When used in this Zoning Code, the following terms shall have the meanings herein ascribed to them:
ABUT: To touch, to lie immediately next to, to share a common wall or lot line, or to be separated by only a street, alley, or drainage course.
ACCESSORY BUILDING, STRUCTURE, OR USE: See section 9-9-1 of this title.
ACCESS WAY CONNECTION: A continuous, unobstructed, reasonably direct route between two points that is intended and suitable for vehicle, bicycle or pedestrian use. Access way connections shall include but are not limited to vehicle connections, bicycle and pedestrian connections. No new private or non-public access way connection shall connect to property outside of the village’s municipal boundary lines. No new public access way connection shall connect to property outside of the village’s municipal boundary lines without the express recommendation and approval of the Lake Zurich Village Board.
ADJACENT: To lie near, close to, or in the vicinity.
ADULT BOOTH: Any area of an adult entertainment establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT CABARET: Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:
A. Persons who appear seminude.
B. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
C. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
ADULT ENTERTAINMENT ESTABLISHMENT: An "adult cabaret", "adult store", or "adult theater", as defined in this section.
ADULT MATERIAL: Any of the following, whether new or used:
A. 1. Books, magazines, periodicals, or other printed matter, or digitally stored materials; or
2. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind, that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
B. Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
ADULT STORE: Any commercial establishment: a) that contains one or more adult booths; b) that as a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or c) that has a segment or section devoted to the sale or display of adult materials.
ADULT THEATER: Any commercial establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
ALCOHOLIC LIQUOR: Shall, in addition to its definition in the liquor control act, include the following: any beverage containing any alcoholic content, including those beverages commonly known as or marketed as "near beer", "nonalcoholic beer", or "nonalcoholic wine".
ALCOHOLIC LIQUOR, ACCESSORY PACKAGE LIQUOR SALES ESTABLISHMENT: A business having as a subordinate purpose the retail sales of "alcoholic liquors" in original package for consumption off premises.
ALCOHOLIC LIQUOR, PACKAGE LIQUOR SALES ESTABLISHMENT: A business having as its primary purpose the retail sales of "alcoholic liquors" in original package for consumption off premises.
ALLEY: A public right of way primarily for vehicular traffic along the side or in the rear of properties which affords only a secondary means of access to abutting properties.
ALTERATION: Any change in the size, shape, character, occupancy, or use of a structure.
ALTERATION, STRUCTURAL: See definition of structural alteration.
AMENDMENT: See chapter 18 of this title.
ANTENNA: Any structure designed for transmitting signals to a receiving station or for receiving television, radio, data, or other signals from satellites or other services.
ANTENNA SUPPORT STRUCTURE: Any structure used for the principal purpose of supporting an antenna.
ANTENNA SURFACE AREA: See definition of surface area, antenna.
APARTMENT DWELLING: See "Dwelling, Apartment" in this Section.
APPEAL: See chapter 16 of this title.
ATTACHED, DWELLING: See definition of dwelling, single-family attached.
AUTOMATIC TELLER MACHINE: An automated device that performs banking or financial functions.
AWNING: A rooflike covering, temporary in nature, that projects from the wall of a building.
BASEMENT: A portion of a structure located partly underground having an average ceiling height above grade of more than 3.5 feet but less than six feet (6').
BED AND BREAKFAST ESTABLISHMENT: A single-family detached dwelling that provides sleeping accommodations for charge to the public. See subsection 9-3-3F of this title for requirements and standards applicable to bed and breakfast establishments.
BERM: A hill or contour of land that acts as a visual barrier between a lot and adjacent properties, alleys, or streets.
BICYCLE AND PEDESTRIAN CONNECTION: An access way connection between two points that is intended and suitable for bicycle or pedestrian use. Bicycle and Pedestrian connections include but are not limited to sidewalks, walkways, bicycle paths, stairways and pedestrian bridges. The definition of bicycle and pedestrian connections includes hard surfaced or paved areas on developed parcels, soft-surfaced pathways in parks and natural areas, or rights-of-way or easements for future bicycle or pedestrian improvements on undeveloped parcels or parcels intended for redevelopment. No bicycle or pedestrian connection shall connect to property outside of the village’s municipal boundary lines without the express recommendation and approval of the Lake Zurich Village Board.
BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights of way, bulkhead lines or shorelines of waterways, or corporate boundary lines of the Village.
BOARD OF APPEALS: The Planning and Zoning Commission of the Village. See section 9-12-2 of this title.
BOARD OF TRUSTEES: The President and the Board of Trustees of the Village of Lake Zurich.
BOAT LAUNCH RAMP: An inclined, hard surface slab or slipway on the shore of a water body that extends into the water, upon which trailered boats can be launched and retrieved; such ramp may consist of one or more launch lanes. Such definition of boat launch ramp shall only be applicable to such structures directly associated with and on the premises of an authorized marina, as defined in this chapter. An existing "boat launch ramp" shall be pursuant to the provisions of chapter 11, "Nonconformities", of this title.
BUFFERING: Any means of protecting a parcel from the visual or auditory effects of an adjacent use. Buffering may include, but is not limited to, berming, fencing, landscaping, setbacks, or open spaces.
BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for shelter, enclosure or protection of persons, animals or chattels. Also, see definition of structure. References to "building" shall in all cases be deemed to refer to both buildings and structures.
BUILDING, ACCESSORY: See section 9-9-1 of this title.
BUILDING CODE: The Building Code of the Village of Lake Zurich.
BUILDING DEPTH: The longest straight line that can be drawn through a structure substantially parallel to the side or corner side lot lines of the lot on which it is located.
BUILDING, DETACHED: A building surrounded entirely by open space.
BUILDING, ENCLOSED: A building separated on all sides from the adjacent open area, or from other buildings or structures, by a permanent roof and by exterior walls or party walls, pierced only by windows or doors normally provided for the accommodation of persons, goods or vehicles. However, a parking structure that has less than fifty percent (50%) of its outer wall space open but that does not allow any parked vehicle within said structure to be seen from the exterior thereof shall be considered an enclosed building.
BUILDING HEIGHT: See definition of height.
BUILDING OR STRUCTURE FRONT: That exterior wall of a building or structure facing the front line of the lot on which it is located.
BUILDING PERMIT: A permit issued by the Village of Lake Zurich for the construction, erection or alteration of a structure or building.
BUILDING, PRINCIPAL: A building in which is conducted the principal use or uses of the lot on which said building is situated.
BUILDING WIDTH: The longest straight line that can be drawn through a structure parallel to the front lot line.
BULK AND SPACE REGULATIONS: The regulations of this Zoning Code pertaining to the permissible or required height, volume, area, floor area, floor area ratio, open space ratio, minimum lot area and dimensions, building coverage, lot coverage, usable open space, and density standards applicable to uses and structures. The term does not include yard requirements.
BUSINESS DISTRICT: Any district whose designation begins with the letter "B", as set forth in section 9-2-1 of this title.
BUSINESS USE OR PURPOSE: Any use permitted in a business or shopping district.
