For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The present tense includes the past and future tenses and the future tense the present. The singular number includes the plural number and vice-versa. The word
SHALL is mandatory. The masculine gender includes the feminine and neuter. All measured quantities shall be to the nearest integral unit of measure, and if a fraction is one-half or greater, the next highest integral unit shall be used. Any term not defined in this section shall be as defined elsewhere in the municipal code or, if not defined elsewhere in the code, as defined in Webster’s New World Dictionary of the American Language-Second College Edition.
ACCESSORY BUILDING, STRUCTURE or USE. A subordinate building, structure, or use which is located on the same lot on which the principal building, structure or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use.
ACUPUNCTURE. A medical practice or procedure that treats illness or provides local anesthesia by the insertion of needles at specific sites on the body.
ADDITION/ENLARGEMENT. Construction that increases the size of a structure in terms of building footprint, height or floor area.
ADULT USE. Any commercial or recreational establishment which at all times excludes minors by virtue of age, including adult bookstores/retail establishments, adult live entertainment, adult theater, adult modeling and escort agency/studios, and adult hotel/motel.
(1) ADULT BOOKSTORES/RETAIL ESTABLISHMENTS. A business establishment having at least 15% of its stock in trade, books, magazines, sexually oriented devices, films for sale, rent or other distribution, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities” or "Specified Anatomical Areas."
(2) ADULT LIVE ENTERTAINMENT ESTABLISHMENT. A cabaret, nightclub, theater, restaurant or other business establishment, which permits live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on "Specified Sexual Activities" or "Specified Anatomical Areas."
(3) ADULT THEATER. A business establishment in an enclosed building that as a substantial or significant portion of its business regularly features for presentation films, motion pictures, video or audio cassettes, slides, or other visual representation 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."
(4) MODELING AND ESCORT AGENCY. A business association that furnishes or offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(5) ADULT HOTEL/MOTEL. A hotel or motel or similar business establishment that rents, leases or lets any room for less than a six hour period, or rents, leases or lets any single room more than twice in a 24 hour period.
(6) The following definitions describe the sexually oriented activities contained within the general definitions for the above-mentioned adult uses:
(a) Sexually oriented devices. Any artificial or simulated specified anatomical area or other device or paraphernalia that is designed in whole or part for specified sexual activities.
(b) Specified anatomical area. Less than completely and opaquely covered genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola, or human male genitals in a discernible turgid state, even if completely or opaquely covered.
(c) Specified sexual activities. Any activity that includes human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; or fondling or erotic touching of human genitals, pubic regions, buttocks, or female breasts, even if completely or opaquely covered.
AGE RESTRICTED HOUSING. A multi- family dwelling where each unit is occupied by at least one person who is 55 years of age or over. Age restricted housing must meet all district design and dimensional standards for multi-family dwellings unless specific standards are cited for such housing.
AGRICULTURE. The use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary uses for packing, treating, and storing the produce but not including the commercial feeding of garbage or offal to swine or other animals; provided that the operation of accessory uses shall be secondary to that of normal agriculture.
AIRPORT. Any public or private land area or other facility designed for the landing and take-off of aircraft, including all taxiways, hangars, airport buildings, and other related structures and open spaces.
ALLEY. A public or private right-of-way not constituting a street used primarily for secondary vehicular access to property abutting on a street.
ALTERATION. Any change in size, character, occupancy, or use of a building or structure.
AMUSEMENT ESTABLISHMENTS, INDOOR. A facility that provides indoor activities for kids or adults including video arcades, games, sweepstakes kiosks, electronic product promotions, sweepstakes kiosks, or other recreational type amusements such as inflatable play equipment, trampolines, laser tag, etc. AMUSEMENT ESTABLISHMENTS, INDOOR shall not include vending machines that do not incorporate gaming and amusement features and excluding coin-operated musical devices.
AMUSEMENT ESTABLISHMENTS, OUTDOOR. A facility that provides outdoor activities for kids or adults including batting cages, driving range, go-cart track, miniature golf, and/or other similar recreational type activities.
ANIMAL HOSPITAL/CARE FACILITY. A building or place where animals are given medical or surgical treatment and the boarding of animals is limited to short term care associated and incidental to the hospital use. Animal hospital does not include kennels.
ANTENNA. Any device, for the purpose of either transmitting or reception purposes, or both.
(1) ANTENNA, NON- RESIDENTIAL. Any antenna or wireless telecommunication facility intended for commercial purposes that transmits, receives, or both; television, radio, or other telecommunications, excluding those used exclusively for emergency dispatch communications.
(2) ANTENNA, RESIDENTIAL. Any antenna or personal wireless telecommunication device or facility that is used for private radio and/or television reception, for licensed amateur operators, citizens band facilities, and governmental and non-profit organizations.
ANTENNA FACILITY. That part of the signal distribution system used or operated by a telecommunications carrier under a license from the FCC consisting of a combination of improvements and equipment including one or more antennas, a supporting structure and the hardware by which antennas are attached, equipment housing, and ancillary equipment, such as signal transmission cables and miscellaneous hardware.
ANTENNA HEIGHT. The total height of the facility’s supporting structure and any antennas that will extend above the top of the supporting structure; however if the supporting structure’s foundation extends more than three feet above the uppermost ground level along the perimeter of the foundation, the each full foot in excess of three feet shall be counted as a an additional foot of facility height. The height of a facility’s supporting structure is to be measured from the heights point of the supporting structures foundation.
ANTENNA, HORIZONTAL SEPARATION DISTANCE. The distance measured from the center of the base of the facility’s supporting structure to the point where the ground meets a vertical wall of a principal residential building.
ANTENNA, SETBACK. The distance measured from the center of the base of the facility’s supporting structure to the nearest point on the lot line.
ANTENNA SUPPORT STRUCTURE. A structure, whether an antenna tower or another type of structure, that supports one or more antennas as part of a facility.
APARTMENT HOTEL. See HOTEL, APARTMENT.
APPLICANT. The owner, their agent, or other person having legal control, ownership and/or interest in land which the provisions of this chapter are being considered for review.
ARCHITECTURAL FEATURE. A part or projection that contributes to the aesthetics of a structure, exclusive of signs, that is not necessary for the structural integrity of the structure or to make the structure habitable.
AWNING. A roof-like cover projecting on a temporary or non-continuous basis from the wall of a building.
BAKERY. Any building or part where bread, cakes, pastries or other baked goods are prepared and sold at retail.
BALCONY. A roofed or unroofed platform that projects from the exterior wall of a structure above the ground floor, which is exposed to the open air, has direct access to the interior of the building and is not supported by posts or columns extending to the ground.
BANK AND OTHER FINANCIAL INSTITUTIONS. A financial institution, such as but not limited to a bank, savings and loan, credit union, currency exchange, brokerage office, and loan office, that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities.
BANQUET FACILITY. A facility where food, either prepared on the premises or otherwise and/or beverages are provided on a prearranged basis for consumption on premise; is not open to the public, and the use thereof is restricted to invitees of the party contracting for use of the facility.
BASE FLOOD. The flood that has a 1% probability of being equaled or exceeded in any given year (also referred to as the 100-year flood).
BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides).
BAY WINDOW. A window that projects outward from the structure, which does not rest on the building foundation or on the ground.
BEDROOM. Any private room in a dwelling unit suitable for regular use for sleeping purposes. BEDROOMS include rooms designated on as other than a bedroom but which in the judgment of the President and Board of Trustees would normally be usable for sleeping purposes shall be considered a bedroom.
BILLBOARD. See SIGN, OUTDOOR ADVERTISING.
BLOCK. A tract of land, whether legally so described or subdivided, bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways, or corporate boundary lines.
BODY MODIFICATION ESTABLISHMENT. A business that offers tattooing services, body piercing, and/or non- medical body modifications. BODY MODIFICATION ESTABLISHMENT does not include an establishment that offers only ear piercing as an ancillary service.
BREW PUB. A restaurant that includes a brewery as an accessory use and is licensed as a brew pub by the State of Illinois.
BREWERY. A place that manufactures beer and is licensed as such by the State of Illinois.
BUILDABLE AREA. The area remaining on a lot after the minimum building setback and open space requirements of this chapter have been met and excluding easements.
