For the purposes of this title and in order to carry out its provisions and intentions, certain words, terms, and phrases shall be deemed to have the meaning ascribed to them in this chapter.
The words "used" as applied to any land or structure shall be construed to include "arranged", "designed", "maintained", "occupied", and "intended".
The following words, terms, and phrases are hereby defined and shall be interpreted as such throughout this title.
ABUTTING: Having a common border with, or being separated from such common border by, an alley or easement.
ACCESS: A means of vehicular entry to or exit from property.
ACCESSORY BUILDING: See definition of "building, accessory".
ACCESSORY STRUCTURE: See definition of "structure, accessory".
ACRE: Forty three thousand five hundred sixty (43,560) square feet.
ADEQUATE DOWNSTREAM STORMWATER CAPACITY: A stormwater management facility shall be considered to have adequate downstream stormwater capacity if the facility can be shown to accommodate up to and including 100-year stormwater runoff without increasing property damage to the adjacent property or to a point downstream known to be restriction causing backwater.
ADULT RESPITE CARE CENTER: Any person, group of persons, agency, association or organization, whether established for gain or otherwise, who or which receives or arranges for the care of adults which include related or unrelated adults (persons 18 years of age or older). The term "adult respite care center" or "adult respite care facility" includes facilities commonly referred to by name or by operation as "adult respite care facilities", "adult respite care centers", and "adult respite care homes", but does not include any group homes or any center or facility with overnight accommodations for such adults, other than for caregiver(s) and/or the caregiver's family.
ADULT USE CANNABIS: Cannabis which is sold, purchased, possessed, and used in compliance with the Cannabis Regulation and Tax Act.
ADULT USE CANNABIS BUSINESS ESTABLISHMENT(S): A cultivation center, craft grower, processing organization, dispensing organization, and/or transporting organization as those terms are defined in the Cannabis Regulation and Tax Act as said Act may be amended from time to time, and which are or may be licensed and/or otherwise regulated pursuant to said Act.
ADULT USE CRAFT GROWER: A facility operated by an organization or business that is or may be licensed by the Illinois Department of Agriculture pursuant to the Cannabis Regulation and Tax Act 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.
ADULT USE CULTIVATION CENTER: A facility operated by an organization or business that is or may be licensed by the Illinois Department of Agriculture pursuant to the Cannabis Regulation and Tax Act to cultivate, process, transport (unless otherwise limited by the Cannabis Regulation and Tax Act), and perform other necessary activities to provide cannabis and cannabis-infused products to cannabis business establishments as defined in the Cannabis Regulation and Tax Act, as said Act may be amended from time to time.
ADULT USE DISPENSING ORGANIZATION: A facility operated by an organization or business that is or may be licensed by the Illinois Department of Financial and Professional Regulation pursuant to the Cannabis Regulation and Tax Act to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies as defined in the Cannabis Regulation and Tax Act, as said Act may be amended from time to time.
ADULT USE INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is or may be licensed by the Illinois Department of Agriculture pursuant to the Cannabis Regulation and Tax Act to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product.
ADULT USE PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is or may be licensed by the Illinois Department of Agriculture pursuant to the Cannabis Regulation and Tax Act 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.
ADULT USE TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is or may be licensed by the Illinois Department of Agriculture pursuant to the Cannabis Regulation and Tax Act to transport cannabis on behalf of an adult use cannabis business establishment or a community college that is or may be licensed under the Community College Cannabis Vocational Training Pilot Program pursuant to said Act.
AGRICULTURE: The tilling of the soil, the growing of crops or plant growth of any kind, including forestry; the maintenance of nonretail greenhouses and nurseries; the raising of livestock, poultry, and customary farm animals for the purpose of farming, providing that such activity is incidental to and subordinate to the tilling of the soil; and the incidental structures for carrying out the above.
AIRCRAFT: Any machine or device, including, but not limited to, airplanes, helicopters, gliders, hang gliders, ultralights, autogiros, dirigibles, and hot air balloons, capable of atmospheric flight.
AIRPORT: Any area of land, water, or both which is used or designed for the landing or taking off of aircraft of any type, or for the location of runways, landing areas, airdomes, hangars, structures, airport runways, grass runways, and other facilities constituting an advantage or convenience to the safe landing, takeoff, and navigation of aircraft, or the safe and efficient maintenance thereof, whether or not facilities are provided for the shelter, servicing and repair of aircraft or for receiving or discharging passengers or cargo and whether or not such areas and facilities are public or are restricted to private use.
ALLEY: A public right-of-way. A minor traffic facility which is used primarily for vehicular access to the back or side of properties abutting upon and having access to another traffic facility.
AMUSEMENT PARK: An area of land, including the structures thereon, which is devoted to a commercial enterprise open to the public, which provides to patrons multiple amusement attractions and/or amusement rides (as defined by State Statute).
APARTMENT: A building containing more than one apartment or dwelling unit, having an entrance to a common hallway or balcony.
APPLICANT: Any person, firm or governmental agency who owns property or the duly appointed representative and wishes to develop that property and one who executes the necessary forms to procure permit to carry out such development from the appropriate agency.
APPROPRIATE USE: Permissible development within the regulated floodway that will be considered for permit issuance.
AUTO BODY REPAIRS AND RESTORATION: The reconstruction, repair, restoration, or painting of damaged or incomplete vehicles, which includes an "auto body shop".
AVERAGE GROUND ELEVATION: The average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.
BASE FLOOD ELEVATION (BFE): The elevation delineating the level of flooding resulting from the 100-year flood frequency elevation.
BASIN PLAN: A study and evaluation of an individual drainage basin's stormwater management and flood control needs.
BASINS: The facilities which provide temporary or permanent impoundments of water for flood control and other water resource purposes.
BOATHOUSE: A structure erected for the purpose of storing boats on an earthen floor or over a water slip.
BUFFER YARD: An area of land, together with a specified amount of landscape materials thereon, which may be required between land uses to eliminate or mitigate adverse impacts. Refer to subsection 10-4-6G of this title.
BUILDABLE AREA OF A LOT: That portion of a lot bounded by the required rear and side yards and the building setback line exclusive of any area which falls in a designated floodplain.
BUILDING: Any structure built or maintained for the shelter or enclosure of persons, animals, chattels, or property of any kind.
BUILDING, ACCESSORY: A subordinate building located on the same lot with the main or principal building, occupied by, or devoted to, an accessory use. When an accessory building is attached to the main or principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building. Accessory buildings shall include, but are not limited to, detached garages and sheds.
BUILDING LINE: A line on a lot, parallel to a lot line or street right-of-way line at sufficient distance to provide the required yards, delimiting the area in which structures are permitted subject to the provisions of this title.
BUILDING, PRINCIPAL: A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.
BUILDING SETBACK LINE: A building line establishing the minimum allowable distance between a street right-of-way line and any structure.
CABIN OR COTTAGE: A dwelling unit designed for temporary seasonal occupancy.
CALIPER: A measurement of the size of a tree equal to the diameter of its trunk measured six inches (6") above natural grade for trees having calipers less than or equal to six inches (6") diameter; and measured twelve inches (12") above grade for tree calipers greater than six inches (6") diameter.