CALIPER: The diameter of a tree trunk measured at six inches (6") above ground level for trees less than four inches (4") in diameter at ground level and measured twelve inches (12") above ground level for all other trees.
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 indicia of all strains of cannabis, whether growing or not: the seeds thereof, the resin extracted from any part of the plant: and any compound, manufacture, 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 the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means concentrate and cannabis-infused products.
CANNABIS BUSINESS ESTABLISHMENT: An adult-use recreational cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization. For the purposes of this definition, 80% of such establishment's gross revenue comes from the sale, handling, and transportation of cannabis and cannabis-related products, and in which the sale of other products is merely incidental.
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), Pursuant to 410 ILCS 705/1, et seq," as it may be amended from time-to-time, and regulations promulgated thereunder.
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), Pursuant to 410 ILCS 705/1, et seq," as it may be amended from time-to-time, and regulations promulgated thereunder.
CANNABIS DISPENSING ORGANIZATION: 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), Pursuant to 410 ILCS 705/1, et seq," as it may be amended from time-to-time, and regulations promulgated thereunder.
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), Pursuant to 410 ILCS 705/1, et seq, as it may be amended from time-to-time, and regulations promulgated thereunder.
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), Pursuant to 410 ILCS 705/1, et seq," as it may be amended from time-to-time, and regulations promulgated thereunder.
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), Pursuant to 410 ILCS 705/1, et seq," as it may be amended from time-to-time, and regulations promulgated thereunder.
CANOPY: A rooflike structure of a permanent nature that projects from the wall of a building.
CAR WASH: Any land, "structure", "building" or portion thereof containing facilities for washing, cleaning, polishing, waxing, or drying one or more "motor vehicles" using production line methods with a chain conveyor, blower, steam cleaning equipment, or other mechanical device; or providing space, water, equipment, or soap for the complete or partial hand washing of a motor vehicle. Car washes may include open vacuum bays and a maximum of one open wash bay. The open wash bay shall be screened on both sides by a minimum six-foot (6') wall of the same construction material as the "principal building".
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.
CARRYOUT EATING PLACE: See definition of eating place, carryout.
CELLAR: A portion of a structure located partly or wholly underground having an average ceiling height above grade of not more than 3.5 feet.
CEMETERY: A burial ground including structures such as mausoleums, columbariums, incidental management offices, and maintenance facilities.
CERTIFICATE OF ZONING COMPLIANCE: See chapter 13 of this title.
CIRCULATION AISLE: The means of access to a parking or loading space for a motor vehicle.
CIVIC OR CIVIC USE OR PURPOSE: An undertaking in which the citizens of a community, by their cooperative action and as their central goal, seek to promote the general welfare and common good of the community; in other words, a community movement to accomplish community goals.
CLASSIFICATION OR ZONING CLASSIFICATION: The district into which a parcel of land is placed and the body of regulations to which it is subjected by this Zoning Code and the zoning map.
CLEAR SITE AREA: See section 4-2-1-3 of the Lake Zurich Municipal Code.
CODE: See definition of Zoning Code.
COMMERCIAL BUILDING: A building the principal use of which is a commercial use.
COMMERCIAL ESTABLISHMENT: Any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.
COMMERCIAL OFF-STREET PARKING AREA: A parking area serving more than four (4) residential units or serving non-residential uses including but not limited to educational, religious, commercial (including office and retail), medical, industrial or similar land uses.
COMMERCIAL USE OR PURPOSE: Any use permitted in a business district.
COMPLETELY ENCLOSED BUILDING: See Building, Enclosed.
COMPREHENSIVE PLAN: The composite of the functional and geographic elements of the Official Comprehensive Plan of the Village of Lake Zurich and environs or any segment thereof, in the form of plans, maps, charts, text of reports, implementing ordinances and the Official Map, modified and updated from time to time. Also, see section 9-2-5 of this title.
CORNER LOT: See definition of lot, corner.
CUL-DE-SAC: A minor street having one end open and one end permanently terminated by a vehicular turnaround.
CURB: The permanent edge of a paved surface designed to separate the vehicular travel way from the landscaped parkway.
CURB LEVEL: The street curb height at the midpoint of a lot line. Where no curb exists, the elevation of the crown of the street at the midpoint of the lot line shall be deemed to be the curb level.
CUTOFF: A device used to completely eliminate all light rays emitted by a lamp, luminaire, or other light source at a specific angle above the ground.
CUTOFF ANGLE: The angle formed by the intersection of a straight line drawn perpendicular to the ground at the source of light and a straight line drawn from the light source along the path above which no light is emitted.
DAYCARE: Daytime care or instruction of children away from their own homes by a person other than a relative, whether or not for compensation or reward.
DAYCARE HOME: A dwelling unit in which daycare for children is being provided as a home occupation.
DECK: A structure attached to or closely adjacent to any dwelling unit that is designed and intended for the support of persons; that is made of wood; that has no permanent or temporary cover or canopy; that is constructed on piers and without continuous foundation or footings; and that has no part extending above the floor level of the first story of such dwelling, excluding any cellar or basement; provided, however, that protective, decorative, or ornamental appurtenances such as handrailings, benches, and the like may extend to a height of forty two inches (42") above such floor level.
DEDICATION: The designation of land for a public use by the owner thereof.
DEPTH OF LOT: See definition of lot depth.
DESIGNATED CAREGIVER: A person who: a) is at least twenty one (21) years of age; b) has agreed to assist with a patient's medical use of cannabis; c) has not been convicted of an excluded offense; and d) assists no more than one registered qualifying patient with his or her medical use of cannabis.
DETENTION: Temporary on site storage of stormwater to be released at a predetermined rate by means of facilities engineered for that purpose.
DEVELOPMENT: Any manmade change, other than maintenance of existing structures, paved areas, or utilities, to improved or unimproved real estate, including, without limitation, the construction or installation of new, or enlargement of existing, structures, streets, or utilities; dredging, filling, drilling, mining, grading, paving, or excavating operations; and open storage of materials.
DIAMETER AT BREAST HEIGHT (dbh): The diameter of a tree trunk measured at fifty four inches (54") above ground level.
DIRECT CREMATION: The process of cremation when the deceased is taken directly into the care of the crematorium and shall not include provision for any visitation and/or funeral service. Upon completion of the cremation process, the cremains shall either be delivered by the company or returned via USPS mailing protocol back to the source such as a funeral home or directly to the deceased’s successors or agents.
DIRECTOR OF COMMUNITY DEVELOPMENT: The Lake Zurich Director of the Community Development Department overseeing the functions of Building, Zoning and Code Enforcement.
DISTRICT BOUNDARY LINE: A line on the zoning map separating one district from another. See also subsection 9-2-4C of this title.
DISTRICT BOUNDARY LOT: Any lot or parcel of land any lot line of which coincides with a district boundary line or which is contiguous to any public or private right-of-way containing a district boundary line.
DISTRICT OR DISTRICT, ZONING: See definition of zoning district.
DRAINAGEWAY: Any natural or artificial watercourse, trench, ditch, swale, or similar depression or topographic feature into which surface water flows.
