground level, and utilized primarily as an access platform to a building. |
STREET: | A public thoroughfare, avenue, road, highway, boulevard, parkway, way, drive, lane, or court that has been dedicated to the public that serves as the primary roadway to and egress from property abutting along its length. |
STREET LINE: | The division line between a lot, tract, or parcel of land and a contiguous public street, including in such street, all property dedicated for street purposes or subject to public easements therefor. |
STRUCTURE: | Anything constructed or erected above grade, the use of which requires permanent or temporary location on the ground, or anything attached to something having a permanent location on or in the ground. References to "structure" shall in all cases be deemed to refer to both structures and buildings. Patios, driveways, and walks at grade will generally not be considered to be "structures" under this Title. |
SUBTERRANEAN SINGLE-FAMILY GARAGE: | A garage accessory to a single-family residential use where: A. The elevation of the garage floor at the location of the vehicle access door is two feet or more below the average of the adjacent preconstruction grades to the sides of the vehicle access door, such as where a sloped driveway and retaining walls are used to access a vehicle storage area below grade; or B. A lift or elevator is used to access a vehicle storage area below grade unless the lift or elevator is completely contained within a structure. |
SWIMMING POOL: | A receptacle for water, or artificial basin of water, either aboveground, belowground, or partly aboveground and partly belowground, not wholly enclosed within a building, having a depth at any point in excess of 18 inches or a surface area exceeding 150 square feet, and intended for use by persons for the purpose of immersion, partial immersion, or swimming and including all appurtenant equipment, but not including a hot tub or spa. |
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 10 feet horizontal. Improvements or fill located in the area that would be considered the "top bluff edge" pursuant to this definition, as of March 9, 1999, being the effective date of this definition and chapter 12 of this Title, shall not be considered in determining the "top bluff edge". |
TOP RAVINE EDGE: | The curvilinear line connecting the points of a ravine 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 10 feet horizontal. Improvements or fill located in the area that would be considered the "top ravine edge" pursuant to this definition, as of March 9, 1999, being the effective date of this definition and chapter 12 of this Title, shall be considered in determining the "top ravine edge", using the applicable standards set forth below: A. Decks And Similar Structures: The "top ravine edge" shall extend under any deck or similarly elevated structure and shall be deemed to be located pursuant to the otherwise applicable criteria set forth above. B. At Grade Permanent Structures: The "top ravine edge" shall be at the exterior limit of any permanent at grade building foundation or other similar structure. |
C. Fill Or Graded Areas: The "top ravine edge" shall be at the exterior limit of a fill or extensively graded area. D. Retaining Walls: The "top ravine edge" shall be at the exterior limit of any continuous retaining wall constructed of timber, concrete, stone, or other similar material, that functions as the top edge of the ravine and that serves as a border between the improved surface of the lot and the ravine, but excluding retaining walls of less than 20 feet in length. E. Erosion Control Devices: Timbers, gabions, and other similar structures functioning solely as erosion control devices and not as a breakpoint at the top edge of a ravine shall not be considered in determining the location of the "top ravine edge" under this chapter. See section 10-13-1, illustrations 15A and 15B of this Title, for guidance in determining the "top ravine edge" pursuant to this definition. | |
TOWER MOUNTED WIND ENERGY SYSTEMS (TMWES): | Freestanding, tower mounted wind energy systems. |
TOWNHOME: | For the purposes of Chapter 17 of this Title, a building designed and constructed with three or more individual dwellings units joined to other dwelling units at one or more sides by a party wall or walls, with each dwelling unit having a separate entrance from the outdoors. |
TWO-FAMILY DWELLING: | For the purposes of Title 17 of this Title, two individual dwellings units joined to one another either by a party wall or walls (with each dwelling unit having a separate entrance) or with one dwelling above the other (usually sharing an entrance). Two-family dwellings are commonly known as a "duplex" or a "two flat." |
UNDERGROUND STRUCTURE: | Any building or structure, or portion of a building or structure, including basements, walkout basements, crawl spaces, expanded window wells, and subterranean garages, with a floor located partially or wholly below grade. |
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 only building mounted wind energy systems. |
YARD: | The open spaces (unoccupied except for accessory structures where permitted by this Title) between the lot line on all sides of a lot and the principal building located on such lot. |
YARD, FRONT: | An open space on the same lot with a building, between the building and the front line of the lot, for the full width of the lot. For a through lot, the yards between both street lines are treated as both front and rear yards. See section 10-13-1, illustration 1 of this Title. |
YARD, REAR: | An open space (unoccupied except for accessory structures) on the same lot with a building, between the rear line of the building and the rear line of the lot, for the full width of the lot. For a through lot, the yards between both street lines are treated as both front and rear yards. See section 10-13-1, illustration 1 of this Title. |
YARD, REQUIRED: | See "Setback." |
YARD, SIDE: | An open space (unoccupied except for accessory structures) on the same lot with a building between the building and the side line of the lot and extending from the front yard to the rear yard. See section 10-13-1, illustration 1 of this Title. (Ord. 2022-38, 12-12-2022) |