CAMP: Any land, including structures, used for assembly or temporary occupancy by individuals and providing outdoor recreational facilities.
CAMP, COMMERCIAL RECREATIONAL: A camp operated as a commercial enterprise. Commercial recreation camps may provide facilities (cabins, camper bays, tent sites) for the overnight accommodation of guests. In no instance shall a commercial recreation camp provide permanent residential locations.
CAMP, DAY: A camp not providing overnight accommodations.
CAMP, YOUTH: A camp providing overnight camping facilities for groups of young people, such as YMCA camps, Boy Scout camps, and Girl Scout camps.
CANNABIS REGULATION AND TAX ACT: Illinois Public Act 101-027 as said Act may be amended from time to time.
CEMETERY: Any land, and the structures thereon, designed, used or intended to be used for the interment or cremation of human remains.
CHANNEL: A natural or artificial watercourse of perceptible extent which periodically or continuously contains moving water, or which forms a connecting link between two (2) bodies of water. It has a definite bed and banks which serve to confine the water.
CHANNEL MODIFICATION: Alteration of a channel by changing the physical dimensions or materials of its bed or banks. Channel modification includes damming, riprapping or other armoring, widening, deepening, straightening, relocating, lining and significant removal of bottom or woody vegetation.
CHILDCARE FACILITY: Any person, group of persons, agency, association or organization, whether established for gain or otherwise, who or which receives or arranges for the care of children under eighteen (18) years of age, which include related or unrelated children, in addition to the caregiver's own children. The term "childcare center" or "childcare facility" includes facilities commonly referred to by operation as "child daycare facilities", "child daycare centers", "child daycare homes", "child day nurseries", "nursery schools", and "kindergartens", but does not include any State operated institution for childcare, any juvenile detention home, licensed nursing home, or a boarding school or any group homes for children, or any center or facility with overnight accommodations for the caregiver and/or the caregiver's family.
CLEAN FILL: Earth, sand, gravel or rock that contains no sludge, construction waste or debris, composted materials, yard waste, municipal, hazardous or toxic waste materials.
CLUB, COUNTRY: See definition of Country Club.
CLUB, OUTDOOR RECREATIONAL: An organization catering primarily to its membership providing outdoor recreation but no principal building.
CLUB, PRIVATE, INDOOR: An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain; provided that any vending stands, merchandising, or commercial activities are conducted only as required generally for the membership of such club.
CLUB, PRIVATE, OUTDOOR: An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain; the outdoor recreational uses may include, but are not limited to, athletic fields, tennis courts, playgrounds, and areas for picnicking.
CLUSTER, SINGLE-FAMILY, OR CLUSTER SUBDIVISION: A single-family, detached subdivision consisting of three (3) or more residential lots in which the individual lots are clustered, grouped or arranged so as to achieve a more flexible overall design for the purpose of providing more usable open space and protecting sensitive natural areas and features.
COMMERCIAL: Any organization or corporation or group of individuals or individual who operates an establishment having financial profit as an objective.
COMMERCIAL CENTER: A group of four (4) or more commercial establishments, and/or two (2) or more commercial structures located on a zoning lot, which are planned, developed and managed as a unit. Commercial centers include shopping centers and malls, office parks, industrial parks, and related uses.
COMMON OWNERSHIP: The ownership of two (2) or more lots or combinations of lots and portions of lots with contiguous frontage.
COMMUNITY RECYCLING CENTER: An industrial use located and operated primarily for the convenience of residents of a community and devoted to the collection of glass, paper and/or nonferrous metals for eventual reprocessing and recycling into new products.
COMPENSATORY STORAGE: An excavated, hydraulically equivalent volume of storage used to offset the loss of natural flood storage capacity when artificial fill or structures are placed within a floodplain.
COMPENSATORY STORAGE, HYDRAULICALLY EQUIVALENT: Compensatory storage placed between the proposed normal water elevation and the proposed 100-year flood elevation. All storage lost below the existing 10-year flood elevation is replaced below the proposed 10-year flood elevation. All storage lost above the existing 10-year flood elevation is replaced above the proposed 10-year flood elevation.
COMPOSTING: The biological treatment process by which microorganisms decompose the organic fraction of waste, producing compost.
COMPREHENSIVE PLAN: All plans for the orderly development of Lake Villa including all accompanying maps, charts, and explanatory material adopted by Lake Villa board, and all amendments thereto.
CONDITIONAL APPROVAL REGULATORY FLOODWAY MAP CHANGE: Reconstruction approval by IDOT/DWR and the federal emergency management agency of a proposed change to the floodway map. This reconstruction approval, pursuant to this title, gives assurances to the property owner that once an appropriate use is constructed according to permitted plans, the floodway map can be changed, as previously agreed, upon review and acceptance of as built plans.
CONDITIONAL LETTER OF MAP REVISION (CLOMR): A letter which indicates that the federal emergency management agency will revise base flood elevations, flood insurance rate zones, flood boundaries or floodway as shown on an affected flood hazard boundary map or flood insurance rate map, once the as built plans are submitted and approved.
CONDUIT: A general term for any channel, watercourse, sewer or culvert used for the conveyance or movement of water, whether open or closed.
CONSERVATION CLUB: A group, chartered by the state of Illinois, for the conservation of wildlife, land or natural resources.
CONSERVATION DISTRICT: Soil and water conservation district of Lake County.
CONTRACTOR: Any person or firm engaged in construction, landscaping and/or landscape maintenance on a contract basis.
CONTROL, HORIZONTAL AND VERTICAL GROUND: A system of photo identifiable points with established positions or elevations, or both, which are used as fixed references in positioning and correlating map features.
CONTROL STRUCTURE: A structure designed to control the rate of flow that passes through the structure, given a specific upstream and downstream water surface elevation.
CONVENTIONAL SUBDIVISION: See definition of Subdivision, Conventional.
CORRAL: An enclosed area not exceeding one acre in size to be used for the temporary holding of riding animals.
COUNTRY CLUB: An organization catering primarily to its membership which includes, but is not limited to, outdoor and indoor recreation facilities and a clubhouse. A cocktail lounge, dining facilities, game rooms and outdoor game courts are permitted only if a conditional use permit for recreational accessory uses is obtained.
CUTOFF: The point at which all light rays emitted by a lamp, light source, or luminaries are completely eliminated (cutoff) at a specific angle above the ground.
CUTOFF ANGLE: The angle formed by a line drawn from the direction of light rays at the light line perpendicular to the ground from the light source, above which no light is emitted. See following illustration:
DAM: All obstructions, wall embankments or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Underground water storage tanks are not included.
DAMAGE, STORMWATER: Measurable rise in flood heights on buildings currently subject to flooding, flooding and increases in volume or velocity to the point where the rate of land lost to erosion and scour is substantially increased.
DAYCARE FACILITY: See definition of Adult Respite Care Center.
DEPRESSIONAL STORAGE AREAS: Nonriverine depression in the earth where stormwater collects.
DESIGN STORM: A selected storm event, described in terms of the probability of occurring once within a given number of years, for which stormwater or flood control improvements are designed and built.