DRIVE-IN EATING PLACE: See definition of eating place, drive-in.
DRIVE-IN ESTABLISHMENT OR FACILITY: An establishment or facility that by design of physical facilities or by service or packaging procedures encourages or permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on or off the premises or to be entertained while remaining in a motor vehicle.
DRIVE THROUGH FACILITY: Any area within a driveway on which business is transacted directly with customers while the customers are located within in a "motor vehicle".
DRIVEWAY: A private accessway that provides direct access from a street to not more than one lot or one principal building or use, such private accessway being constructed primarily outside the street right of way and leading to a parking garage or structure, parking area, parking lot or parking space, loading dock or loading space. A private accessway that provides access to two or more lots of record shall be considered a private street. No new private or non-public driveway shall connect to property outside of the village’s municipal boundary lines.
DRIVEWAY ENTRANCE: A paved way from the roadway to the driveway over the parkway. A driveway entrance shall include the curb cut and the driveway entrance pavement (driveway apron) itself but not the sidewalk.
DWELLING: Any structure or portion thereof designed or used for habitation by one or more families.
DWELLING, APARTMENT: A "building" [SR] or a portion thereof in which a "dwelling unit" [SR] or a portion thereof is located above or below another dwelling unit, or above or below any other independently used portion of the building.
DWELLING, MULTIPLE-FAMILY: A dwelling, other than a townhouse dwelling, containing more than two (2) dwelling units.
DWELLING, SINGLE-FAMILY ATTACHED: See definition of dwelling, townhouse.
DWELLING, SINGLE-FAMILY DETACHED: A dwelling containing only one dwelling unit, situated on a separate subdivision lot or being a separate condominium unit capable of individual sale and completely surrounded by open space.
DWELLING, STAFF: A dwelling where lodging is provided in rooming units exclusively for the administrators, employees, vocational students, or other personnel of a hospital, and their families.
DWELLING, TOWNHOUSE: A dwelling composed of a row of two (2) or more adjoining dwelling units, each situated on a separate subdivision lot or being a separate condominium unit capable of individual sale, and each of which is separated from the others by one or more unpierced walls extending from ground to roof, and each of which is provided with garage space sufficient for at least two (2) vehicles.
DWELLING, TWO-FAMILY: A dwelling, other than a townhouse dwelling, containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall.
DWELLING UNIT: Any room or group of rooms located within a dwelling forming a single habitable unit with facilities that are used or intended to be used for general living by one family, including any such unit in which food or drink is stored on a regular basis, or in which a bed is placed at any time, or in which kitchen or cooking facilities are installed or used at any time.
EASEMENT: Authorization by a property owner for the use by the general public, a corporation or a certain person or persons, and for a specified purpose, of any designated area of his or her property. The term also refers to such a designated area.
EATING PLACE: An establishment where food is available to the general public primarily for consumption within a structure on the premises, where at least fifty percent (50%) of the gross floor area of the establishment is devoted to patron seating, and where the consumption of food in motor vehicles on the premises is neither encouraged nor permitted.
EATING PLACE, CARRYOUT: An establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared, ready to eat foods intended to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is neither permitted nor encouraged.
EATING PLACE, DRIVE-IN: A drive-in establishment, as defined as "drive-in establishment or facility" in this section, where food is prepared and served for consumption in motor vehicles.
EFFECTIVE DATE: See section 9-23A-7 of this title.
ENLARGEMENT: An addition to the floor area of, or any other increase in the size of, any existing structure.
EXTENSION: An increase in the amount of existing floor area used for an existing use within an existing structure or an increase in that portion of a tract of land occupied by an existing use.
EXTERIOR WALL: Any wall of a building or structure one side of which is exposed to the outdoors.
FAMILY: One or more persons related by blood, marriage, legal adoption, or guardianship, or not more than four (4) persons not so related, together with gratuitous guests and domestic servants, living together as a single housekeeping unit.
FENCE: A barrier structure used as a boundary or as a means of protection, confinement, or screening.
FINANCIAL SERVICES: Any commercial or office establishment or business that primarily performs central banking functions (such as issuing currency, managing national money supply and international reserves, and acting as fiscal agent for the central government) and accepts deposits (or share deposits) and lends funds from these deposits, and which establishment may include these services to patrons and customers through an accessory, drive-through, as a special use. Uses include banks; savings associations; savings and loan institutions; investment banking; brokerage securities or commodities; credit reporting services; certified financial planning; accounting; auditing bookkeeping; credit services offices, including credit unions; holdings and investment services; savings and loans association officers; and consumer and mercantile credit reporting services. Financial services does not include pawnshops, businesses primarily engaged in check cashing or issuing money orders or title loan establishments or other businesses offering short term consumer loans secured by personal property, certificates of title to such property, estimated tax refunds or other such collateral (all of which are prohibited money changing/money brokering uses).
FLOOR AREA, GROSS: Except as hereinafter provided, the sum of the gross horizontal areas of all floors of all stories of a building or of such area devoted to a specific use, measured from the exterior face of exterior walls or from the centerline of walls separating two (2) buildings or uses. Gross floor area shall include areas such as elevator shafts and stairwells at each floor; floor spaces and shafts used for mechanical, electrical, and plumbing equipment, except as indicated below or when located on the roof; penthouses; interior balconies and mezzanines; atria; enclosed porches; and floor space used for accessory uses. Gross floor area shall include one-half (1/2) of the floor area of basement floors; one-half (1/2) of the floor area located in the uppermost story of a structure when said uppermost story has a ceiling height of seven feet (7') or more over a floor area that is one-third (1/3) or more but less than one-half (1/2) of the floor area of the next lower story; and all of the floor area located in the uppermost story of a structure when said uppermost story has a ceiling height of seven feet (7') or more over a floor area that is one-half (1/2) or more of the floor area of the next lower story. Gross floor area shall include one-half (1/2) of the floor area of the uppermost level of a multilevel parking structure and all of the floor area of all other levels of all parking structures except basement and cellar levels, which shall be treated like basement and cellar stories. Gross floor area shall not include the floor area of the uppermost story of a structure when said uppermost story has a ceiling height of seven feet (7') or more over a floor area than is less than one-third (1/3) of the floor area of the next lower story; or cellar floor area. Where any space has a floor to ceiling height of more than sixteen feet (16'), each sixteen feet (16') of height or major fraction thereof shall be treated as a separate floor.
FLOOR AREA, NET: The gross floor area of a building minus floor space devoted to washrooms intended for general public use; elevator shafts and stairwells at each floor; floor space and shafts used for mechanical, electrical, and plumbing equipment; public foyers and atria intended for general public use; exterior building walls; floor space devoted to off street parking and loading; and basement floor space used only for bulk storage.
FLOOR AREA RATIO (FAR): The gross floor area of a building divided by the lot area of the zoning lot on which it is located. For purpose of calculating the FAR, "lot area" shall not include areas permanently covered by water or areas subject to natural resource restrictions, including floodplains, wetlands, and lowland conservancy soils.