BUILDING. Any structure with substantial walls and roof securely affixed to the land and constructed or used for the shelter, enclosure, or protection of persons, animals or property. Any structure with interior areas not normally accessible for human use, such as oil tanks, water tanks, and other similar structures, are not considered as buildings.
BUILDING, ENCLOSED. A building separated on all sides from the adjacent open space of from other buildings or structures by a permanent roof and by exterior walls having only windows and normal entrance or exit doors, or by party walls.
BUILDING, DETACHED. A principal building surrounded by open space.
BUILDING FACADE. That portion of any exterior elevation of a building or structure, extending from grade to the top of the parapet wall or eaves and including the entire width of the building elevation.
BUILDING FRONTAGE. The linear length of the front wall of building, excluding walls that abut loading areas and service drives exclusively.
BUILDING HEIGHT. The vertical distance measured from the mean average ground level at the front building line of a principal or accessory building to the highest point of the roof in case of a flat roof; to the deck line of a mansard roof; or to the mean height level between the caves and ridge of a gable, hip, or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks 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 be provided between the front line of a building or structure and the street right-of-way line.
BUILDING, TEMPORARY. A building that is established for a period of less than one year and is removed within that time period.
BULK. A composite term used to indicate the size and setbacks of buildings or structures and the location of same with response to one another. Includes the following:
(1) Size and height of all buildings and structures;
(2) Location of exterior walls at all levels in relation to lot liens, streets, or to other buildings;
(3) Floor Area Ratio (FAR);
(4) All open areas allocated to buildings; and
(5) Amount of lot area provided per dwelling unit.
BUSINESS. Any vocation, occupation, profession, enterprise, establishment, or any other similar type of activity, together with all devices, machines, equipment, vehicles and appurtenances used therein.
BUSINESS PARK. A special or exclusive type of planned business area designed and equipped to accommodate a community of manufacturing, showroom, warehousing, research or similar industrial uses together with substantial office development related thereto.
CAMPER TRAILER (POP-UPS). A partially collapsible structure designed to provide temporary living quarters primarily for recreational use, constructed with integral wheels to make it mobile and/or tow able by motor vehicle.
CANNABIS. Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as Indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufactured, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from seeds of the plant.
CANNABIS BUSINESS ESTABLISHMENT. A medical or adult use cultivation center, a medical or recreational dispensing organization, recreational cannabis craft grower, recreational cannabis processing organization, recreational cannabis infuser organization, or recreational cannabis transporting organization as defined below:
(1) RECREATIONAL CANNABIS CRAFT GROWER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to time, and regulations promulgated thereunder.
(2) RECREATIONAL CANNABIS CULTIVATION CENTER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
(3) RECREATIONAL CANNABIS DISPENSING FACILITY. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
(4) RECREATIONAL CANNABIS INFUSER ORGANIZATION OR INFUSER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
(5) RECREATIONAL CANNABIS PROCESSING ORGANIZATION OR PROCESSOR. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
(6) RECREATIONAL CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER. An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
(7) MEDICAL CANNABIS CULTIVATION CENTER. A facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations or businesses with usable medical cannabis pursuant to the Compassionate Use of Medical Cannabis Program Act (P.A. 98-122), as it may be amended from time to time, and regulations promulgated thereunder.
(8) MEDICAL CANNABIS DISPENSING FACILITY. A facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia or related supplies and educational materials to registered qualifying patients. Also includes dispensing organization or dispensary organization, or dispensary.
CANOPY OR MARQUEE. A roof-like structure that projects permanently and continuously from the exterior wall or a building or from a free standing support.
CARDHOLDER. A qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card by the department of public health.
CAR WASH. A facility where motor vehicles are detailed and washed by hand, by mechanical devices, or both, excluding temporary car washes organized for civic or charitable purposes.
CARDHOLDER. A qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card by the Department of Public Health.
CARE FACILITY. A building, a neighborhood group of one to four unit buildings or a group of multi-family buildings, comprising an aggregate of two or more acres, which provide long term care for residents 18 years of age or older, and which shall consist of the following levels of service:
(1) AMBULATORY. A facility which provides care to individuals without hospitalization or other institutionalization.
(2) ASSISTED LIVING. A special combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living such as bathing, dressing, grooming or meal preparation and may include without limitation, common dining and social and recreational features, special safety andconvenience features designed for the needs of the elderly, such as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doorways designed to accommodate wheelchairs, and the provision of social services for residents which may include meal services, transportation, housekeeping, linen and organized social activities.
(3) EXTENDED CARE OR SKILLED NURSING HOME. A special combination of housing with available 24-hour medical care, including without limitation, short term rehabilitation (physical therapy) and long- term care for people with chronic ailments or disabilities that require daily attention of a skilled nursing staff in addition to help with personal care such as bathing, dressing, grooming, meal preparation or mobility.
CARGO OR FREIGHT TERMINAL. A building or premises in which cargo or freight is received or dispatched.
CARPORT. A structure without substantial walls used solely for shelter for private passenger vehicles.
CARTAGE COMPANY. A business that provides local (within a town, city or municipality) pick up and delivery service.
CATERING ESTABLISHMENTS.A facility whose primary purpose is to provide food, generally in large quantities, for banquets or for special events which are held off the premises not including a carry out restaurant.
CEMETERIES, CREMATORIES, OR MAUSOLEUMS. Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, related sales, and related maintenance facilities.
CLEAN CONSTRUCTION AND DEMOLITION DEBRIS (CCDD). Uncontaminated broken concrete without protruding metal bars, bricks, rock, stone, reclaimed or other asphalt pavement or soil generated from construction or demolition activities. CCDD does not include uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures and roads provided the uncontaminated soil is not commingled with any CCDD or other waste. For purposes of this definition, uncontaminated soil may include incidental amounts of stone, rock, gravel, roots, and other vegetation.
CLEAN CONSTRUCTION AND DEMOLITION DEBRIS FILL OPERATION. A current quarry, mine, or other excavation where CCDD is used as fill material.
CLUB OR LODGE, PRIVATE. A group or association of persons who are bonafide members paying dues which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. It shall he permissible to serve food and meals on such premises provided adequate dining room space and kitchen facilities are available. The sale or serving of alcoholic beverages to members and their guests shall he allowed provided such sale or serving is in compliance with applicable federal, state and municipal laws.
CO-LOCATION. Placement of wireless telecommunications equipment from more than one service or service providers on a single tower or site.
COMMERCIAL EQUIPMENT. A variety of heavy machines that perform specific construction or demolition functions, such as hoisting, excavating, hauling, grading, paving, drilling, or pile driving, under power.
COMMERCIAL SCHOOL. A school which principally offers, for profit, specific courses of instruction in business, trade, industry or other trained skills, but does not offer academic instruction equivalent to the standards prescribed by the School Code of Illinois.
COMMERCIAL VEHICLE. A motorized vehicle other than a passenger car, passenger van, or recreational vehicle used by a household for non-commercial personal or family transportation, for recreation, or for van pooling or ride-sharing use and trucks licensed to 8,000 pounds or less gross motor weight, so long as they meet all other vehicle ordinances.
COMMUNITY CENTER. A building owned, leased and operated by a governmental agency or a non-profit organization for recreational, educational or entertainment purposes.
COMMUNITY RESIDENCE. A residential building housing not more than five developmentally disabled persons living with professional staff who function as surrogate parents. A COMMUNITY RESIDENCE does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason is substance abuse. Prior to the issuance of an occupancy permit, the group home shall obtain any required license or certificates from the appropriate federal, state, or county agencies.
COMPREHENSIVE PLAN. The officially adopted plan for the physical development, conservation and redevelopment of the village.
CONCEPT PLAN. A report in map and text form submitted as the first phase of a Planned Unit Development (PUD) proposal, depicting the location, general purpose, general type of land use and circulation patterns, primary relationship between site elements, and between the proposed development and surrounding developments, proposed general schedule of development and information on the applicant.
CONDITIONAL PUBLIC USE. The use of property other than as permitted public uses as defined in this section by a public utility, railroad or governmental body for the provision of public utilities or services, including sewerage, water supply, electricity, gas, public safety, transportation and communication. CONDITIONAL PUBLIC USES shall include but shall not be limited to: power plants or substations; water or sewage treatment plants, reservoirs, or pumping stations; railroad and utility buildings; and public transportation facilities, including shelters, garages, terminals, parking and turnaround areas, and service buildings.