DETENTION FACILITY: A manmade structure for the temporary storage of stormwater runoff with controlled release during or immediately following a storm.
DETENTION STORAGE: The temporary detaining or storage of stormwater in reservoirs, on rooftops or other areas under predetermined and controlled conditions, with a controlled rate of discharge therefrom.
DEVELOPER: The legal or beneficial owner of a lot or parcel of any land proposed for inclusion in a development, including the holder of an option or contract to purchase.
DEVELOPMENT: The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in the use of any buildings or land; any extension of any use of land or any clearing, grading, or other movement of land, for which permission may be required pursuant to this title.
DEVELOPMENTAL DISABILITY: A physical or mental impairment that substantially limits one or more of a person's major life activities, impairs their ability to live independently, or a record of having such impairment.
DIAMETER AT BREAST HEIGHT (dbh): A measurement of the size of a tree equal to the diameter of its trunk measured four and one- half feet (41/2') above natural grade.
DIRECT DISCHARGE: Discharges of stormwater which have not passed through a detention or retention facility designed to the specification of this title.
DISCHARGE: The outflow of water, silt or other mobile substances passing along a conduit, watercourse, or a channel or released from detention storage.
DRAINAGE: The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE AREA: The area contributing runoff water to a watercourse, drainage system or detention basin. Also, commonly referred to as a watershed.
DRAINAGE BASIN: Subwatershed as indicated in the Lake County comprehensive stormwater management plan.
DRAINAGEWAY: A watercourse identified by the presence of a 5.1 intermittent or perennial flow.
DRAINAGEWAY, FIRST ORDER: The land within ten feet (10') on either side of the centerline of any intermittent or perennial stream which has no upstream tributaries. These constitute the most upstream segments of any natural drainage system.
DRAINAGEWAY, SECOND ORDER: The land within thirty feet (30') on either side of the centerline of any intermittent or perennial stream which is formed by the combination of two (2) or more second order drainageways.
DRAINAGEWAY SOILS: An area of the following seasonally saturated soil types as identified by the soil survey: harpster silty clay loam (67), houghton peter (W97), houghton muck (103, W103), sawmill silty clay loam (107), pella silty clay loam (330, W330), montgomery silty clay (465), granby loamy fine sand (513) or marsh (MA).
DRAINAGEWAY, THIRD ORDER: The land within sixty five feet (65') on either side of any intermittent or perennial stream formed by the combination of two (2) or more second order drainageways.
DRIP LINE: The perimeter of the circular area surrounding the trunk of a tree radius from the trunk for one inch (1") of diameter at breast height.
DRIVE-UP FACILITY: A use conducting all or part of its activity to customers through a drive-up window, station or other point of vehicular access. Such uses include, but are not limited to: drive-up restaurants, drive-in restaurants, drive-up banking facilities, drive-up cleaners, and drive-up photofinishers.
DRY DETENTION FACILITY: A detention facility designed to drain completely after temporary storage of stormwater flows and to normally be dry over the majority of its bottom area.
DUPLEX: A dwelling type consisting of two (2) dwelling units attached side by side under one roof.
DWELLING: A building exclusive of mobile homes, recreational vehicles, hotels or motels as herein defined, containing as principal use one or more dwelling units.
DWELLING GROUP: A building, exclusive of mobile homes, recreational vehicles, hotels or motels as herein defined, providing as a minimum, living, sleeping and toilet facilities for more than three (3) persons not comprising a family.
DWELLING, SINGLE-FAMILY: A dwelling containing one dwelling unit.
DWELLING, TWO-FAMILY: A dwelling containing two (2) dwelling units, each with completely separate entrances.
DWELLING UNIT: A room or group of rooms, providing living quarters for not more than one family.
DWELLING UNIT, ATTACHED: A dwelling unit in a building having a principal use other than as a residence.
EASEMENT: A right afforded a person to make limited use of another's real property, as the right of way.
ELDERLY HOUSING: A residential facility in which each dwelling unit is occupied only by individuals who are sixty two (62) years of age or older, and/or by individuals who are fifty five (55) years of age or older who are residing in the same dwelling unit with another individual who is sixty two (62) years of age or older, and in which other uses, subordinate and directly related to the primary use (such as social, dining, recreational, exercise, medical, health, the sale of convenience items or other uses or services) are provided. All residents must be capable of maintaining a private independent residence.
ELEVATION CERTIFICATES: A form published by the federal emergency management agency that is used to certify the elevation to which a building has been elevated.
ENGINEER OF RECORD: An engineer that designed and certified the final engineering plans or the engineer responsible for the design of engineering improvements in the subdivision and certifies those improvements.
ENGINEER, REGISTERED PROFESSIONAL: An engineer registered in the state of Illinois.
EQUINE: One horse, pony, mule or ass.
EROSION: The detachment and movement of soil or rock fragments by water, wind, ice and/or gravity.
EXCAVATION (OR EXCAVATION OF EARTH PRODUCTS): Any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
FEMA: Federal emergency management agency and its regulations.
FAMILY: Two (2) or more persons related to each other by blood, marriage, or legal adoption, living together as a single housekeeping unit; or a group of not more than three (3) persons, who need not be related by blood, marriage, or legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit; in either case, exclusive of usual domestic servants.
FARM ANIMALS: Any animal customarily raised on farms rather than in residential areas including alpaca, llama, burros, cattle, bison, mink, chickens, turkeys, ducks, geese, donkeys, emus, goats, horses, mules, ostriches, swine, sheep or lambs.
FEDERAL EMERGENCY MANAGEMENT AGENCY: The federal emergency management agency and its regulations codified as 44 CFR 59-79 effective as of October 1, 1986. This incorporation does not include any later editions or amendments.
FEE IN LIEU OF ON SITE DETENTION: A fee assessed to a permit applicant used to contribute to the cost of the capital improvement component of basin plans; such as, regional detention site(s) or improvements to downstream conveyances "in lieu of" constructing on site detention.
FILL: Earth, sand, gravel, rock or any other material which is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved by man to a new location.
FILLING: The act of depositing fill on land, whether submerged or not.
FLOOD: A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD CONVEYANCE PATH: The channel, including on stream lakes, and that portion of the floodplain adjacent to a stream or watercourse, in which is needed to convey the existing and anticipated future 100-year frequency flood discharge with no more than a 0.1 foot increase in stage.
FLOOD FREQUENCY: A period of years, based on a statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded.
FLOOD INSURANCE RATE MAP (FIRM): A map prepared by the federal emergency management agency or HUD that depicts the special flood hazard area (SFHA) within a community. This map includes insurance rate zones and floodplains and may or may not depict floodways.
FLOOD PROTECTION ELEVATION: The base flood elevation plus two feet (2') of freeboard.
FLOOD PROTECTION ELEVATION (FPE): The elevation of the base flood or 100-year frequency flood plus two feet (2') of freeboard at any given location in the special flood hazard area (SFHA).
FLOOD TABLE LAND: The land area contiguous to the floodplain, the elevation of which is greater than the base flood elevation by two feet (2') or less.