FOOT-CANDLE: The illumination of a surface one foot (1') distant from a source of one candle power, equal to one lumen per square foot.
FOOT-CANDLE, MAXIMUM: The maximum permitted illumination, measured in foot-candles both horizontally and vertically, at the lot line of the lot on which the light source is located.
FRONT LOT LINE: See definition of lot line, front.
FRONT YARD: See definition of yard: front.
FRONT YARD LINE: See definition of yard line, front.
FRONTAGE: All of the property fronting on one side of a street, measured along such street, between an intersecting or intercepting street and another intersecting or intercepting street, a right-of-way in excess of thirty feet (30'), an end of a dead end street, or a Village boundary.
FRONTAGE, ZONING LOT: All of the property of a zoning lot fronting on a street, measured between side or corner side lot lines.
GARAGE, PARKING: A structure, or part thereof, designed or used for the parking and storage of vehicles at one or more levels.
GLARE, DIRECT: Light visible directly from the source thereof.
GRADE: The average level of the ground existing prior to any reshaping of the natural contours at the four (4) principal corners of a structure or proposed structure that are closest to the lot lines. When the existing natural ground level slopes away from any such corner, then the level of the ground at such corner shall be measured at the lowest point lying within six feet (6') of such corner. In engineering terms, the Grade shall also mean the slope of the land, road, street or other public way expressed in percent.
GRADING: Reshaping natural land contours using natural land materials.
HEIGHT: The vertical distance measured from grade to the highest point of the roof for flat roofs, or to the deck line for mansard roofs, or to the mean height between eaves and ridge for gable, hip, and gambrel roofs, or to the highest point of a structure without a roof. When a parapet wall, a penthouse, or any similar structure is located on the roof of a building, the building height shall be measured to the highest point of said structure if any part of it extends above the height as measured pursuant to the first sentence of this definition. Notwithstanding the foregoing, mechanical equipment and any wall or similar structure designed exclusively for the purpose of screening such mechanical equipment from view shall not be considered in determining the height of a building. Chimneys shall not be considered in determining the height of a building.
HOME OCCUPATION: See section 9-9-3 of this title.
HOTEL: An establishment that is designed for transient guests, that is commonly known as a hotel in the community in which it is located, that does not have individual entrances from the outside of the building for the dwelling or rooming units located therein, and that provides customary hotel services such as maid service, furnishing and laundry of linen, telephone service, desk service, bellboy service, and the use and upkeep of furniture.
IMPERVIOUS SURFACE: Buildings, sidewalks, paved areas, routinely used storage areas, or any other material or surface area that prevents the absorption of water into the ground.
IMPROVEMENT OR FACILITY, PUBLIC: A sanitary sewer, storm sewer, drainage appurtenance, water main, roadway, parkway, sidewalk, planting strip, or other facility for which the Village or any other government agency may assume maintenance or operational responsibility.
INSTITUTIONAL BUILDING: Any building the principal use of which is an institutional use.
INSTITUTIONAL USE OR PURPOSE: Any use permitted in the Institutional Buildings District.
INTERIOR LOT: See definition of lot, interior.
INTERPRETATION: See chapter 15 and chapter 23, article B of this title.
LAND BANKING: The setting aside of land area for future use. See also subsection 9-10-1E of this title.
LANDSCAPED SURFACE: The area of a lot maintained as a natural, landscaped area, undisturbed or with the addition of lawns, trees, or other plant life.
LANDSCAPED SURFACE AREA: The percent of total lot that is maintained as landscaped surface.
LAUNCH LANE: A designated/delineated area within a boat launch ramp for use by one vehicle/boat at a time.
LEGAL NONCONFORMING LOT OF RECORD: See definition of nonconforming lot of record, legal.
LESS RESTRICTIVE DISTRICT: See section 9-2-2 of this title.
LIVE ENTERTAINMENT: A public performance intended to be diverting or engaging with or without the use of instrumental, electronic, or mechanical accompaniment.
LOADING DOCK: An off street area and facility that opens onto a building facade, within which one or more loading spaces are located.
LOADING SPACE: An off street area used for the standing, loading, or unloading of one truck or trailer. See section 9-10-2 of this title.
LOT: A parcel of land legally described as distinct portion or piece of land of record. See definitions of lot of record and lot, zoning. Unless the context indicates otherwise, all references in this Zoning Code to a "lot" shall be deemed to mean a "zoning lot".
LOT AREA PER UNIT: That portion of the total lot area allocated for each dwelling unit located on a lot.
LOT AREA, TOTAL: The total land and water area included within lot lines, excluding, however, land areas subject to easements for public or private access or egress.
LOT, BUILDABLE AREA OF A: That portion of a lot bounded by the required yards.
LOT, BUILDABLE WIDTH OF A: The width of a lot remaining as buildable after side yards and corner side yards are provided.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection or junction or a lot bounded on two (2) sides by a curving street where it is possible to draw two (2) intersecting tangents, one each commencing at each of the two (2) points of intersection of the lot lines and street line, which intersect with each other to form an interior angle of less than one hundred thirty five degrees (135°).
LOT DEPTH: The maximum straight line distance between the front and rear lot lines or, in the case of a through lot, the distance between the two (2) front lot lines located along the nonintersecting streets.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE, CORNER SIDE: Any street line of a corner lot other than its front lot line.
LOT LINE, FRONT: In the case of an interior lot abutting upon only one street, the line separating such lot from such street; in the case of a through lot, each line separating such lot from a street shall be considered a front lot line; in the case of a corner lot, the shorter lot line separating such lot from a street shall be considered to be the front lot line.
LOT LINE, REAR: That lot line that is parallel to and most distant from the front lot line of the lot; provided, however, that in any case where no lot line of at least twenty feet (20') in length is parallel to the front lot line, an imaginary line twenty feet (20') in length, entirely within the lot, parallel to, and at the maximum possible distance from, the front lot line shall be considered to be the rear lot line.
LOT LINE, SIDE: Any lot line other than a front, corner side, or rear lot line.
LOT LINES: The property lines bounding a lot; provided, however, that when a lot includes land subject to a public right-of-way easement for street purposes, the line separating such right-of- way from the rest of the lot shall be deemed to be the lot line.
LOT, MINIMUM TOTAL AREA OF: The smallest lot on which a particular use or structure may be located in a particular district. The areas of a lot permanently covered by water or subject to natural resource restrictions, including floodplains, wetlands, or lowland conservancy soils, shall not be included in the calculation of minimum total lot area. (Such areas of the lot shall be included, however, in calculating the total land area of a lot for other purposes.)
LOT OF RECORD: A lot that is part of a subdivision, the plat of which has been recorded in the Office of the Lake County Recorder of Deeds, or a parcel of land separately described in a recorded deed.
LOT, THROUGH: A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lines.
LOT, WIDTH OF: The shortest distance between side lot lines measured by a line passing through the point of the required front yard line equidistant from the points where the front yard line intersects the side yard lines (measured along the front yard line); provided, however, that the length of the front lot line shall not be less than eighty percent (80%) of the required minimum lot width.