CONDITIONAL USE. A zoning entitlement as provided by state statute for certain land uses that have special characteristics and cannot be allowable generally in a particular zoning district, but which may be allowed under special conditions and which is therefore subject to the prior approval of a conditional use permit.
CONSTRUCTION. The on-site erection, fabrication, installation, alteration, demolition, or the removal of any building, structure, facility, or addition thereto, and all related activities including, but not restricted to, clearing of land, earth moving, blasting, and landscaping.
CONSTRUCTION YARD. An establishment with space used for stock piling CCDD, uncontaminated soil, and other fill related material; bulk storage of landscape and building material; heavy construction equipment and machinery; and which may include the provision of services; the fabrication of building related products; the operating of machinery; and the construction yard’s business office.
CONTRACTOR’S OFFICE. A room or group of rooms used for conducting administrative, clerical and general office (business) affairs, and may include a design showroom but shall not include on site, outdoor storage of contractors vehicles, equipment, and materials.
CONTRACTOR’S SHOP. An establishment used for conducting administrative, clerical and general office (business) affairs, design showroom, indoor
repair, maintenance and or indoor storage of contractor vehicles, equipment and materials.
CONVENIENCE STORE. A small retail establishment solely for the purpose of selling pre- packaged food, tobacco, periodicals, beverages, and other household items, in limited size and produce choices with the intent of quick service. Reheating and/or selling of already prepared/pre- packaged food for consumption off the premises does not make a convenience store a restaurant.
COURT. Any open space other than a yard bounded on two or more sides by the walls of one or more buildings.
COURT, OUTER. A court that is not an inner court.
COVERED FACILITY. A small wireless facility that is collocated:
(1) In a right-of-way in any zoning district; or
(2) Outside rights-of-way in property zoned exclusively for commercial or industrial use.
CURB LEVEL. The height of the established street curb abutting a street line measured at the midpoint of such line. Where no curb has been established, the curb level shall be considered to be the established level of the surface of the street abutting the street center line opposite the midpoint of the street line. On lots abutting more than one street line, the average of the measurements at the midpoints off all street lines shall determine the curb level.
CURIE. A unit of radioactivity equal to 3.7 multiplied by 10 to the 10th power disintegrations per second.
DAY CARE CENTER, ADULT. Any facility operated for the purpose of providing care, protection, and guidance to three or more adults during only part of a 24-hour day.
DAY CARE CENTER, CHILD. A facility that receives more than three or more children during any 24-hour period for daytime care and that provides personal care, protection, supervision, training and other programs. CHILD DAY CARE CENTERS exclude:
(1) Kindergartens and other programs run by public or private schools or churches;
(2) Centers conducted on federal, state or local governments premises;
(3) Facilities operated in connection with a shopping center or other facilities where children are cared for while their parents or custodians are in the vicinity and readily available; and
(4) Special and activities conducted periodically by civic, charitable and government organizations.
DECIBEL. A unit or measurement of the intensity or loudness of sound.
DECK. A raised platform over 16-inches above grade, open to the sky, which may or may not be directly attached to the principal building or structure. If not directly attached to the principal building, it should be connected by stairs, walkway, or some other distinct means.
DENSITY. The number of dwelling units per acre of land. Gross density refers to the number of units per acre of the total land to be developed. Net density refers to the number of units per acre of land devoted to residential use.
DENSITY BONUS. An increase in the number of residential dwelling units on the site in order to provide an incentive for the preservation of open space and/or construction of affordable housing pursuant to this chapter.
DESIGNATED CAREGIVER. A person who:
(1) Is at least 21 years of age;
(2) Has agreed to assist with a patient's medical use of cannabis;
(3) Has not been convicted of an excluded offense; and
(4) Assists no more than one registered qualifying patient with his or her medical use of cannabis.
DISABILITY. Any person whose disability: i) is attributed to mental, intellectual or physical impairment or a combination of mental, intellectual or physical impairment; ii) is likely to continue for a significant amount of time or indefinitely; iii) reflects the persons need for a combination and sentience of special interdisciplinary or generic care, treatment or other service which are of a life-long or extended
duration; or iv) results in functional limitations in three or more of the following areas of major life activities
(1) Self-care;
(2) Receptive or expressive language;
(3) Learning;
(4) Mobility;
(5) Self-direction;
(6) Capacity of self living; and
(7) Economic self sufficiency.
DOG RUN, ENCLOSED. An outdoor area enclosed on all sides by a fence for the exclusive purpose of continuous or occasional confinement of one or more animals commonly kept as household pets.
DRIP LINE. The perimeter formed by the points furthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.
DRIVE-THROUGH ESTABLISHMENT. An establishment at which patrons may be served without leaving their motor vehicle. Any restaurant, bank, dry cleaning establishment or other business having drive-up or curb service facilities shall be considered a drive-through establishment.
DRIVEWAY. An access lane that provides access from a right-of-way to a parking space, whether open, such as a parking pad or parking lot, or enclosed, such as a garage or parking structure, intended for use by persons residing, employed, or otherwise visiting the lot on which it is located.
DWELLING. A building or portion thereof designed and/or used exclusively as a residence. A dwelling unit shall include those types listed below, but shall not include, boarding or lodging houses, nursing homes, motels, hotels, tourist homes, cabins, tents and recreational vehicles.
(1) EFFICIENCY. A dwelling unit consisting of just one principal room together with bathroom, kitchen facilities, closet space, and sleeping facilities.
(2) MULTI-FAMILY. A building consisting of three or more dwelling units.
(3) SINGLE-FAMILY. A residential building consisting of a single dwelling unit.
(4) SINGLE-FAMILY ATTACHED. A single-family dwelling attached to one or more other single-family dwellings by one or more common vertical walls with each dwelling located on a separate lot.
(5) SINGLE-FAMILY DETACHED. A single-family dwelling separated from other dwelling units by open space.
(6) TWO-FAMILY. A building consisting of two dwelling units.
(7) TOWNHOUSE. A dwelling unit that is attached to one or more other dwelling units on the same lot and that has an individual private ground-level entrance to the outside and not portion of which is located above any other unit or portion thereof.
DWELLING UNIT. Space within a building designed or used exclusively as living quarters for one family, and which includes cooking, bathing, sleeping and toilet facilities.
EASEMENT. A right possessed by one party to use the land or air above the land belonging to another party for a special purpose or purposes.
EDUCATIONAL INSTITUTION. A public or private school, college, university, seminary, museum, library, or similar educational or cultural establishment.
ENCLOSED, LOCKED FACILITY. A room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients.
EXCAVATION. Removal, stripping, or disturbing of soil, earth, sand, rock, gravel or other similar substance from the ground. Also, see OTHER EXCAVATION, as defined herein.
FAA. The Federal Aviation Administration of the United States Department of Transportation.
FAMILY. Any number of persons related by blood, adoption, or marriage, or up to three persons not so related, living together in one dwelling unit as a single household, together with up to two household
employees but excluding more than two roomers, boarders, or permanent paying or non-paying guests.
FCC. The Federal Communications Commission.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The independent Federal agency that, in addition to carrying out other activities, administers the National Flood Insurance Program (NFIP).
FEDERAL INSURANCE ADMINISTRATION (FIA). The component of FEMA directly responsible for administering the flood insurance aspects of the NFIP.
FENCE. A structure or barrier used as a boundary, screen, separation, means of privacy, protection or confinement, and is constructed or made of wood, plastic, metal, wire mesh, masonry, vegetation or other similar material.
FENCE HEIGHT. The height of a fence, hedge or wall measured from the ground level at the lowest grade level within three feet of either side thereof.
FENCE, OPEN. A fence, in which less than 50% of its surface is closed when viewed from a right angle.
FENCE, SEMI-OPEN. A fence that has, over its entirety, more than 50% of the superficial surface consisting of regularly distributed openings.
FENCE, SOLID. A fence that is not an open fence.
FILL OPERATION. A CCDD fill operation or Uncontaminated Soil Fill Operation (USFO).
FILLING. The placing of any soil, earth, sand, rock, gravel, or other similar substance on the ground.
FIREPROOF CONTAINER. An enclosure designed to prevent the release of radioactive materials that is made of steel or concrete or similar materials but not of lead or other low melting metals or alloys unless completely encased in steel or concrete.
FLOOD FRINGE. That portion of a flood plain that excludes the floodway.