FLOODPLAIN MANAGEMENT: An overall program of corrective and preventive measures for avoiding or reducing future flood damage.
FLOODPLAIN, NONRIVERINE: Floodplains not associated with streams, creeks or rivers, such as isolated depressional storage areas, also known as inland depressional floodplain.
FLOODPLAIN (REGULATORY): Floodplains may be either riverine or nonriverine depressional areas. Riverine floodplains are those areas contiguous to a lake, pond, or stream whose elevation is greater than the normal water pool elevation but equal to or lower than the projected 100-year flood elevation. Nonriverine floodplains are depressional storage areas not associated with a stream system to which surrounding lands drain causing periodic inundation by stormwaters. In certain cases, the floodplain may also be known as the special flood hazard area (SFHA). A regulatory floodplain exists along any watercourse draining one hundred (100) acres or more or any nonriverine areas with a surface area greater than one-fourth (1/4) acre for the 100-year event.
FLOODPROOFING: Any combination of structural and nonstructural additions, changes or adjustments to structures or property which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODPROOFING CERTIFICATE: A form published by the federal emergency management agency that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.
FLOODWAY (REGULATORY): The channel, including on stream lakes, and that portion of the floodplain adjacent to a stream or watercourse as designated by the Illinois department of transportation, division of water resources, which is needed to store and convey the existing and anticipated future 100-year frequency flood discharge with no more than a 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a ten percent (10%) increase in velocities.
FLOOR AREA: The sum of the gross floor area of the principal building for each of the several stories under roof, measured from the exterior limits or faces of a building or structure.
FLOOR AREA RATIO (FAR): The floor area of a building or structure shall not exceed the percent of the total area of the lot shown in section 10-3C-2, table 2, column 12 of this title.
FOOT-CANDLE: A unit of illumination produced on a surface, all points of which are one foot (1') from a uniform point source of one standard candle.
FOREST: Area containing mature woodlands and/or young woodlands.
FORESTRY: The clearing of forested or woodland areas (including mature woodlands and young woodlands, as defined herein), provided however, that this does not include: a) authorized clearing of trees in accordance with plans approved pursuant to section 10-4-10 of this title; b) removal of diseased or dead trees; and c) the removal of trees on lots of less than two (2) acres, or less than twice the minimum lot size for the zone in which the lot is located, whichever is less.
FREEBOARD: An increment of height added to the base flood elevation to provide a factor of safety for uncertainties in calculations, unknown local conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.
FRIABLE SOIL: Soil that easily crumbles in a dry state.
FRONTAGE: The distance measured along the front lot line.
FUNCTIONAL ASSESSMENT: Assessments of wetlands flood storage, water quality and other beneficial functions.
GARAGE: A structure or part thereof, designed, used or intended to be used for the parking and storage of motor vehicles.
GARDEN CENTER: A place of business where retail and wholesale products and produce are sold to the consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold, and may include plants, nursery products and stock, fertilizers, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils.
GOLF COURSE: An area of land laid out for the game of golf with a series of holes and including tees, greens, fairways and often one or more natural or artificial hazards. A golf course may include snack shops on the course and may include a clubhouse which may contain dining/banquet facilities, locker room and shower facilities, a pro shop and/or a lounge. A golf practice range to the golf course, provided that it is an integral part of the golf course, is not lighted or operated other than daylight hours and is not operated at hours other than those during which the golf course is open for play. The above accessory uses require a conditional use permit.
GRADE: The average level of the ground adjacent to the exterior walls of the building.
GREENHOUSE: An enclosed structure, permanent or portable, which is used for the growth of small plants.
GREENHOUSE AND/OR NURSERY CENTER: An enterprise where the retail and wholesale of plants grown on the site, as well as accessory items directly related to the maintenance and care of plant life are sold. The accessory items normally sold are clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, hoes, and shovels, etc. However, no power equipment, such as gas or electric lawn mowers and farm implements, may be sold wholesale or retail.
GREENHOUSE NURSERY; SALES AND DISPLAY AREA: The facilities where display of and retail sale of plants and materials are conducted on the premises.
GROUND AREA (LOT COVERAGE): That portion of a lot encompassed by the outside perimeter of the building.
HALLWAY: A corridor, passageway, or hall in a house or building.
HEALTH-MEDICAL USE: Any hospital, general hospital, communicable disease hospital, school or home for the mentally disturbed or retarded, school or home for the physically handicapped, or shelter care home.
HEIGHT OF STRUCTURE: The vertical distance as measured from the average grade to the highest point on such structure.
HOME OCCUPATION: A business, profession, or trade conducted for gain or support and located entirely within a residential building.
HOSPITAL: A health-medical use devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment and overnight care of individuals suffering from illness, disease, injury, deformity or other abnormal physical, mental or emotional conditions or afflictions.
HOSPITAL EMERGENCY HELIPORT: A facility constructed for the taking off and landing of helicopters as a means of providing medical emergency transport. Such a heliport shall be considered an accessory use to the hospital, shall be used exclusively in connection with the hospital, and shall be subordinate to the hospital in area, extent and purpose.
HOTEL: A building designed for transient occupancy containing rooms for suites accessible from a common hall or entrance, providing living, sleeping, and toilet facilities; a general kitchen and a dining room may be provided.
HOTEL SUITE: A room or group of rooms located in a hotel designed to accommodate not more than one family.
HYDRIC SOIL: A soil that is saturated, flooded, or ponded long enough during the growing season to develop an anaerobic condition in the upper part.
HYDROLOGIC AND HYDRAULIC CALCULATIONS: Engineering analysis, which determines expected flood flows and flood elevations based on land characteristics and rainfall events.
HYDROLOGICALLY CONNECTED: A stormwater discharge that is tributary to a channel, wetland, lake or pond and that has an overland flow path of less than two hundred feet (200').
HYDROLOGICALLY DISTURBED: An area where the land surface has been modified to increase runoff, volumes, rates, or directions.
HYDROPHYTIC VEGETATION: Plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excess water content.
IDOT/DWR: Illinois department of transportation, division of water resources (also IDOT-DWR).
ILLUMINATION, MAXIMUM PERMITTED: The maximum illumination measured in foot-candles at the interior line of the buffer yard at ground level.
IMPERVIOUS SURFACE: Surfaces, which do not absorb water. For the purposes of this title, they consist of all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete, asphalt, gravel or compressed earth. In the case of exterior storage areas, such as found in lumberyards, the areas devoted to exterior storage and circulation in those areas shall also be considered to be impervious surface.
IMPERVIOUS SURFACE, ON LOT: The total amount of impervious surface, which is present on a lot.
IMPERVIOUS SURFACE RATIO (ISR): A measure of the intensity of land being occupied by all aboveground structures which are governed by the building setback requirements including inground swimming pools, driveways, sidewalks, etc. See definition of Impervious Surface.
IMPROVEMENTS: Any manmade changes to any land or structure.
INDUSTRIAL PARK: See definition of Commercial Center.
INSTITUTIONAL MIXED USE: A combination of primary uses which may include residential uses and school facilities and supporting medical, health, or physical therapy services for residents and outpatients. The use shall be a campus type integrated use, constructed and operated under single ownership and control and governed by a unified plan. Limited retail and agriculture facilities and operations may be permitted, which are clearly subordinate to and closely associated with the primary uses of the institutional use.