LOT, ZONING: A tract of land consisting of one or more lots of record, or parts thereof, under single ownership or control, located entirely within a block and occupied by, or designated by its owner or developer at the time of filing for any zoning approval or building permit as a tract to be developed for, a principal building and its accessory buildings, or a principal use, together with such open spaces and yards as are designed and arranged, or required under this Zoning Code, to be used with such building or use. Notwithstanding the foregoing, sale of individual lots of record underlying individual dwelling units in a townhouse or two-family dwelling, following issuance of a certificate of occupancy for such dwelling, shall not prevent treatment of the tract of land underlying such dwelling as a zoning lot and all applicable bulk, space, and yard requirements shall be applied with respect to such dwelling and such zoning lot rather than with respect to individually owned dwelling units and lots of record.
LOUNGE FOR THE USE OF TOBACCO OR ALTERNATIVE NICOTINE PRODUCT, ONLY ACCESSORY TO TOBACCO AND ALTERNATIVE NICOTINE PRODUCT STORES AND STANDS: An area within the premises of a tobacco and/or alternative nicotine product store with seating and tables where customers may use, smoke, vape or sample tobacco or alternative nicotine products and/or vapor products purchased on the premises. The use and/or consumption of marijuana (cannabis) and its derivative products shall be prohibited within such lounge.
LUMINAIRE: A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
MARINA: A "commercial use or purpose", operating as a "commercial establishment", as further defined within this section, located on waterfront property containing one or more of the following facilities: secure moorings/slips for pleasure boats, boat rental, a boat dock, a boat launch ramp, boat livery, boat sales, maintenance shops, marine supplies, boat storage or restrooms. An existing "marina" shall be pursuant to the provisions of chapter 11, "Nonconformities", of this title.
MARQUEE OR CANOPY: A rooflike structure of a permanent nature that projects from the wall of a building.
MEDICAL CANNABIS CULTIVATION CENTER: A facility authorized by Illinois law and operated by an organization or business registered by the Department of Agriculture to grow, and/or cultivate, and/or perform necessary activities to provide registered medical cannabis dispensing organizations with usable medical cannabis, in accordance with all Illinois and Village Statutes, ordinances, and regulations.
MINIMUM LOT AREA: See definition of lot, minimum total area of.
MORE RESTRICTIVE DISTRICT: See section 9-2-2 of this title.
MOTOR VEHICLE: Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along streets.
MULTIPLE-FAMILY DWELLING: See definition of dwelling, multiple- family.
NET FLOOR AREA: See definition of floor area, net.
NONCONFORMING LOT OF RECORD: A lot of record that does not comply with the lot requirements for any use permitted in the district in which it is located.
NONCONFORMING LOT OF RECORD, LEGAL: A nonconforming lot of record that:
A. Was created by a plat or deed recorded at a time when, and came into ownership separate from adjoining tracts of land at a time when, the creation of a lot of such size, shape, depth, and width at such location would not have been prohibited by any ordinance or other regulation; and
B. Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such a lot has been prohibited by any applicable ordinance or other regulation.
NONCONFORMING STRUCTURE: Any building or structure, other than a sign, lawfully existing on the effective date of this Zoning Code, or any amendment to it rendering such building or structure nonconforming, that:
A. Does not comply with all of the regulations of this Zoning Code, or any such amendment thereto, governing parking, loading, or bulk and space requirements for the zoning district in which such building or structure is located; or
B. Is located on a lot that does not, or is so located on a lot as not to, comply with the yard or setback requirements for the zoning district in which such building or structure is located; or
C. Both subsections A and B of this definition; except
D. Any building containing more than one dwelling unit in addition to the number permitted by the district regulations in the district where it is located shall be deemed to be a nonconforming use rather than a nonconforming structure.
NONCONFORMING USE: Any use lawfully being made of any land, building, or structure, other than a sign, on the effective date of this Zoning Code, or any amendment to it rendering such use nonconforming, that does not comply with all of the regulations of this Zoning Code, or any such amendment hereto, governing use for the zoning district in which such land, building, or structure is located.
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS): The 2002 edition of the publication prepared by the Office of Management and Budget, executive office of the President of the United States, available from the Superintendent of Documents, U.S. government printing office, Washington, D.C., as amended through the effective date of this Zoning Code.
NURSING AND PERSONAL CARE FACILITY: An establishment that provides full time nursing and health related personal care, but not hospital services, with inpatient beds for three (3) or more individuals who are not related by blood or marriage to the operator and who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such an establishment; a hospital shall not be construed to be included in this definition.
OFFICE: Any building or portion thereof utilized for the transaction of business limited to the preparation or processing of information, documents, plans or graphics for commercial, professional, organizational and governmental work.
OFFICE BUILDING: Any building the principal use of which is an office use.
OFFICE DISTRICT: Any district, except the Open Space District, whose designation begins with the letter "O" as set forth in section 9-2-1 of this title.
OFFICE USE OR PURPOSE: Any use permitted in an office district.
OFFICIAL COMPREHENSIVE PLAN: See section 9-2-5 of this title.
OPEN SALES LOT: Land used or occupied for the purpose of buying, selling, or renting merchandise out of doors.
OPEN SPACE AND USABLE OPEN SPACE: An area or areas of a lot, including required yards, that is:
A. Open and unobstructed from ground to sky except by facilities specifically designed, arranged, and intended for use in conjunction with passive or active outdoor recreation or relaxation; and
B. Landscaped, maintained, or otherwise treated to create a setting appropriate to recreation or relaxation; and
C. Usable by the residents of all dwellings, or the users of all nonresidential buildings, it is intended or required to serve.
OPEN SPACE, COMMON: Open space held in private ownership, regularly available for use by the occupants of more than one dwelling or the users of more than one nonresidential building.
OPEN SPACE, PRIVATE: Open space held in private ownership, the use of which is normally limited to the occupants of one dwelling or the users of one nonresidential building.
OPEN SPACE, PUBLIC: Open space dedicated to or owned by any government or governmental agency or authority.
OPEN SPACE RATIO (OSR): The total open space, common, public, or private, on a lot divided by the total lot area of the zoning lot on which such total open space is located.
OUTDOOR EATING AND DRINKING FACILITY: Any land or "structure" utilized for preparing, serving, or consuming food or beverages outdoors. Unless otherwise specifically allowed, all outdoor eating and drinking facilities shall be operated on the same zoning lot and in conjunction with a land use, which is operated entirely within an enclosed building.
OWNER: Includes the holder of legal title as well as holders of any equitable interest, such as trust beneficiaries, contract purchasers, option holders, lessees under leases having an unexpired term of at least ten (10) years, and the like.
PARCEL: All contiguous land in one ownership.
PARKING AREA: Any land area, not located in a garage, designed and used for the parking of not more than four (4) vehicles.
PARKING AREA, RESIDENTIAL OFF STREET: A parking area serving no more than four (4) residential units with a maximum of four (4) individual parking spaces including garage spaces per residential unit.
PARKING GARAGE OR STRUCTURE: See definition of garage, parking.