FLOOD INSURANCE RATE MAP (FIRM). The insurance and floodplain management map issued by FEMA that identifies, on the basis of detailed or approximate analysis, areas of 100-year flood hazard in a community.
FLOOD LIGHT. A powerful light, typically in a group of several lights, used to illuminate the exterior of a building.
FLOOD PLAIN. The land consisting of the floodway and the flood fringe that is subject to inundation by a 100-year flood.
FLOODPRONE AREA. Any land area susceptible to being inundated by flood water from any source.
FLOODWAY. That portion of the flood plain, including the channel, that is reasonably required to discharge the bulk of the waters from a 100-year flood.
FLOOR AREA. The sum of the gross horizontal area of space contained on all floors measured in square feet from the exterior faces of the exterior walls of each building, or from the center line of party walls separating two buildings. FLOOR AREA includes space in accessory buildings; all cellar, basement, and attic space; and space for stairs, elevators, maintenance areas and equipment areas except as provided in the definitions in this section of FLOOR AREA, GROSS and FLOOR AREA, NET. For structures devoted to bulk storage of materials, every ten feet of building height shall be considered as one floor for purposes of calculating floor area.
FLOOR AREA, GROSS. A measure of FLOOR AREA, as defined in this section, used for purposes of calculating conversions of existing structures. GROSS FLOOR AREA is floor area excluding only:
(1) Areas devoted to off-street parking or off-street loading, including aisles, ramps and maneuvering space;
(2) Attic or half-story space having headroom of seven feet or less;
(3) Exterior balconies and open porches;
(4) Space on the roof used for mechanical equipment; or
(5) Basements where half or more of the ceiling height is below grade.
FLOOR AREA, NET. A measure of floor area as defined herein used for purpose of calculating off-street parking and off-street loading requirements. FLOOR AREA, NET is floor area that excludes:
(1) Areas devoted to off-street parking or off-street loading, including aisles, ramps and vehicle maneuvering space.
(2) Areas devoted primarily to storage and not located within selling or working spaces, except for facilities such as warehouses where the principal use is storage.
(3) Basement or cellar areas not devoted to retailing activities, offices, or production or processing of goods.
(4) Elevator shafts and stairwells.
(5) Maintenance shafts and rooms.
(6) Washrooms.
(7) Display windows and fitting rooms.
For ease in administration, FLOOR AREA, NET may also be calculated as 85% of FLOOR AREA, GROSS.
FLOOR AREA RATIO. The total floor area as defined herein, of all buildings on a lot divided by the area of the lot.
FREQUENCY. The number of oscillations per second in a sound wave, a measure of the pitch of the resulting sound.
FRONTAGE. The length of all property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead ended, all of the property abutting on one side between an intersecting street and the dead end of the street.
FUNERAL HOME. An undertaking establishment, funeral parlor, or mortuary which may include a single-family as an accessory use.
GARAGE. A structure or part thereof used or designed to be used primarily for the enclosed parking or storage of motor vehicles, boat or trailers, but excluding exhibition areas, showrooms or other facilities for display of such vehicles in shows or exhibits or in connection with their being offered for sale, rent or lease.
GARAGE, PUBLIC. Any building or premise, other than a WRECKING YARD as defined in this section, where more than one motor vehicle is stored for compensation.
GARAGE, STORAGE. A building or premises used only for the housing of motor vehicles pursuant to previous arrangements and not by transients, and where not equipment or parts are sold and vehicles are not rebuilt, serviced, repaired, hired or sold, except that fuel, grease or oil may be dispensed within the building to vehicles stored therein.
GEOTHERMAL ENERGY SYSTEM. A renewable energy system using equipment that circulates relatively constant ground temperatures through buildings using an underground based piping system and a heat pump.
GOLF COURSE. A tract of land design with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, maintenance facility with outdoor storage, restrooms, and shelters as ancillary uses. A driving range may be designed as a stand-alone facility or included as part of a golf course, which is defined as a tract of land equipped with distance markers, clubs, balls, and tees for practicing the hitting of golf balls, and may include a snack bar and pro shop.
GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of building, or directly beneath a sign, more than five feet from the street line, the grade is the sidewalk elevation at the center of the building. Where there is no sidewalk the grade shall be established by the Village Engineer.
GROSS LEASABLE AREA (GLA). The total floor area in a commercial building or shopping center that is designed for the occupancy and exclusive use of tenants, measured from outside wall faces and from the centerline of joint partitions. GLA includes sales areas and integral stock areas but excludes public or
common areas such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, lobbies, and open and enclosed mall areas.
GROUND FLOOR AREA. The lot area covered by a building measured from the exterior faces of exterior walls but excluding open porches, patios, or terraces, garages, or carports.
GUEST. A person or persons staying in a vacation rental guestroom or home overnight and having a permanent residence at an address other than the address of the vacation rental temporarily occupied.
GUESTROOM. A sleeping room or group of rooms within a dwelling unit, forming a separate area,
used or intended to be used for sleeping, but not for cooking purposes. A vacation rental guest may not stay overnight in any portion of the vacation rental not designated as a guestroom.
GUN/FIREARM SHOP. An establishment that sells guns/firearms and gun/firearm accessories as well as offers classroom safety training. Any gun/firearms shop with a shooting range is classified as a “Shooting Range.” A gun/firearms shop does not include an establishment that offers a limited inventory of guns/firearms and associated accessories as an ancillary service.
HEALTH CLINIC. A place for care, diagnosis and treatment of persons needing medical, dental or surgical attention but where in- patient is not provided.
HEALTH CLUB. A facility designed for the major purpose of physical fitness or weight reducing, which includes, but is not limited to, such equipment as weight resistance machines, whirlpools, saunas, showers, and lockers. This shall not include municipal or privately owned recreational and sports training facilities.
HEDGE. Planted vegetables, including trees, shrubs or other natural vegetation, that is planted in close proximity or clustered together and that has a surface areas that obstructs the view.
HOME OCCUPATION. A business, profession, occupation or activity which is conducted wholly within a residential dwelling unit or accessory building, by a resident of the dwelling, and is incidental and secondary to the residential use of the lot and which does not adversely and/or perceptively affect the character of the lot or surrounding area.
HOME DAY CARE. An owner occupied residence where care, protection and supervision are provided for less than 24 hours a day for more than three children, but not to exceed eight children, under the age of 12. The total number of children shall include the family’s biological and/or adopted children under the age of 12.
HOSPITAL. An establishment that provides accommodations, facilities and services over a continuous period of 24 hours or more for observation, diagnosis and care, of two or more individuals not related by blood, marriage or adoption to the operator, who are suffering from illness, injury, deformity, or abnormality, or from any condition requiring obstetrical, medical or surgical services.
HOTEL. A building containing lodging rooms, a general kitchen and dining room, a common entrance lobby, halls and stairways; and where each lodging room does not have a doorway opening directly to the outdoors except for emergencies; and where more than 50% of the lodging rooms are for rent to transient guests for a continuous period of less than 30 days.
HOTEL, APARTMENT. An establishment having the character of a hotel but in which at least 50% of the accommodations are for occupancy by guests staying 30 consecutive days or more.
HYDROPONICS. The cultivation of plants by placing the roots in soilless or nutrient solution other than soil. Hydroponics may include other similar uses including, but not limited to, aeroculture.
ILLUMINATION, EXTERNAL. Illumination by an artificial source of light not internal to the sign face.
ILLUMINATION, INTERNAL. Illumination by an artificial source of light internal to the sign face.
IMPERVIOUS SURFACE COVERAGE, FRONT YARD. Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to buildings, patios, paved parking and driveway areas, walkways, sidewalks and paved recreation areas (such as, basketball court, tennis court and swimming pools). This would exclude public sidewalks on private property. To determine the percentage of impervious surface covered, divide the total square footage of the impervious surfaces by the total square footage of the front yard.
IMPROVEMENTS. Any man made, immovable item which becomes part of, placed upon, or is affixed to, real estate.
INTENSITY OF USE OF LOT. That portion of the area of a lot which is occupied by or which may be occupied under this ordinance by a buildings and their accessories.
INTERNET SALES. Also known as electronic commerce or e-commerce consisting of the buying and selling of products or services over the internet with no display of products outside.
JUNKYARD. An open area where waste or used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including scrap iron and other metals, paper, rags, rubber tires and bottles. Uses carried on entirely within enclosed buildings and establishments engaged only in the processing of scrap metal to be sold for the manufacture of steel are not considered junkyards.