JUNKYARD: Any land or structure, exclusive of recycling centers, used for salvaging operation, including, among other things, the storage and sale of wastepaper, rags, scrap metal, and discarded materials, or the dismantling, storage, and salvaging of unlicensed, inoperable vehicles.
KENNEL: Any place in or at which any number of dogs are kept for the purpose of sale or in connection with boarding, care, or breeding, for which any fee is charged; or any place in or at which more than four (4) dogs over age four (4) months are kept for any purpose.
LAKE: A natural or artificial body of water encompassing an area of two (2) or more acres, which retains water year round.
LAND SURVEYOR (SURVEYOR): An Illinois registered land surveyor.
LANDSCAPE CONTRACTOR: A business principally engaged in the decorative and functional alteration, planting and maintenance of grounds. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground.
LANDSCAPE WASTE: All accumulations of grass or shrubbery cuttings, leaves, tree limbs, and other material accumulated as the result of the care of lawns, shrubbery, vines and trees.
LANDSCAPE WASTE COMPOSTING FACILITY: An establishment for the composting of waste materials accumulated as a result of the care of lawns, shrubs, vines and trees.
LETTER OF MAP AMENDMENT (LOMA): Official determination by FEMA that a specific structure is not in a 100-year flood zone; amends the effective flood hazard boundary map (FHBM) or flood insurance rate map (FIRM).
LETTER OF MAP REVISION (LOMR): Letter that revises base flood or 100-year frequency flood elevations, flood insurance rate zones, flood boundaries or floodways as shown on an effective FHBM or FIRM.
LOT: A single parcel or tract of land.
LOT AREA: The area of a horizontal plane bounded by a vertical projection of the property lines of a lot excluding any street, easement for street purposes, or right of way.
LOT, BUILDABLE AREA OF: That portion of a lot bounded by a building line.
LOT, CORNER: A lot abutting on two (2) streets at their juncture, when the interior angle formed is less than one hundred thirty five degrees (135°).
LOT, FRONT OF: That part of an interior lot abutting the street or that part of a corner lot extending across the narrowest part of the lot abutting the street.
LOT, INTERIOR: A lot other than a corner lot.
LOT, REAR OF: That part of a lot opposite of the front of the lot.
LOT, RECORDED: A lot designated on a subdivision plat or deed, duly recorded pursuant to statute in the county recorder's office. A recorded lot may or may not coincide with a zoning lot.
LOT WIDTH: The width of a lot at the building setback line.
LOT, ZONING: A parcel of land composed of one or more recorded lots, occupied or to be occupied by a principal building or buildings, or principal use or uses, meeting all the requirements for area, buildable area, frontage, width, yards, setbacks, and any other requirements set forth in this title.
LUMINAIRE: A complete lighting unit, consisting of a light source and all necessary mechanical, electrical and decorative parts.
LUMINAIRE, CUTOFF TYPE: A luminaire with elements such as shields, reflectors, or refractor panels, which direct and cut off the light at a cutoff angle that is less than ninety degrees (90°).
MARINA: A boat basin and recreational facility, located on waterfront property, providing moorings for boats, and one or more of the following facilities: boat launching ramps, boat livery, boat sales, maintenance shops, marine supply store, and fuel dock.
MASSAGE ESTABLISHMENT: For the purposes of these Zoning Regulations, the respective definition of “massage establishment”, “massage”, “licensed massage therapist”, and other related terms shall be as set forth in Section 3-7-1, “Definitions”, of Chapter 7, “Massage Establishments; Services”, of Title 3 of the Lake Villa Village Code; and the exemptions from the provisions of Chapter 7, “Massage Establishments; Services”, of Title 3, as set forth in Section 3-7-2, “Exemptions”, shall likewise be the exemptions to these Zoning Regulations.
MEDICAL CANNABIS CULTIVATION CENTER: A "cultivation center" as defined in the "Illinois compassionate use of medical cannabis pilot program act".
MEDICAL CANNABIS DISPENSING ORGANIZATION: As defined in the "Illinois compassionate use of medical cannabis pilot program act".
MINIMUM FLOOR ELEVATION: The lowest elevation permissible for the construction, erection, or other placement of any floor including a basement floor.
MITIGATION: Measures taken to eliminate or minimize damage from development activities, such as construction in wetlands or floodplain filling, by replacement of the resource or other means of compensation.
MOBILE HOME: A dwelling used for long term occupancy, which is designed or constructed so that it may be transported intact; notwithstanding the fact that said dwelling is placed upon a foundation. A mobile home shall be permitted to be located in a mobile home park only.
MOBILE HOME PARK: A subdivision containing mobile homes.
MODULAR/MANUFACTURED HOME: A dwelling manufactured off site, which complies with the provisions of the one- and two-family dwelling code.
MOTEL: A building designed for transient occupancy containing rooms or suites with separate entrances, providing living, sleeping, and toilet facilities.
MUSEUM OR ART GALLERY, COMMERCIAL: A privately owned facility, displaying objects or processes primarily of an educational or cultural nature. Entrance fees are normally collected. Incidental sales are normal, but are limited to food and products directly related to the educational or cultural displays.
NGVD: National geodetic vertical datum of 1929.
NATURAL RESOURCES: Includes all areas of beaches, dunes, bluffs, lakes, ponds, shorelines, wetlands, floodplains, drainageways, forests, steep slopes and erosion hazard areas as herein defined.
NET BUILDABLE SITE AREA: The calculated area of the buildable portion of a lot.
NURSERY: A place where primarily plants, trees and shrubs are grown.
NURSERY SCHOOL: A school or other instructional facility for preschool or kindergarten children that is not a part of an elementary school.
OPEN SPACE: Land which is required by this title to remain as undeveloped and used for recreation, resource protection, or amenity purposes. Open space lands shall be freely accessible to all residents of the development. Open space land shall not be occupied by nonrecreational buildings, roads, road rights of way, or parking areas for nonrecreational uses. Land located within the yards or lots of residential and/or nonresidential properties is not considered open space.
OPEN SPACE RATIO (OSR): The proportion of a site consisting of open space calculated using the base site area.
ORDINARY HIGH WATER MARK: The point on the bank or shore at which the presence and movement of surface waters are continuous so as to leave a distinctive mark, such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other such recognized characteristics.
OWNER: The person having the right of legal title or beneficial interest in or a contractual right to purchase a parcel of land. For the purpose of providing notices required by this title, the owner is the person who last paid taxes on any parcel as identified by county property tax records.
PARCEL: Any legally described piece of land.
PARCEL IDENTIFICATION NUMBER: Permanent index number used to identify properties for tax assessment.
PARK, COMMERCIAL: Any park or recreation area for which an admission fee is charged.
PARK, COMMERCIAL RECREATION: A commercial enterprise providing passive and informal active recreational opportunities (such as picnicking, hiking, swimming, fishing, boating, and nonorganized athletics). Horseback riding or the overnight accommodation of persons in any manner (see definition of Camp, Commercial Recreational) shall not be considered commercial recreation uses.