PARKING LOT: Any land area designed or used for the parking, and associated circulation, of more than four (4) vehicles.
PARKING SPACE: A space located within a parking structure, a parking lot, a parking garage, or a residential parking area for leaving one motor vehicle. Parking spaces shall adjoin and have direct vehicular access only from a residential parking area, a circulation aisle, or a driveway.
PARTICULATE MATTER: Material other than water that is suspended or discharged into the atmosphere in a finely divided form as a liquid or solid.
PASSIVE RECREATION: Recreational uses or activities that are noncompetitive in nature and that require no special equipment, such as picnicking, hiking, bicycling, bird watching, jogging, and the like.
PERIMETER LANDSCAPED OPEN SPACE: A landscaped open space intended to enhance the appearance of, or screen from view, parking lots and other outdoor aesthetically unpleasant uses or areas or to create a transition between incompatible uses by means of appropriate buffering, landscaping, or screening primarily along lot lines.
PLANNED UNIT DEVELOPMENT: A parcel or tract of land, initially under single ownership or control, which contains two (2) or more principal buildings and one or more principal uses, planned and constructed as a unified development where specific regulations of a given zoning district are modified through the issuance of a special use permit. Also referred to as a PUD.
PLANNING AND ZONING COMMISSION: The Plan Commission of the Village of Lake Zurich. See section 9-12-2 of this title.
PLAY FIELD: An area of active recreation such as a baseball diamond, a football field, a soccer field, or the like.
PREMISES: A lot, plot, or parcel of land, together with the buildings and structures thereon.
PRINCIPAL STRUCTURE OR BUILDING: A structure or building on a zoning lot intended to be utilized for a principal use and to which any other structure on such lot must be accessory.
PRINCIPAL USE: The use of a zoning lot, whether a permitted or specially permitted use, designated by the owner of such lot as the primary or main use of such lot and to which any other use on such lot must be accessory.
PRIVATE RIGHT-OF-WAY: See definition of right-of-way, private.
PROPERTY LINE: See definition of lot lines.
PROTECTED USES:
A. A church, synagogue, mosque, or other place of worship.
B. A public or private nursery, elementary, or secondary school.
C. A childcare facility, licensed by the Illinois Department Of Children and Family Services.
D. A public park, playground, playing field, or forest preserve.
E. A public or private cemetery.
F. A public housing facility.
G. A youth oriented gymnasium or sports training facility.
PUBLIC HEARING: A meeting conducted pursuant to the provisions of the Illinois Open Meetings Act at which members of the general public must be permitted to give testimony, evidence, or opinions relevant to the subject matter.
PUBLIC IMPROVEMENT OR FACILITY: See definition of improvement or facility, public.
PUBLIC MEETING: A meeting conducted pursuant to the provisions of the Illinois Open Meetings Act at which members of the general public, as opposed to members of the committee, board, or commission and as opposed to the applicant for relief, have no right (but may be given the opportunity) to offer testimony, evidence, or opinions.
PUBLIC RIGHT-OF-WAY OR PUBLIC WAY: See definition of right-of- way, public.
PUBLIC UTILITY: Any person, firm, or corporation under public regulation furnishing franchised services such as cable television, electricity, gas, telephone, water, or sewage service.
RAILROAD RIGHT-OF-WAY: A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
REAR LOT LINE: See definition of lot line, rear.
REAR YARD: See definition of yard: rear.
REAR YARD LINE: See definition of yard line, rear.
RECEIPT OF THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION: The convening of the first regularly scheduled meeting of the standing committee of the Board of Trustees having jurisdiction over the matter in question or, if there is no such standing committee, the convening of the first regularly scheduled meeting of the Board of Trustees after the approval by the Planning and Zoning Commission of its written findings and recommendations.
RECREATIONAL DEVICE: A structure or outdoor facility not attached to the principal structure on a lot and intended principally for recreational use by children such as, but not limited to, a play house, a swing set, a trampoline, a sandbox, or a freestanding basketball standard.
RECREATIONAL FACILITY, RESIDENTIAL: An area, court, pool, or facility, other than a recreational device, intended for active recreational or athletic use such as game courts, swimming pools, or ball fields established as an accessory use to a residential dwelling.
RECREATIONAL VEHICLE: Every vehicle or boat originally designed for living quarters, recreation, or human habitation and not used as a commercial vehicle, including, but not limited to, the following:
A. Boat: Any vessel used for water travel. A boat mounted on a trailer shall be considered one vehicle.
B. Camper Trailer: A folding or collapsible vehicle without its own motive power, designed as temporary living quarters for travel, camping, recreation or vacation use.
C. Motorized Home: A temporary dwelling designed and constructed for travel, camping, recreational or vacation uses as an integral part of a self- propelled vehicle.
D. Off The Road Vehicle: A vehicle intended principally for recreational use off of roads where State vehicle licenses are required, such as a dune buggy, go-cart, or snowmobile.
E. Racing Car Or Cycle: A vehicle intended to be used in racing competition, such as a race car, stock car, or racing cycle.
F. Travel Trailer: A vehicle without its own motive power, designed to be used as a temporary dwelling for travel, camping, recreational, or vacation uses.
G. Truck Camper: A structure designed primarily to be mounted on a pickup or truck chassis and designed to be used as a temporary dwelling for travel, camping, recreational, or vacation uses. When mounted on a truck, such a structure and the truck shall together be considered one vehicle.
H. Van: A general term applied to a noncommercial motor vehicle licensed by the State of Illinois as a recreational vehicle.
I. Vehicle Trailer: A vehicle without its own motive power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. A vehicle trailer with another vehicle mounted on it shall be considered one vehicle.
RESIDENTIAL DISTRICT: Any district the designation of which begins with the letter "R" as set forth in section 9-2-1 of this title.
RESIDENTIAL PROPERTY: Any lot or other tract of land used for residential purposes, or any lot or other tract of land zoned in any of the residential districts or zones under chapter 3 of this title, or, for land outside the corporate limits of the Village, in any of the residential districts of the zoning regulations of the government with jurisdiction.
RESIDENTIAL STRUCTURE: A structure containing one or more dwelling units.
RESIDENTIAL USE OR PURPOSE: Any use permitted in a residential district.
RETENTION BASIN: An area containing a permanent pool of water as well as capacity to detain additional stormwater for long periods of time.
RIGHT-OF-WAY, PRIVATE: A strip of land designated for use for vehicular or pedestrian access or passage, or for utility lines or similar facilities, that has not been dedicated to or accepted by any government agency. No new private or non-public right-of-way shall connect to property outside of the village’s municipal boundary lines.
RIGHT-OF-WAY, PUBLIC: A strip of land designated for use for vehicular or pedestrian access or passage, or for utility lines or similar facilities, that has been dedicated to and accepted by a government agency. No new public right-of-way shall connect to property outside of the village’s municipal boundary lines without the express recommendation and approval of the Lake Zurich Village Board.
ROOMING UNIT: Any habitable room or group of not more than two (2) habitable rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
SIC: The "Standard Industrial Classification Manual".