KENNEL, COMMERCIAL. Any lot or premises or portion thereof on which more than four dogs, cats, and other household domestic animals over four months of age are kept, or on which more than two such animals are boarded for compensation or kept for sale.
LIGHT, CUTOFF. The point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated (cutoff) at a specific angle above the ground.
LIGHT, CUTOFF ANGLE. The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted.
LIGHT, FIXTURE. The assembly that houses the lamp or lamps including all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.
LIGHT, FOOTCANDLE. A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one standard candle.
LIGHT, GLARE. Light emitted from a luminaries with an intensity great enough to reduce a viewer’s ability to see, cause discomfort and, in extreme cases, cause momentary blindness.
LIGHT, LAMP. The component of a luminaries that produces the actual light.
LIGHT TRESPASS. The shining of light produced by a luminaries beyond the boundaries of the property on which it is located.
LIGHTING, DIRECT. Light emitted directly from the lamp, off a reflector or reflector diffusers or through the refractor or diffuser lense of a luminaries.
LIGHTING, EXTERIOR. The illumination of an outside area or object by any manmade device located outdoors that produces light by any means.
LIGHTING, INDIRECT. Direct light that has been reflected or scattered off other surfaces.
LODGING ROOM. A room rented as sleeping or living quarters, but without cooking facilities and with or without an individual bathroom. In the case of a suite of rooms, each room shall be counted as one lodging room.
LOT. A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit. The following are different types of lots:
(1) CORNER LOT. A parcel of land situated at the intersection of two or more streets or adjoining a curved street at the end of a block.
(2) REVERSED CORNER LOT. A corner lot, the rear of which abuts the side of another lot.
(3) DOUBLE FRONTAGE LOT. A lot having frontage on two non-intersecting streets.
(4) FLAG LOT. A substandard log of record that does not have its full frontage abutting a street. The lot width shall be measured at the required setback line for the building.
(5) INTERIOR LOT. A lot other than a corner or reversed corner lot.
(6) SUBSTANDARD LOT OF RECORD. Any lot lawfully existing at the time of adoption or amendment of this zoning code that is not in conformance with the dimensional and/or area provisions of this zoning code.
(7) THROUGH LOT. A lot having frontage on two parallel or approximately parallel streets but which is not a corner lot.
(8) ZONING LOT. A tract of land which is designated or required as a tract to be used to attain compliance with the regulations of the zoning district in which it is located, or developed or built upon as a unit, under single ownership or control. A ZONING LOT may or may not coincide with a lot of record.
LOT AREA. The area bounded by the lot lines, the right-of-way line of any street adjoining the lot, and the centerline of the right-of-way of any private access road adjoining the lot. For the purpose of determining the lot area per dwelling unit, the total lot area shall be measured with the exclusion of land in the public or private streets right-of-way and the land dedicated for park or school purposes.
LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTH. The mean average of the lengths of the side lot lines on either side of the lot.
LOT LINE. A property boundary line of any lot, except that where any portion of a lot extends into an
abutting street or alley the lot line shall be deemed to be established at the existing street or alley right- of-way line.
LOT LINE, CORNER SIDE. Any street line that is not a front lot line.
LOT LINE, FRONT.
(1) The only street line bordering a lot;
(2) Otherwise, if the lot is a through lot, every street line; or
(3) Otherwise, if the lot is a corner lot:
(a) The shortest street line; or
(b) Otherwise, if more than one street line is the shortest:
1. The lot line designated as the front lot line on a plat of dedication or plat of subdivision; or
2. Otherwise, the lot line designated as the front lot line by the President and Board of Trustees.
LOT LINE, INTERIOR SIDE. Any lot line that is not a corner side lot line.
LOT LINE, REAR. That lot line which is most distant from and is, or is approximately, parallel to the font lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any lot line that is not a front or rear lot line.
LOT WIDTH. The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.
LUMEN. A unit of luminous flux. One foot-candle is one lumen per square foot. For the purpose of this chapter, the lumen value is the initial lumen output rating of a lamp.
LUMINAIRE. A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
LUMINAIRE, CUTOFF TYPE. A luminaire containing elements such as shields, reflectors, or refractor panels that direct and cutoff a direct view of the light source at a cutoff angle.
MANAGER. An authorized agent of the owner who is located within a 30-mile radius of the vacation rental and is available to respond to complaints at all times during the rental period.
MANUFACTURED/MOBILE HOME. A detached single family dwelling unit designed and used exclusively for year round occupancy and permanent habitation with factory assembled, completely integrated structure designed for permanent habitation, with a permanent chassis, with plumbing and electrical connections for attachment to outside systems but designed to be transported after fabrication on its own wheels or on flatbed trailers and to be ready for occupancy at site except for minor and incidental unpacking, assembly and connection operations. MANUFACTURED/MOBILE HOMES shall not include campers, tents, modular homes, or recreational vehicles.
MANUFACTURED HOME/MOBILE HOME PARK. A parcel(s) designed and intended for residential use exclusively by manufactured and/or mobile homes on permanent foundations with wheels, tongue, lug bolts and hitch permanently removed and wherein each lot occupied by a manufactured/mobile home is owned by the owner of the manufactured/mobile home situated thereupon
MANUFACTURING. The mechanical or chemical transformation of materials or substances into new products including the assembling of components, parts, the manufacturing of products and the blending of materials.
MASSAGE/ACCU-PRESSURE ESTABLISHMENTS. A place of business which provides any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hand or with the aid of any mechanical or electrical apparatus or appliance with or without rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparation used in this practice under such circumstances that it is reasonable expected that the person to whom treatment is provided, or some third party on such person’s behalf will pay money or give other consideration of any gratuity therefore.
MEDICAL AND DENTAL LABORATORY. A place of business devoted to the testing and analysis for the medical profession or to the preparation of dentures and similar for dental preparation.
MEDICAL CANNABIS CONTAINER. A sealed, traceable, food compliant, tamper resistant, tamper evident container or package used for the purpose of containment of medical cannabis from a cultivation center to a dispensing organization.
MEDICAL CANNABIS CULTIVATION CENTER. A facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.
MEDICAL CANNABIS DISPENSING ORGANIZATION. A facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia or related supplies and educational materials to registered qualifying patients. Also includes dispensing organization or dispensary organization, or dispensary.
MEDICAL CANNABIS INFUSED PRODUCT. Any food, oils, ointments or other products containing usable cannabis that are not smoked.
MENTAL HEALTH CENTER. Any institution providing in-patient or out-patient care or therapy for the mentally ill, developmentally disabled, alcoholics, abusers of controlled substances or others needing psychological therapy but which does not serve as a residence for such individuals.
MINE. An excavation created for the purpose of extracting ore or minerals, including but not limited to coal. Also see Quarry, as defined herein.
MINING AND RECLAMATION OPERATIONS. Mining operations and all activities necessary and incidental to reclamation of such operations. Also see SURFACE MINING, as defined herein.
MOBILE HOME. A detached single- family dwelling unit designed and used exclusively for residential occupancy with plumbing and electrical connections for attachment to outside systems but designed to be transported after fabrication on its own wheels or on flatbed trailers and to be ready for occupancy at is site except for minor and incidental unpacking, assembly and connection operations.
MOBILE HOME PARK. Any lot or tract of land other than a mobile home subdivision or mobile home sales or storage lot upon which three or more mobile homes used for habitation are located.
MOBILE HOME SUBDIVISION. A subdivision designed and intended for residential use exclusively by mobile homes on permanent foundations with wheels, tongue, lug bolts and hitch permanently removed and wherein each lot occupied by a mobile home is owned by the owner of the mobile home situated thereupon.
MODULAR HOME. Also known as panelized or prefab, is constructed of premade parts and unit modules at a factory. Wall panels, trusses, and other pre-fabricated house parts are transported on a flatbed truck from the factory to the building site then joined together by local contractors. At the building site, these house sections are lifted onto the foundation where they are permanently anchored. They do not rest on a steel chassis. Modular homes must conform to the building and zoning codes for the locations where they are erected.
MOTEL. A building or buildings designed for transient, occupancy containing lodging rooms or suites accessible through a common hall or separate outside entrances, providing living sleeping and bathroom facilities. No room shall be equipped with kitchen facilities.