PARK, COMMUNITY: Any park, public or private, created as a part of, or within the area covered by, a village approved subdivision plat.
PARK, NONCOMMERCIAL: A park or recreation area that is open to the public and for which no fee is charged.
PARK, PUBLIC: A recreational area that is open to the public free of charge.
PASTURE: An area of grass or other vegetative cover grown for the purpose of grazing animals.
PEAK FLOW: The maximum rate of flow of water at a given point in a channel, watercourse, or conduit resulting from a specified storm or flood.
PERFORMANCE/MAINTENANCE GUARANTEE: A financial guarantee to ensure that all improvements, facilities, or work required by this title will be completed or maintained in compliance with this title.
PERMITTEE: Any person to whom a permit is issued.
PERSON: Any individual, public or private firm or corporation, the state of Illinois and its agencies or political subdivisions, and the United States Of America, its agencies and instrumentalities, and any agent, servant, officer or employee of any of the foregoing.
PHOTOGRAMMETRIST: A person engaged in making maps from aerial photographs.
PLANNED DEVELOPMENT: A type of conditional use permit that allows for the orderly and predictable modification of use and development standards that apply to a site when such conditions are necessary to address the specific circumstances presented by a site or proposed development.
POND: A natural or artificial body of water or less than two (2) acres which retains water year round.
PRINCIPAL BUILDING: The main building upon a lot, or the building, which houses the principal use of the premises.
PRINCIPAL USE: The specific primary purpose for which land is used.
PRO SHOP: A room or building incidental to a principal recreational use which may be devoted to the collection of fees or to the sale of recreational equipment or other items or services directly related to the use involved.
PROPERTY LINE: A line bounding a parcel, which divides one parcel from another such as represented on a plat of survey.
PUBLIC: A facility owned and operated by a public body.
PUBLIC FLOOD CONTROL PROJECT: A flood control project, which will be operated and maintained by a public agency to reduce flood damages to existing buildings, structures, and property. The project includes a hydrologic and hydraulic study of the existing and proposed conditions of the watershed. Nothing in this definition shall preclude the design, engineering, construction or financing, in whole or in part, of a flood control project by persons or parties who are not public agencies.
PUBLIC ROAD DEVELOPMENT: Any development activity that takes place in a highway right of way or part thereof that is administered and funded by a public agency under its respective highway jurisdiction.
PUBLICLY DEDICATED ROAD RIGHT OF WAY: Any street which is dedicated for public road purposes.
RECONSTRUCTION: The act of rebuilding a structure.
RECREATIONAL EQUIPMENT: Articles or apparatus used in a pastime, diversion, exercise, or other resource affording relaxation and enjoyment.
RECREATIONAL USE: Recreational facilities providing outdoor and/or indoor recreation not specifically provided for in this title.
RECREATIONAL VEHICLE: A vehicular, portable structure built on a chassis, designed to be used as a temporary occupancy for travel, recreation or vacation uses. Travel trailer, motor home, camping trailer, and pickup coach are deemed synonymous with recreational vehicle.
RECREATIONAL VEHICLE PARK: A parcel on which campsites are established for occupancy by recreational vehicles of the general public as temporary living quarters for purposes of recreation or vacation.
RELIGIOUS RETREAT: A place of group withdrawal for prayer, meditation, study and instruction under a director.
REPAIR, REMODELING OR MAINTENANCE: Activities which do not result in any increases in the outside dimensions of a building or any changes to the dimensions of a structure.
RESIDENCE, CARETAKER'S: A dwelling unit located on the same parcel as a nonresidential principal use and occupied exclusively by either the owner, manager, caretaker, or operator, and his family, of a permitted principal use.
RESORT: A recreation facility providing overnight accommodations for not more than fifty (50) persons, including dining facilities, lounge, and outdoor recreation facilities designed to accommodate not more than the number of persons for which overnight accommodations are provided.
RESTAURANT, CAFETERIA: A food service facility whose principal business is the cooking or preparation of food and beverages which are served to patrons in a ready to consume state for consumption on the premises.
RESTAURANT, FAST FOOD: An establishment whose principal business is the sales of food and/or beverages in a ready to consume state for consumption: a) within the restaurant building, b) within a motor vehicle on the premises, or c) off the premises as carryout orders, and whose principal method of operation is characterized by the service of food and/or beverages in disposable or edible containers.
RESTAURANT, STANDARD: An establishment whose principal business is the sale of food and/or beverages to consumers in a ready to consume state, and whose principal method of operation includes one or both of the following characteristics: a) customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; and/or b) a cafeteria type operation where food and beverages generally are consumed within the restaurant building.
RESTRICTIVE, MORE: A regulation imposed by this title is more restrictive than another if it prohibits or limits development to a greater extent or by means of more detailed specifications.
RETENTION FACILITY: A facility designed to completely retain a specified amount of stormwater runoff without release except by means of evaporation, infiltration or pumping.
RIVERINE: Relating to, formed by, or resembling a stream (including creeks and rivers).
SCHOOL: A place or institution whose principal use is for the instruction of persons.
SCHOOL, BUSINESS: A school, which principally offers specific courses of instruction in business related skills.
SCHOOL, FINE ARTS: A school, which principally offers courses of instruction in the fine arts of music, graphic arts and dance.
SCHOOL, GENERAL EDUCATION: A school that principally offers a broad range of general academic instruction.
SCHOOL, INDUSTRIAL: A school that principally offers specific courses of instruction in industry related skill.
SCHOOL, NURSERY: See definition of Childcare Facility.
SCHOOL, RESIDENTIAL: A school, which provides on site residential facilities. Such a school shall conform to all federal, state, and local standards and regulations as would be applicable to a public school similarly operated.
SHELTERED CARE: Maintenance and personal care, exclusive of nursing, for persons incapable of maintaining a private independent residence.
SHELTERED CARE HOME: A private boarding home, institution, building, residence, or other place, which, through its ownership or management, provides sheltered care to three (3) or more adults who are not related by blood or marriage to the applicant or owner of the property on which said use is located.
SHORE BUFFER: The area located between the shoreline of a lake and a line located one hundred feet (100') inland and parallel to that shoreline.
SHORELINE: The edge of land surrounding a lake. The elevation of the shoreline shall be the highest elevation determined by: a) the observed stage elevation shown on either the USGS flood of record maps or the IDOT floodplain topographic maps, or b) one foot (1') above the maximum discharge elevation of an outlet control structure which controls the water elevation of the lake, or c) the top of any natural bank surrounding a natural lake which has an outlet control structure.
SIGNS: See sign regulations.
SITE DEVELOPMENT: Altering terrain and/or vegetation and constructing improvements.
SITE DEVELOPMENT PERMIT: A permit issued by Lake Villa building and zoning department for the alteration or construction of ground improvements and structures for the control of erosion, runoff, and grading.
SITE DEVELOPMENT PLAN: A plan prepared by an engineer that shows the method, control and implementation of erosion control measures, stormwater runoff, and/or grading of lands for the construction of building(s) and other necessary improvements.