SCREENING: A structure erected or vegetation planted that conceals an area from view at all times during the year.
SEMINUDE: A state of dress or undress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.
SENIOR HOUSING: Dwelling units designed and built for, and occupied by, persons fifty five (55) years of age or older. Senior housing may take the form of independent retirement housing providing meals, activities, housekeeping, and maintenance; or assisted living providing supportive services such as personal care; or nursing and personal care facilities providing longer term healthcare services, or facilities providing any combination of these services.
SETBACK: The minimum horizontal distance between a specified lot line, measured along a straight line and at a right angle to such lot line, and the nearest point of a building or structure.
SIDE DOCKS (BOARDING FLOAT): A platform-type floating structure located within a boat launch ramp that provides pedestrian access to and from a boat in the water.
SIDE LOT LINE: See definition of lot line, side.
SIDE YARD: See definition of yard: side.
SIDE YARD LINE: See definition of yard line, side.
SIGHT TRIANGLE: See definition of clear site area.
SINGLE-FAMILY ATTACHED DWELLING: See definition of dwelling, single-family attached.
SINGLE-FAMILY DETACHED DWELLING: See definition of dwelling, single-family detached.
SITE PLAN: A graphic rendering of a proposed use, construction, or development that complies with the provisions of chapter 20 of this title.
SITE PLAN REVIEW: See chapter 20 of this title.
SMOKE: Small gasborne particles other than water that form a visible plume in the air.
SPECIAL USE: A use that has some special impact or uniqueness that requires careful review of its location, design, configuration, and impact. See chapter 19 of this title.
SPECIAL USE PERMIT: See chapter 19 of this title.
SPECIFIED ANATOMICAL AREAS: Any of the following:
A. Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed.
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES: Any of the following:
A. Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
C. Masturbation, actual or simulated.
D. Human genitals in a state of sexual simulation, arousal or tumescence.
E. Excretory functions as part of or in connection with any of the activities set forth in subsection A, B, C, or D of this definition.
STACKING SPACE: An area, measuring at least eight feet (8') in width and twenty feet (20') in length, for the temporary storage of a vehicle awaiting access to a drive-in establishment or facility. See section 9-9-1 of this title.
STANDARD INDUSTRIAL CLASSIFICATION MANUAL (SIC): The 1987 edition of the publication prepared by the Office of Management and Budget, executive office of the President of the United States, available from the Superintendent of Documents, U.S. government printing office, Washington, D.C., as amended through the effective date of this Zoning Code.
STORY: Except as otherwise specifically provided in this Zoning Code, that portion of a building included between the surface on any floor and the surface of the floor next above it, or if there is no floor above, then the space between the floor and the ceiling next above it. The floor of a story may split levels provided that there is not more than four feet (4') difference in elevation between the different levels of the floor. When the uppermost story of a structure has a ceiling height of seven feet (7') or more over a floor area that is less than one-third (1/3) of the floor area of the next lower story, then said uppermost story shall not be counted as a story; and when the uppermost story of a structure has a ceiling height of seven feet (7') or more over a floor area that is one-third (1/3) or more but less than one-half (1/2) of the floor area of the next lower story, then said uppermost story shall be counted as one-half (1/2) story. A basement shall be counted as one-half (1/2) story. A cellar shall not be counted as a story. Any area in which the distance from one floor to the floor or ceiling above it is more than sixteen feet (16') shall be deemed to consist of one story for each sixteen feet (16') of height or major fraction thereof.
STREET: The paved portion of a public or private right-of-way, that affords the principal means of vehicular access to two or more lots of record which adjoin such right-of-way. All streets shall be constructed in conformance with all village standards and codes for design and construction. All streets within the Village of Lake Zurich require the prior review and approval of the Lake Zurich Village Board. No private or non-public road street shall connect to property outside of the village’s municipal boundary lines.
STREET LINE: A lot line separating a street right-of-way from other land.
STREET, PRIVATE: Any street other than a public street serving two or more lots of record within a zoning lot, or a subdivision, the plat of which has been recorded in the Office of the Lake County Recorder of Deeds, or a parcel of land separately described in a recorded deed, all located wholly within the municipal boundary lines of the Village of Lake Zurich. Private streets are prohibited unless expressly authorized by a Planned Unit Development (PUD), or other zoning approval by the Lake Zurich Village Board. No private street shall connect to property outside of the village’s municipal boundary lines.
STREET, PUBLIC: A street that has been dedicated to and accepted by, or otherwise acquired by, a government body or agency.
STREET STUB: A temporary street ending where the street is intended to be extended through adjacent property in the future, as such adjacent property develops. A street stub is not a permanent street-end or dead-end street. The control and disposal of the land composing such street stubs shall be placed under the express jurisdiction and approval of the Lake Zurich Village Board. No street stub shall be constructed to provide a future connection to property outside of the village’s municipal boundary lines.
STRUCTURAL ALTERATION: Any change, other than incidental repairs, that would prolong the life of the supporting members of a structure such as bearing walls, columns, beams, girders, or foundations or that would alter the dimensions or configurations of the roof or exterior walls of a structure or that would increase either the gross or net floor area of a structure.
STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent location on the ground, or anything attached to something having a permanent location on the ground, but not including paving or surfacing of the ground. "Structure" shall in all cases be deemed to refer to both structures and buildings.
STRUCTURE, ACCESSORY: See section 9-9-1 of this title.
STRUCTURE, NONCONFORMING: See definition of nonconforming structure.
STRUCTURE, PRINCIPAL: See definition of principal structure or building.
SUBDIVISION: The division of land into two (2) or more tracts of five (5) acres or less in an area. See current edition of Illinois Compiled Statutes for exemptions. In addition, any multiple-family, commercial or industrial planned unit development shall be deemed a subdivision regardless of whether the land is divided into separate parcels and shall be subject to improvement and design requirements of the Code.
SUBDIVISION ORDINANCE: The Lake Zurich subdivision ordinance.
SUBSTANTIAL CONFORMITY: For the purposes of granting plan approvals relating to site plans, a newly submitted plan shall be deemed to be in substantial conformity with a previously approved plan if, but only if, the newly submitted plan:
A. Does not increase the number of dwelling units, the gross floor area of the development, or the gross floor area devoted to any particular use; and
B. Does not increase building coverage by more than five percent (5%) of the percentage of the previously approved plan; and
C. Does not change the orientation of any building; and
D. Does not decrease open space; and
E. Does not change the general location of any open space in any manner to detract from its intended function in the previously approved plan; and
F. Does not change the general location and arrangement of land uses within the development as shown on the previously approved plan; and
G. Does not change or relocate rights-of-way shown on the previously approved plan in any manner or to any extent that would decrease their functionability, adversely affect their relation to surrounding land use and rights-of-way elements, or reduce their effectiveness as buffers or amenities; and
H. Does not alter the percentage of any land use in any stage of the development by more than ten (10) percentage points as compared to its percentage in the previously approved plan; and
I. Does not delay any stage of the previously approved development schedule by more than twelve (12) months; and
J. Does not violate any applicable law or ordinance; and
K. Does not depart from the previously approved plan in any other manner determined by the reviewing body or official, based on stated findings and conclusions, to be a material deviation from the previously approved plan.