MOTOR FREIGHT TERMINAL. A building or premises the principal use of which is the receipt of freight for forwarding or trans- shipment or the dispatching of freight by motor vehicle.
MOTOR VEHICLE. Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.
MOTOR VEHICLE REPAIR, MAJOR. Includes 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 motor vehicles, trailers, and/or boats.
MOTOR VEHICLE REPAIR, MINOR. Includes incidental repairs, replacement of parts, and motor service to motor vehicles. MOTOR VEHICLE REPAIR, MINOR shall include but shall not be limited to such businesses as general automotive repair, transmission shops, muffler shops, lube shops, and brake shops. MOTOR VEHICLE REPAIR, MINOR shall not include any operations specified under MOTOR VEHICLE REPAIR, MAJOR.
MULTI-TENANT CENTER. A non- residential development under unified control consisting of two or more separate non-residential establishments as allowed pursuant to the use tables within this chapter and sharing a common building, or which are in separate buildings that share a common access/entrance way and/or parking and in conformance with the planned unit development standards.
NONCONFORMITY. Any characteristic of a use, building, structure or lot that was lawful prior to the effective date of this chapter or of any amendment thereto but which does not conform to all of the requirements of the zoning district in which the property is situated.
NONCONFORMITY, ACTIVITIES. Any activities or function lawfully carried on at the premises at the time of enactment of this chapter but that is not thereafter allowed by the permitted and conditional uses of the zoning district in which the premises are located.
NONCONFORMITY, DESIGN. The design or intended use of all or substantially all of the premises for any use not allowed by the permitted and conditional uses of the zoning district in which it is located, irrespective of the nature of the activities carried on at that premise.
NONCONFORMITY, STANDARDS. Any nonconformity other than an activities or design nonconformity.
NURSING HOME. An extended care facility licensed or approved to provide full-time convalescent or chronic care to individuals who by reason of advanced age, chronic illness or infirmity are unable to care for themselves.
OCCUPANCY. The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use.
OCTAVE BAND. All the frequencies between a given frequency and double that frequency.
OCTAVE BAND FILTER. An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound-level meter to take measurements in specific octave intervals.
ODOR THRESHOLD VALUE. The minimum concentration of odorous material in air that can be detected by the normal human nose as determined by the American Society for Testing and Materials Method D1 391-57, Standard Method for Measurement of Odor in Atmospheres (Dilution Method), or its equivalent.
OFFICE, BUSINESS OR PROFESSIONAL. A use or structure other than a medical use where business on professional activities such as administrative, clerical, and general office affairs are conducted and business or professional services are made available to the public.
OFFICE, MEDICAL OR DENTAL. The office of a member of the medical profession requiring licensing by the state and maintenance of professional standards applicable to the field which services are provided on an out-patient basis.
OFF-STREET LOADING SPACE. An open, hard, dust free 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 trucks, tractors and trailers to avoid undue interference with the public use of streets and alleys.
OFF-STREET PARKING SPACE. An open, hard, dust free surfaced area of land, other than a street, public way, or off-street loading space, that is adequate for parking an automobile with room for opening doors on both sides together with maneuvering room and properly related access to a public street or alley.
OPEN SALES LOT. Open land that is used or occupied for the purpose of buying and selling merchandise, passenger cars, trucks, motor scooters, motorcycles, boards, nursery plants or supplies, or monuments, or for the storing of same prior to sale thereupon, and that is provided with a permanent, durable, and dustless surface and is drained to dispose of all surface water.
OTHER EXCAVATION. A pit other than a quarry or mine created primarily for the purpose of extracting resources, including, but not limited to, clay or other soil and does not include holes, trenches, or similar earth removal created as part of normal construction, removal, or maintenance of a structure, utility, or transportation infrastructure. Also see EXCAVATION, as defined herein.
OUTDOOR DINING FACILITIES. Outdoor seating in connection with a restaurant.
OUTDOOR STORAGE. An area, place or space on a zoning lot and accessory to a principal building, structure or use, where goods, materials, personal property, equipment, vehicles, and other related items are placed and kept.
OVERBURDEN. All of the earth and other m materials which lie above natural deposits of coal, clay, stone, sand, gravel, or other minerals, and also means such earth and other materials disturbed from their natural state in the process of surface mining.
OVERLAY ZONING DISTRICT. An overlay zoning district is a mapped area with restrictions and standards beyond those in the underlying zoning. An overlay district is used to achieve planning objectives, which may not be achievable through the underlying zoning. Where conflicts arise between the overlay district and the underlying zoning, the overlay district restriction apply.
OWNER.
(1) An individual, association, syndicate, partnership, corporation, trust or any other legal entity holding an equitable or legal ownership interest in land, buildings, structures, dwelling unit(s) or other property; or
(2) An individual with a least a 50% legal or beneficial ownership interest in the property on which a vacation rental is situated.
PARAPET. That portion of a wall that extends above the roof.
PARTICULATE MATTER. Material, other than steam or water vapor, suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.
PATIO. A leveled landscaped and/or surfaced area not to exceed a height of 16-inches.
PAWN SHOP/CASH CONVERTER FACILITY. A building or use, the principal purpose of which is the lending of money on deposit or pledge of personal property, or dealing in the purchase of personal property on condition of selling the same back at a stipulated price.
PERFORMANCE STANDARD. A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, glare, heat or other effects generated by or inherent in uses of land or buildings.
PERMITTED PUBLIC USE. Poles, towers, tunnels, conduits, wires, cable, vaults, laterals, pipes, drains, mains, valves, hydrants and similar distribution equipment for public services or utilities; fire alarms and police call boxes; traffic signals; and pay telephones.
PERMITTED USE. A use allowable within a zoning district without a conditional use permit.
PERSONAL WIRELESS SERVICE. Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
PHILANTHROPIC AND CHARITABLE INSTITUTION. An office and meeting hall used exclusively by a non-profit public service organization.
PLANNED UNIT DEVELOPMENT. A tract of land of two acres or more initially under the same ownership or unified control which is developed with one or more principal use buildings as an integral unit based on a plan that allows for more flexible standards than would normally apply in order to provide a higher quality of design and amenity than would otherwise be possible under the strict district standards.
PLAT OF SURVEY. A plat prepared by a licensed surveyor containing the legal description of the premise thereon showing:
(1) The legal boundary lines of the property;
(2) The locations of all improvements and monuments thereupon;
(3) All encroachments; and
(4) The boundaries of all existing streets, easements, rights-of-way and areas dedicated to public use within 200 feet of the property as all of the foregoing exist as of the date of filing.
PLAYHOUSE. A freestanding accessory structure, exclusively for the use of children.
PORCH. A covered protection from the front or corner side wall of a principal building that may or may not use columns or other ground supports for structural purposes and which is primarily used to provide an extension of the principal building.
PORCH, ENCLOSED. A porch enclosed by walls, screens, lattice or other material on more than two sides. A screened in porch is considered an ENCLOSED PORCH.
PRINCIPAL BUILDING. A non- accessory building in which is conducted the principal use of the lot on which it is located.
PUBLIC UTILITY. Any public, private, quasi-public person, firm, corporation, or municipal department duly authorized to furnish, under public regulation, to the public, electricity, gas, steam, telephone, transportation, cable television, water, sanitary, and any other related service.
QUARRY. An open surface excavation or pit created for purpose of extracting stone, rock, sand and gravel. Also see MINE, as defined herein.
RADIATION HAZARDS. The harmful effects of all radiations capable of producing ions in their passage through matter, including electromagnetic radiations such as x-rays and gamma rays and particulate radiations such as electrons or beta particles, protons, neutrons and alpha particles.
RECLAMATION. Conditioning areas affected by mining operations to achieve the purpose of the Village of Lakemoor Comprehensive Plan and the Surface Mined Land Conservation and Reclamation Act.
RECREATIONAL AND SPORTS TRAINING FACILITY. A public or private facility for individual or group recreational or social activity, including but not limited to tennis or racquet clubs, gymnasiums, specialized fitness training facilities.
RECREATIONAL VEHICLE. A vehicular-type unit, with or without temporary living quarters, used in conjunction with recreation, camping or travel use. A RECREATIONAL VEHICLE may be self-propelled with its own motor, or may be mounted on or drawn by another vehicle, including travel and utility trailers, boat/snowmobile or other recreational vehicle trailer, fifth-wheel travel trailers, camping trailers, tent trailers, truck campers, pickup coach, motor home, converted buses, boats, ATVs, motor homes, or any other vehicle with state R.V., R.T., or T.A. license plates.