SOIL SURVEY: A publication entitled "Soil Survey, Lake County, Illinois" prepared by the United States department of agriculture, soil conservation service, issued September 1970.
SPECIAL FLOOD HAZARD AREA (SFHA): Any base flood area subject to flooding from a river, creek, stream, or any other identified channel or ponding and shown on a flood hazard boundary map or flood insurance rate map as zone A, AO, A1-30, AE, A99, AH, VO, V30, VE, V, M, or E.
STABLE, COMMERCIAL: A building or land where equine are kept for remuneration, hire, sale, boarding, riding or show.
STABLE, PRIVATE: A building incidental to an existing principal use, which provides shelter for equine for the exclusive use of the occupants of the premises.
STAFF DOCTOR: A doctor employed by a hospital, clinic, or other institution, or a doctor who is "on call" to such institution during certain specified periods of time in case of emergency or other need.
STANDARD SPECIFICATIONS: The "Standard Specifications For Road And Bridge Construction", "Supplemental Specifications And Recurring Special Provisions" or its successor document or documents, as adopted by the Illinois department of transportation, in effect at the time a preliminary plat is approved. The "Standard Specifications For Water And Sewer Main Construction In Illinois" or its successor document or documents, as adopted by the Illinois environmental protection agency in effect at the time a preliminary plat is approved.
STEEP SLOPE: An area of land having a slope of at least ten percent (10%) over an area of five thousand (5,000) square feet and a vertical drop of at least ten feet (10'). Where there are several contiguous slope categories that collectively meet in the area requirement but do not do so individually, the average slope shall be used to determine the category.
STOCKPILE, TEMPORARY SOIL: A mass or mound of soil, typically topsoil that has been stripped.
STORM, 100-YEAR: Rainstorm of varying durations and intensities expected to recur on the average of once every one hundred (100) years or statistically having a one percent (1%) chance of occurring in any single year. A duration of twenty four (24) hours is assumed unless otherwise noted.
STORM SEWER: A closed conduit for conducting stormwater.
STORMWATER DRAINAGE FACILITY: Any element in a stormwater drainage system, which is made or improved by man.
STORMWATER DRAINAGE SYSTEM: All facilities used for conducting stormwater to, through or from a drainage area to the point of final outlet.
STORMWATER MANAGEMENT: A set of actions taken to control stormwater runoff with the objectives of providing controlled surface drainage, flood control and pollutant reduction in runoff.
STORMWATER MANAGEMENT COMMISSION (SMC): The Lake County stormwater management commission establishing and existing under 55 Illinois Compiled Statutes 5/5-1062 for the purposes of developing, revising and implementing a countywide stormwater management plan.
STORMWATER MANAGEMENT SYSTEM: A collection of natural features and manmade facilities, which define the stormwater management for a development.
STORMWATER RUNOFF: The waters derived from melting snow or rain falling within a tributary drainage basin, flowing over the surface of the ground or collected in channels, watercourses or conduits.
STORMWATER RUNOFF, EXCESS: The volume and rate of flow of stormwater discharged for a developed drainage area which is or will be in excess of that volume and rate which existed before development.
STORMWATER RUNOFF, 100-YEAR: The stormwater runoffs from the 100-year storm.
STORY: That portion of a building or structure included between the surface of any floor and the ceiling next above. A basement shall be counted as a story if the floor next above it is more than five feet (5') above the average ground elevation.
STORY, HALF: The portion of a building or structure under only gable, hip, or gambrel roofs, the wall plates of which on at least two (2) opposite exterior walls are not more than two feet (2') above the floor.
STREAM: A course of running water flowing in a channel.
STREET: A place or way, however designated, for vehicular travel, which affords principal means of access to abutting property.
STREET, COLLECTOR: A street which carries traffic from a minor street to a major street.
STREET, MAJOR: A street, except an expressway or a limited access highway, serving as a traffic artery for communication between areas of concentrated development.
STREET, MINOR: A street in a residential area used primarily for access to abutting properties.
STRUCTURE: Anything constructed, erected, or placed, which requires location in or on the ground or is attached to something having a location on the ground.
STRUCTURE, ACCESSORY: Anything constructed or erected with a fixed location on the ground which contributes to and is subordinate and secondary to the principal building and use of a property. An "accessory building" is one type of accessory structure. Accessory structures may include, but are not limited to, dumpsters, trash enclosures, permanent generators, playground equipment, and outdoor fireplaces.
SUBDIVISION, CONVENTIONAL: A single-family, detached subdivision consisting of residential lots meeting all of the requirements of section 10-3C-2, table 2, "Lot Areas, Yard And Bulk Regulations", of this title site capacity calculation, and resource protection open space standards which typically account for all or most of the property area (except rights-of-way and outlots).
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: a) before the improvements or repair is started, or b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a) any project for improvement of a structure to comply with existing State or local Health, Sanitary, or Safety Code specifications which are solely necessary to assure safe living conditions, or b) any alteration of a structure listed on the National Register of Historical Places or a State Inventory of Historic Places.
SWALE: A linear depression in the ground surface which conveys drainage water with side slopes at or less steep than a 3H:1V slope.
TATTOO STUDIO: An establishment, also called a “tattoo shop,” and/or “tattoo parlor,” in which the principal business or activity is providing of tattoos or tattooing. The term “tattooing” also includes a permanent and semi-permanent make-up, cosmetic tattooing, and microblading. A tattoo is a form of body modification where a design is made by inserting ink, dyes and pigments, either indelible or temporary, into the dermis layer of the skin to change the pigment.
TAVERN: An establishment in which the principal business is the sale of alcoholic beverages to patrons for consumption on the premises. A liquor license from the Liquor Commissioner of the Village is required. (A tavern is sometimes also referred to as a "bar", or as a "cocktail lounge", or as a "nightclub".)
TECHNICAL REFERENCE MANUAL (TRM): The "Lake County Stormwater Management Commission Technical Reference Manual". This manual contains design guidance for a development site to meet the watershed development ordinance performance standards.
TEMPORARY SALES: The sale of flowers, food, novelties and other merchandise on a temporary basis not to exceed three (3) days in a week.
TERMINAL, TRUCK: A structure or land primarily used for the temporary storage of goods awaiting transfer or wholesale distribution by means of motor carrier transportation.
TOP DRESSING: The placement of not more than four inches (4") of topsoil within the regulatory floodplain for the purposes of preventing soil erosion and establishing vegetative cover.
TOWNHOUSE: A dwelling containing more than two (2) dwelling units, each having a completely separate entrance at ground level.
TRAFFIC CONTROL MANUAL: The "Illinois Manual for Uniform Traffic Control Devices for Streets and Highways", as published by the Illinois Department of Transportation.
TRAFFIC ENGINEER: A state of Illinois registered professional engineer whose primary work experience has been in traffic engineering.
TRAFFIC FACILITY: Any public or private right of way used for or intended to be used for travel including, but not limited to, an expressway, highway, arterial, street, road, thoroughfare, avenue, lane, place or alley.
TRANSITION SECTION: Reaches of the stream or floodway where water flows from a narrow cross section to a wide cross section or vice versa.