SURFACE AREA, ANTENNA: An area determined by adding together the actual surface area of each solid element or part of an antenna or its support structure, where "solid" is defined to include all air spaces that are fully bounded by solid elements.
TEMPORARY USES: See section 9-9-2 of this title.
TERRACE: A level plane or surfaced patio, abutting a principal building at grade with no railings or other vertical structural elements and not covered by any permanent structure.
TOBACCO AND ALTERNATIVE NICOTINE PRODUCT STORES AND STANDS (5993): A retail establishment primarily engaged in the sale of prepackaged smoking and tobacco products, alternative nicotine products and/or vapor products as defined in Section 3-2-18. For the purposes of this definition only, "primarily engaged" means when more than 80% of an establishment's gross revenue comes from the sale of pre-packaged smoking and tobacco products, alternative nicotine products, vapor products, related products and accessories, and in which the sale of other products is merely incidental.
TOBACCO AND ALTERNATIVE NICOTINE PRODUCT STORES AND STANDS; ACCESSORY (5993): A business having as a subordinate purpose the retail sale of tobacco products and/or alternate nicotine products as defined in Section 3-2-18 and pursuant to the provisions of Section 9-9-1 entitled "Accessory Structures and Uses."
TOWNHOUSE: See definition of dwelling, townhouse.
TRANSITIONAL SERVICE FACILITY: An authorized and licensed dwelling operated by a public or private agency duly authorized and licensed by any State agency having authority to license and approve said facility that houses individuals being cared for by the agency and deemed by the agency to be capable of living and functioning in the community and that provides continuous professional guidance.
TRANSITIONAL SERVICE FACILITY RESIDENT: A person receiving care or treatment at a transitional service facility.
TWO-FAMILY DWELLING: See definition of dwelling, two-family.
USABLE OPEN SPACE: See definition of open space and usable open space.
USE: The purpose or activity for which a structure or land is designed, arranged, or intended, or for which it is occupied or maintained.
USE, ACCESSORY: See section 9-9-1 of this title.
USE INTERPRETATION: An interpretation of the permitted use or special use lists established by this Zoning Code for the purpose of allowing a use not expressly mentioned in those lists to be established in a zoning district found to be appropriate for such use by application of the standards established in chapter 15 of this title.
USE, LAND: The purpose or type of activity for which land, or the structure or building thereon, is designed and intended, or for which it is occupied or maintained.
USE, NONCONFORMING: See definition of nonconforming use.
USE, PERMITTED: A use that appears on the permitted use list of a particular zoning district.
USE, PRINCIPAL: See definition of principal use.
USE, SPECIAL: A use that appears on the special use list in a particular district.
USE, TEMPORARY: See section 9-9-2 of this title.
VACANT: Not developed with any building, structure, or paving or surfacing of the ground.
VARIATION: See chapter 17 of this title.
VEHICLE: Any device for carrying passengers, goods, or equipment including, but not limited to, passenger automobiles, vans, trucks, buses, recreational vehicles, and vehicles used for commercial, business, or governmental purposes.
VEHICLE CONNECTION: A hard surfaced or paved access way connection between two points that is intended and suitable for vehicle, motor vehicle or recreational vehicle use. Vehicle connections shall include but are not limited to public streets and roadways, private streets, street stubs, driveways, circulation aisles, drive through facility lanes. No vehicle connection shall connect from private property or properties to property outside of the village’s municipal boundary lines.
VEHICLE, RECREATIONAL: See definition of recreational vehicle.
VILLAGE ENGINEER: The head of the Engineering Department of the Village.
VILLAGE MANAGER: See title 1, chapter 6, article A of the Lake Zurich Municipal Code. The chief administrative official of the Village, subject to the superior right and power of the Board of Trustees to supervise and administer the government and affairs of the Village. When used in this Zoning Code, the term Village Manager shall refer either to such official or to his or her duly authorized delegate.
WHOLESALE TRADE: A business engaged in the sale of commodities in quantity, usually for resale or business use chiefly to retailers, other businesses, industries, and institutions rather than to the ultimate consumer.
WIDTH OF LOT: See definition of lot, width of.
YARD: A required open space on a lot between a lot line and a yard line that is, except as otherwise expressly authorized by this Zoning Code, unoccupied and unobstructed from grade to the sky.
Corner Side: A yard extending from the front yard line to the rear lot line between the corner side lot line of the lot and the corner side yard line.
Front: A yard extending across the entire front of a lot between the front lot line of the lot and the front yard line.
Rear: A yard extending along the full length of the rear lot line between the side lot lines and between the rear lot line and the rear yard line, except that in the case of a corner lot the rear yard shall extend from the inner side lot line to the corner side yard line.
Side: A yard extending along a side lot line from the front yard to the rear yard between the side lot line and the side yard line.
YARD LINE, CORNER SIDE: A line drawn parallel to a corner side lot line at a distance therefrom equal to the depth of the required corner side yard.
YARD LINE, FRONT: A line drawn parallel to a front lot line at a distance therefrom equal to the depth of the required front yard. If the front lot line is not straight, then the front yard line shall be drawn as nearly parallel to such front lot line as possible but shall in no case be drawn closer to any point on such front lot line than the depth of the required front yard.
YARD LINE, REAR: A line drawn parallel to a rear lot line at a distance therefrom equal to the depth of the required rear yard.
YARD LINE, SIDE: A line drawn parallel to a side lot line at a distance therefrom equal to the depth of the required side yard.
YARD REQUIRED: The minimum yard depth designated in the regulations of this Zoning Code establishing minimum front, corner side, side, and rear yard requirements for various uses, structures, and districts.
ZONING BOARD OF APPEALS: The Zoning Board of Appeals of the Village of Lake Zurich. See section 9-12-2 of this title.
ZONING CLASSIFICATION: See definition of classification or zoning classification.
ZONING CODE: The Lake Zurich Zoning Code, title 9 of the Lake Zurich Municipal Code. Unless the context specifically requires otherwise, all references to this Zoning Code shall be deemed to refer to any certificate, permit, approval, resolution, or ordinance granted or adopted pursuant to this Zoning Code.
ZONING DISTRICT: A part of the corporate area of the Village wherein regulations of this Zoning Code are uniform. See also section 9-2-1 of this title.
ZONING DISTRICT MAP OR ZONING MAP: See section 9-2-4 of this title.
ZONING ENFORCEMENT OFFICIAL: The Village Manager of the Village.
ZONING LOT: See definition of lot, zoning.
(Ord. 2018-09-269, 9-4-2018; amd. Ord. 2019-11-337, 11-4-2019; Ord. 2020-11-388, 11-2-2020; Ord. 2020-12-394, 12-21-2020; Ord. 2021-09-431, 9-7-2021; Ord. 2023-10-529, 10-17-2023; Ord. 2024-01-542, 1-15-2024)