RECREATIONAL VEHICLE PARK. A contiguous parcel of land which has been developed for the non-permanent placement of recreational vehicles and/or tents; recreational vehicle parks may not be operated in whole or in part for the lease or rent of such vehicles by the park owner or operator, nor can any such vehicle be inhabited for the purpose of a permanent year round dwelling.
REFUSE. All waste products resulting from human activity except sewage.
RELIGIOUS INSTITUTION. A church, synagogue, temple, convent, monastery or other premises devoted to religious, spiritual or church- connected activities.
REM. A quantity of ionizing that, when imparted to a biological system, has the same effect as an absorbed does of one roentgen of x-rays per gram of living matter.
RESEARCH LABORATORY. A building or buildings housing facilities for scientific research, investigation, testing or experimentation but not primarily housing facilities for the manufacture, sale or storage of products.
RESTAURANT. Any building or part thereof where food is cooked or prepared for compensation, for the general public and for immediate consumption on or off the premises. A restaurant shall not include a convenience store. Live entertainment must be provided as an ancillary use to a restaurant. Live entertainment does not include adult entertainment as defined in “adult use.”
RIGHT-OF-WAY. A strip of land used for passage of motor vehicles, railroads, or pedestrians or for the location of utility or communications lines. An access easement shall not be considered a RIGHT-OF-WAY.
RIGHT-OF-WAY PUBLIC. A RIGHT- OF-WAY as defined in this section dedicated to or owned by a public body and available for use by the general public. In the case of public street, the right-of-way
normally includes the curbs, lawn strips, and lighting and drainage facilities.
RINGELMANN CHART. A chart described in the U.S. Bureau of Mines Circular 6888 or its successor upon which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke or its equivalent.
RINGELMANN NUMBER. The number of the area of the Ringelmann Chart that coincides most nearly with the light-obscuring capacity of the emission or smoke observed.
SALON. Any establishment where cosmetology services are provided including hair care, nail care, and skin care on a regular basis for compensation. Massage therapy services may be provided as an accessory function/use to the salon operation.
SCHOOL. An institution conducting regular academic instruction at the kindergarten, elementary, middle school and high school levels.
(1) PUBLIC SCHOOL. A public institution which offers general academic instruction equivalent to the standards prescribed by the School Code of Illinois.
(2) PRIVATE SCHOOL. A non-public institution which offers programs accepted by the State of Illinois in lieu of public instruction.
SEATING AREA. Interior and exterior areas associated with a restaurant related use and used to consume food or beverages on the customer side and which provide access to areas such as buffets, bars, or serving tables.
SHOOTING RANGE. An indoor facility for the discharging of guns/firearms for the purpose of target practice and/or live fire training.
SIGN. Any visual or graphic device designed through use of words, numbers, characters or symbols to inform or attract attention and which is designed to be visible from outside any building or structure in which, upon which, or attached to which it may be located.
(1) ANIMATED. A sign that uses moving or changing lights to depict action, movement or the optical illusion of movement of part of the sign structure, sign, or pictorial segment, or including the movement of any illumination or the flashing of varying of light intensity to create a special effect or scene. Animated signs do not include electronic message signs.
(2) ATTENTION GETTING DEVICE. Signs, devices, or ornamentation designed for the purpose of attracting attention or promotion, except as otherwise expressly permitted in this chapter. Attention getting devices include banners, sails/feather signs, temporary on-premises signs and the like. Federal, state, or local flags or flags of fraternal, religious, and civic organizations, banners, and temporary holiday decorations are not considered attention getting devices.
(3) AWNING/AWNING SIGN. An awning is a roof like cover design for protection from the weather or as a decorative embellishment, which projects from a wall or roof of a structure over a window, walkway, or door, with no supports that extend to the ground. An awning sign is printed or displayed upon an awning.
(4) BALLOON SIGN. A sign or advertising device designed to be airborne or inflated and tethered to the ground or other structure. This includes any air inflated signs and any signs that inflate and move via air inflation.
(5) BANNER. A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to a building, light pole, or ground so as to allow movement of the sign caused by movement of the atmosphere.
(6) BILLBOARDS (OFF-PREMISES) SIGN. A sign that directs attention to an activity, business, cause, commodity, entertainment, event, organization, person, product, profession, or service conducted, sold, offered, operating or having premises elsewhere than on the lot on which the sign is located.
(7) BLADE (PROJECTING) SIGN. A sign that is attached to a rigid structure that extends more than 18 inches beyond the surface of the structure to which it is attached. A marquee is not considered a blade sign.
(8) CANOPY AND MARQUEE. A sign, other than an under canopy sign, attached to or constructed in or on a canopy or marquee structure.
(9) CHANGEABLE MESSAGE BOARD SIGN. A sign designed where a portion of the sign area allows for a message to be changed manually. A changeable message board sign does not include electronic message signs or portable reader board sign.
(10) CONSTRUCTION. A non-illuminated sign displayed prior to or during construction and removed thereafter that identifies a building under construction together with such information as the owner, the manager, the contractor, and subcontractors, the architect and engineer, the source of financing, the projected date of completion, the major tenants, and related information
(11) DIRECTIONAL. A sign that serves solely to direct pedestrian or vehicular traffic or parking within a premise(s) or to provide related instructions of facility information but that contains no advertising other than the name and logo of the business on the premise.
(12) ELECTRONIC MESSAGE SIGN. A sign designed where a portion of the sign area uses changing light emitting diodes (LED's), fiber optics, light bulbs or other illuminating devices within the electronic display panel(s) to form a message or messages in text and/or image from where the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. Time, temperature, and gas sales price signs are not considered electronic message signs.
(13) FLAG. Flags of any nation, state, municipality, or political subdivision, flags officially designated as a national, state, or local symbol, or flags of fraternal, religious, and civic organizations. Pennants, sails and other similar attention getting devices are not considered flags.
(14) FLASHING. A type of attention getting device/sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation of an externally mounted intermittent light source. ELECTRONIC MESSAGE SIGNS as defined in this section are not considered FLASHING SIGNS.
(15) GROUND SIGN. A freestanding sign that is placed on or supported by the ground, independent of the principal structure on the lot, designed with a monument base that is an integral part of the structure. A ground sign must be designed so that the width of the base or decorative posts is at least 50% and no more than 110% of the width of the sign face.
(16) NAME PLATE. A non-illuminated sign that states only the names, addresses, and trades or professions of one or more businesses or occupants of the lot where the sign is placed.
(17) NON-COMMERCIAL MESSAGE. The expression of non-commercial ideas and messages. A non-commercial message does not direct attention to a business, product, service, commercial entertainment, or other activity offered on or off the premises.
(18) NON-DURABLE. A sign made of paper, cloth, or other non-durable material, or any sign not affixed to a building or to the ground.
(19) PORTABLE. Any sign that is moveable, and not permanently attached to the ground, a structure or another sign.
(20) REAL ESTATE. A non-illuminated sign used to offer for sale, lease or rent the property upon which or within which the sign is place or to announce an open house or that the property has been sold.
(21) ROOF. A sign erected or maintained upon or over a roof with its principal support on the roof structure. A sign that is erected or maintained upon but projects no more than 12 inches from the face of that portion of a mansard roof that is vertical or approximately vertical and that does not extend above the highest point of the vertical portion of the roof, shall be considered a wall sign and not a roof sign.
(22) TEMPORARY. A sign, including banners, pennants, flags, searchlights, twirling signs, sandwich type signs, sidewalk or curb signs, balloons or other air or gas filled figures, that is displayed for a period of less than 30 days.
(23) UNDER CANOPY. A sign projecting from and beneath a canopy.
(24) WALL. A sign erected upon or parallel to an outside building wall which does not extend more than 12 inches from the face of the wall or higher than the highest point of the roof or the top of the parapet, whichever is higher.
(25) WINDOW, PERMANENT. A sign placed inside or upon a window and designed to be visible from outside a building with the purpose of identifying for a period of 30 days or more the proprietor or name of a business. Window displays of merchandise and signs of less than one-half square foot in area that are part of such displays and are not affixed to windows shall not be considered signs for purposes of this chapter.