TRAUMA CENTER: A facility devoted primarily to the diagnosis and treatment of individuals suffering from injury or medical emergency.
USE: The purpose or activity for which land, or any structure thereon, is designed, arranged, or intended, or for which it is occupied or maintained.
USE, ACCESSORY: A use which: a) is subordinate to and services a principal building or principal use legally existing on the same zoning lot; b) is subordinate in area, extent and purpose to the principal building or principal use; c) contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and d) is located on the same zoning lot as the principal structure or principal use served.
USE, HEALTH-MEDICAL: Any hospital, general hospital, communicable disease hospital, school or home for the mentally disturbed or retarded, school or home for the physically handicapped, or sheltered care home.
USE, INDUSTRIAL: A use, which is primarily involved in the commercial manufacture of products. Industrial uses include any function primarily involved in assembly, cleaning, compounding, fabricating, manufacturing, mixing, packaging, processing, or production, which results in material output or storing or testing of a product.
USE, INSTITUTIONAL: A use of land employed by public or quasi- public organizations, which provides services to the public, which individuals cannot readily provide for themselves.
USE, OFFICE: A building or portion thereof where services, clerical work, professional duties and related activities are carried out. Services offered are on an individual to individual basis as opposed to services performed on objects or personal property. Office uses include, but are not limited to, barber and beauty shops, brokerage offices, insurance offices, professional offices (i.e., accountants, lawyers, etc.), medical and dental offices or clinics, real estate offices, ticket offices, and travel agencies.
USE, PRINCIPAL: The specific primary purpose for which land is used.
USE, RECREATIONAL: A facility providing for outdoor and/or indoor recreation. Outdoor recreational uses involve no building in excess of one thousand five hundred (1,500) square feet of total floor area and may include, but are not limited to, athletic fields, campgrounds, swimming pools, tennis courts, playgrounds, boat launching ramps, marinas, other areas for picnicking, jogging or cycling, riding trails, ice or roller skating rinks, tot lots, golf driving ranges, archery or firing ranges, parks. Indoor activities include, but are not limited to, bowling alleys, swimming pools, theaters (movie and stage), private clubs, ice or roller skating rinks, racquetball or handball courts, amusement parks, archery or firing ranges, gymnasiums, resorts, stadiums, cabins or cottages (rental) and dance halls.
USE, RESIDENTIAL: A use of land, which provides space for the permanent occupancy of either individuals or families within dwellings. Residential uses include, but are not limited to, single-family dwelling, duplexes, townhouses, apartments, group dwellings and boarding houses.
USE, RETAIL SALES AND/OR SERVICE: A use of land devoted to business operations involved in the retail sale of goods and material commodities to the ultimate consumer and may include the servicing of objects and/or goods so sold, either at the same location or at a location where such servicing is the primary use. Retail sales and/or service uses include, but are not limited to, camera shops, clothing stores, department stores, drugstores, furniture stores, funeral homes, garden centers, grocery stores and supermarkets, gasoline service stations, hardware stores, home appliance stores, hotels and motels, jewelry stores, kennels, veterinary clinics, lawn mower repair shops, laundries and dry cleaners, liquor stores, pawnshops, retail bakeries, restaurants, shopping centers, taverns and lounges, toy stores, tobacco stores, upholstery shops, and vehicle sales, supplies and services.
USE, TEMPORARY: A use established for a fixed period of time with the intent to discontinue the use upon the expiration of the time.
WAREHOUSE, MINI: A building or group of buildings that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the dead storage of a customer's goods or wares. No sales, service or repair activities other than the rental of dead storage units are permitted on the premises.
WATER DEPENDENT: Structures or facilities relating to the use of, or requiring access to, the water or shoreline. Examples of water dependent uses include, but are not limited to, pumping facilities, wastewater treatment facilities, and facilities and improvements related to recreational boating or commercial shipping.
WATERCOURSE: Any natural or manmade depression into which water flows either regularly or intermittently.
WATERSHED: The land area above a given point on a watercourse that contributes stormwater to that point.
WATERSHED DEVELOPMENT PERMIT: A permit established by this title and issued, through the SMC or certified communities, prior to the approval of a building permit signifying conformance with provisions of this title.
WATERWAY: A body of water, such as a lake, pond, continuously flowing stream, creek, river, channel, or canal.
WEEKEND: Saturday and Sunday. National holidays observed on a Friday or Monday may be included.
WET DETENTION FACILITY: A wet detention facility designed to maintain a permanent pool of water after the temporary storage of stormwater runoff.
WETLAND: Land that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, under normal conditions, a prevalence of vegetation adapted for life in saturated soil conditions (known as hydrophytic vegetation). A wetland is identified based upon the three (3) attributes: a) hydrology, b) soils and c) vegetation as mandated by the current federal wetland determination methodology.
WHOLESALE: The sale of goods to retailers or jobbers rather than consumers.
WOODLANDS, MATURE: An area or stand of trees whose total combined canopy covers an area of one acre or more and at least fifty percent (50%) of which is composed of canopies of trees having a diameter at breast height (dbh) of at least ten inches (10"), or any grove consisting of eight (8) or more individual trees having a dbh of at least twelve inches (12") whose combined canopies cover at least fifty percent (50%) of the area encompassed by the grove. Provided, however, that no trees kept or grown for commercial purposes shall be considered a mature woodland.
WOODLANDS, YOUNG: An area or stand of trees whose total combined canopy covers an area of one-half (1/2) acre or more and at least fifty percent (50%) of which is composed of canopies of trees having a diameter at breast height (dbh) of at least three inches (3"). Provided, however, that no trees kept or grown for commercial process shall be considered young woodland.
YARD: The space between a lot line and building line.
YARD, FRONT: A yard extending the full width of the front of a zoning lot between a street right-of-way and the building setback line.
YARD, REAR: A yard extending the full width of the lot in the area between the rear lot line and the rear building line.
YARD, SIDE: A yard located on either side of a zoning lot extending from the front yard to the rear yard between a building line and a lot line or street right-of-way line in the case of a corner lot.
ZONE: An area of the Village of Lake Villa, delimited on the zoning map and subject to a specific set of regulations established in this title.
ZONING CERTIFICATE: A written certification that a structure, use or parcel of land is, or will be, in compliance with the requirements of this title. In the case of any activity, which does not require a site plan review, a permit issued by the Building Enforcement Officer shall also serve as a zoning certificate for the specific activity for which the permit is issued.
ZONING ENFORCEMENT OFFICER: The officer responsible for the enforcement of the zoning and subdivision ordinances of the Village. The building inspector or such other person who shall be so designated from time to time by the Village Board shall be the Zoning Enforcement Officer.
ZONING LOT: See definition of lot, zoning.
(Ord. 2004-01-01, 1-14-2004; amd. Ord. 2005-10-01, 10-12-2005; Ord. 2010-11-02, 11-24-2010; Ord. 2014-05-02, 5-28-2014; Ord. 2019-02-01, 2-4-2019; Ord. 2019-02-05, 2-4-2019; Ord. 2019-11-02, 11-18-2019; Ord. 2020-01-01, 1-6-2020; Ord. 2022-11-04, 11-27-2022)