(26) WINDOW, TEMPORARY. A sign placed inside or upon a window and designed to be visible from outside a building with the purpose of attracting attention for a period of less than 30 days.
SIGN AREA. The total exposed surface on each facing devoted to a sign’s message, including all ornamentation, embellishment and symbols but excluding any supporting structure that does not form part of the sign consisting of individual letters or symbols against a wall shall be the sum of the areas within rectangular envelopes completely enclosing each separate letter of symbol or attached group thereof.
SIGN, CLEARANCE. The distance to grade from the lowest edge of a sign excluding any pole or support structure attached to the ground.
SIGN EMBELLISHMENT. Any framing or trim attached to or superimposed upon a sign.
SIGN FACING. The surface of a sign upon, against or through which the message is displayed or illustrated.
SIGN, HEIGHT. The vertical distance measured from average grade as measured at the public sidewalk, right-of-way, or curb level to the highest point of the sign. Where a sign is equally close to more than one public street, the mean average of the curb levels of each street shall be used to determine sign height.
SITE AREA, NET. The acreage of land excluding the rights-of-way of streets within a bordering a development.
SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and (ii) all other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground- based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
SMOKE UNITS, NUMBER OF. The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading is made at least once
every minute during the period of observation, each reading is multiplied by the time in minutes during which the emission is observed, and the various products are summed to give the total number of smoke units during the period of observation.
SOLAR FARM. A facility, situated on at least ten acres, where the principal use is the production of electric power through the conversion of sunlight into an energy source.
SOUND-LEVEL METER. Any instrument standardized by the American Standards Association for measurement of the intensity of sound.
SPECIAL FLOOD HAZARD AREA (SFHA). Area subject to inundation by the base flood, designated Zone A, A-1, AE, AH, AO, V, V1-V30, or VE.
STORAGE. A space or place within a building where goods, materials, or personal property is placed
or kept for more than 24 consecutive hours.
STORY. That portion of a building included between the top surface of any floor and the top surface of the floor next above, or, if there is no floor above, the ceiling next above.
STORY, HALF. A space under a sloping roof where the line of intersection of roof decking and wall is nor more than three feet above the top floor level and in which space not more than 60% of the floor area is completed for principal or accessory use.
STREET. A public or private right-of-way as defined in this section that affords a primary means of motor vehicle access to abutting property and/or provides for the movement of traffic.
STREET LINE. The dividing line between a lot, tract or parcel of land and the right-of-way of a contiguous existing or dedicated street or planned street included in the major street plan of the village.
STRUCTURAL ALTERATIONS. Any change except those required by law or ordinance, which would prolong the life of the supporting embers of a building or structure such as: bearing walls, columns, beams or girders, not including openings in bearing walls s permitted by other ordinances.
STRUCTURE. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or freestanding wall, television antenna towers, earth stations, or other devices receiving electronic signals. A sign, billboard, or other advertising medium, detached or projecting, shall be construed to be a structure.
STRUCTURE, TEMPORARY. A building or structure designed, built, created, installed, or occupied for a short and/or intermittent period of time including tents, trailers, and other roofed buildings or structures on wheels or other supports used for residential or non-residential purposes.
SURFACE MINING. The mining of any minerals by removing the overburden lying above natural deposits thereof, and mining directly from the natural deposits thereby exposed or the deposition of the overburden therefrom. Also see MINING AND RECLAMATION OPERATIONS, as defined herein.
TELECOMMUNICATIONS CARRIER. A telecommunications carrier as define in Public Utilities Act as of January 1, 1997.
TOWING OPERATION. Any business which offers the services of a vehicle wrecker or towing service, whereby motor vehicles are or may be towed or otherwise removed from one place to another by the use of a motor vehicle adapted to and designed for that purpose, without offering any additional services such as auto repair, and including outside storage of towed vehicles.
TOXIC MATERIAL. Any liquid, sold or gaseous substance which if discharged into the environment could, alone or with other substances likely to be present in the environment, cause or threaten to cause bodily injury, illness or death to members of the general public through any body surface. Substances that are corrosives, irritants, strong sensitizers, or radioactive substances shall be considered toxic substances.
TRAILERS. A non-motorized vehicle, other than a mobile home or manufactured home that is equipped with wheels, towed behind a motorized vehicle, and commonly used for the transport of goods and materials.
TREE HOUSE. An accessory structure which utilizes one or more trees for structural support and/or incorporates the tree into the design.
UNCONTAMINATED SOIL. Soil generated during construction, remodeling, repair or demolition of utilities, structures, and roads that does not contain contaminants in concentrations that pose a threat to human health and safety and the environment.
UNCONTAMINATED SOIL FILL OPERATION (USFO). A current or former quarry, mine, or other excavation where uncontaminated soil is used as fill material but does not include a Clean Construction and Demolition Debris (CCDD) fill operation.
USE. The purpose or activity for which land or structures thereon are designed, arranged or intended of for which they are occupied or maintained.
USE, PRINCIPAL. The main use to which premises are devoted comprising at least 80% of the floor area and primary purpose for the premises and parcel
USE, TEMPORARY. A principal or accessory use that is established for a period of less than one year and is discontinued within that time period.
VACATION RENTAL. A dwelling unit or portion thereof located in a residential zoning district and offered for overnight lodging on a temporary basis to paying guests, in no more than six guestrooms for a period of less than 30 consecutive days, to any person other than a member of the owner’s family. Vacation rental owners may, but are not required to, live in the vacation rental during the periods in which the property is rented. VACATION RENTAL shall include all forms of short-term rentals/leases and AIRBNBs, but shall not include HOUSE SWAPPING, where a homeowner switches or trades homes with another homeowner in a different town for a short period of time for a vacation and no money is exchanged.
VARIANCE. A variance or variation is relief from specific requirements of this chapter with regard to the structure(s) on a lot, but not to the use of structures, where such variations will be in harmony with the general purpose and intent of this chapter and not contrary to the public interest, and where, due to conditions peculiar to the property and not the direct result of the actions of the owner, a literal enforcement of this chapter would result in practical difficulties or unnecessary hardship which may or may not be granted, subject to the terms of this chapter.
VISION CLEARANCE TRIANGLE. A triangular area located at the at-grade intersection of streets, railroads, driveways or any combination thereof, formed by the right-of-way lines (or the edge of the driveway or aisle in the case of a driveway) between their intersection and points 15 feet from their intersection along each line (or eight feet in the case of a driveway), and by a straight line connecting these two points.Wherever a right- of-way has an arc, the lot lines are extended to the intersection and the 15-foot measured distance begins from the point where the lot lines are extended to the intersection.
WIND ENERGY CONVERSION SYSTEMS (WECS). Any device that converts wind power to another form of energy, such as electricity or heat (also referred to by such common names as wind charger, wind turbine, or wind mill).
WRECKING YARD. Any premises where there are stored in the open two or more motor vehicles,
including automobiles, trucks, and construction and farm implements-or trailers, boats, or mobile homes, which are not in usable condition and have not been restored to useable condition within 30 days of their arrival, or where parts thereof are stored in the open.
YARD. An open space on a zoning lot other than a court that is required to remain unoccupied and unobstructed above ground by any structure or part or projection thereof from its lowest level to the sky, except as otherwise permitted in this chapter. Yard requirements are as measured horizontally irrespective of the slope of the land. The following are the specific definitions for each type of yard:
(1) CORNER SIDE YARD. That part of the yard, on a corner lot, lying between the exterior side lot line and the nearest line of the principal building and extending from the front yard to the rear lot line.
(2) FRONT YARD. A yard extending the full width of a zoning lot between the lot line which fronts on a street and nearest line of the principal building. On a corner lot, the smaller of the two dimensions adjacent to a street shall be considered the front yard.
(3) INTERIOR SIDE YARD. That part of the yard lying between the side lot line and the nearest line of the home, and extending from the front yard to the rear yard.
(4) REAR YARD. That part of the yard lying between the rear lot line and the nearest line of the principal building and extending across the full width of the rear lot line for an interior lot or to the corner side yard on a corner lot.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 17-O-11, passed 3-9-2017; Ord. 17-O-12, passed 3-9-2017; Ord. 18-O-14, passed 5-15-18; Ord. 19-O-02, passed 1-15-19; Ord. 19-O-20, passed 9-17-2019; Ord. 20-O-03, passed 3-3-2020; Ord. 20-O-21, passed 11-17-2020)