ABANDONMENT. An action to give up one's rights or interests in property, building, structure, or use.
ABUTTING. Having a common border with, or being separated from such common border by an alley or easement, other than publicly dedicated and approved rights-of-way.
ACCESS. A means of vehicular or nonvehicular approach or entry to or exit from property, a street, or highway.
ACCESSORY STRUCTURE, ATTACHED. Any accessory structure substantially, permanently, and structurally attached to or supported by a principal building or structure.
ACCESSORY STRUCTURE, DETACHED. Any freestanding accessory structure which is not attached to or supported by a principal building or structure.
ACCESSORY STRUCTURE or BUILDING. An "accessory structure" or "accessory building" is one which:
(A) Is subordinate to and serves a principal building, principal structure, or principal use on the same zoning lot;
(B) Is subordinate in area, extent, or purpose to the principal building, principal structure, or principal use served;
(C) Contributes to the comfort, convenience, or necessity of occupants of the principal structure or principal use served;
(D) Is located on the same zoning lot as the principal building, principal structure, or principal use served;
(E) Is prohibited prior to the establishment of the principal building, principal structure, or principal use;
(F) Is under the same ownership and control as the principal use served.
An "accessory structure" or "accessory building" includes, but is not limited to, the following:
(A) A child's or children's playhouse, garden house, children's play equipment, or private greenhouse;
(B) A garage, shed, or building for domestic storage;
(C) Carports;
(D) Signs (other than advertising signs), in conformity with the provisions of chapter 157, "Signs", of this title, as amended;
(E) Public utility facilities: telephone, electric, gas, water, and sewer lines, their supports and incidental equipment, and outdoor lighting poles;
(F) Decks when used as a patio, porch, or platform without any form of enclosing wall or roof structure;
(G) Private outdoor swimming pools and outdoor saunas, covered or uncovered, for use by the occupant of the principal use and the occupant's guests;
(H) Fences, walls, and trash enclosures;
(I) Antennas;
(J) Arbors, trellises, or similar construction;
(K) Servants', owners', itinerant agricultural laborers', and watchmen's temporary quarters, not for rent;
(L) Private emergency shelters.
ACCESSORY USE. One which:
(A) Is subordinate to, serves, and is incidental to a principal use on the same zoning lot;
(B) Is subordinate in area, extent, or purpose to the principal use served;
(C) Contributes to the comfort, convenience, or necessity of occupants of the principal use served;
(D) Is located on the same zoning lot as the principal use served;
(E) Is prohibited prior to the establishment of the principal use;
(F) Is under the same ownership and control as the principal use served.
An "accessory use" includes, but is not limited to, the following:
(A) A garage, shed, or building for domestic storage;
(B) Storage of merchandise normally carried in stock on the same lot or parcel with any retail service or business use, unless such storage is excluded by the district regulations;
(C) Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations;
(D) Off street motorcar parking areas, and loading and unloading facilities.
ADJACENT. Nearby, but not necessarily touching or abutting.
AGENT, AUTHORIZED. A person or firm duly authorized by the property owner to submit applications on his, her, their, or its behalf.
AGRICULTURE. The growing of crops in the open and the raising and feeding of livestock and poultry including: farming, farm buildings, and farm dwellings; truck gardens; flower gardens; apiaries; aviaries; mushroom growing; nurseries; orchards; forestry; dairying; greenhouses; and commercial vegetables.
ALLEY. A public way, not more than 30 feet wide, which affords only a secondary means of access to abutting property.
ALTERATION, STRUCTURAL. For nonconforming structures, any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
ANTENNA. A device designed to receive or send broadcasts either as over the air signals from transmitters, including fixed television or radio signals, signals from land based wireless telecommunications systems (including, but not limited to, wireless telephone service providers such as cellular, personal communications service, enhanced specialized mobile radio, etc.), and signals to or from earth orbiting communications satellites.
ANTENNA, SATELLITE. Any antenna designed to receive broadcasts relayed by signals from earth orbiting communications satellites.
APARTMENT. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used, or intended to be used, as a single housekeeping unit. Complete kitchen and bathroom facilities, permanently installed, must always be included for each apartment.
APARTMENT, COMMERCIAL. An apartment located above the first floor of a commercial building.
ASSISTED LIVING or ASSISTED CARE. A combination of housing and maintenance services provided to residents on site within the same building and in response to the individual needs of residents. Supportive services such as meals, housekeeping, transportation to shopping and medical appointments, social activities, educational activities, and security and response systems on site within the same building to meet resident needs. These services can also include on site medication management or intermittent healthcare services from qualified providers located within the same building. Services are furnished in a way that promotes self-direction and participation in decisions that emphasize independence, individuality, and privacy in a residential surrounding.
AUDITORIUM. A room, hall, or building assigned to the gathering of people as an audience, to hear lectures, plays, or other presentations.
AUTOMOBILE LOT, NEW. A zoning lot on which new cars, trailers, or trucks are displayed in the open for sale or trade.
AUTOMOBILE LOT, USED. A zoning lot on which used, or used and new cars, trailers, or trucks are displayed in the open for sale or trade.
AUTOMOBILE REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body frame or fender straightening or repair; and painting of vehicles.
AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to automobiles but not including any operations specified under the definition of AUTOMOBILE REPAIR, MAJOR.
AUTOMOBILE SALES AREA. An open area, other than a street, used for the display or sale of new or used automobiles, and where no repair work is done except for minor incidental repair of automobiles to be displayed and sold on the premises.
AUTOMOBILE SERVICE STATION. A place where gasoline, stored only in underground tanks; kerosene; lubricating oil; or grease for operation of automobiles are offered for sale directly to the public, on the premises, and including minor accessories and servicing of automobiles; but not including major automobile repairs; and including washing of automobiles. When the dispensing, sale, or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Automobile service stations shall not include sales, rental, or storage of automobiles or trailers (new or used).
AWNING. A roof like cover, temporary in nature (as an attachment only and not part of the building structure), which projects from the wall of a building and overhangs the wall or building.
BASEMENT. A story wholly underground; or a story of a building, the floor line of which is below lot grade and the ceiling of which is not more than 1 foot above lot grade; the lot grade being the front center of the garage floor elevation set at time of building permit, or the street centerline, whichever is the highest elevation.
BASEMENT, HALF. That story of the building, the floor line of which is below lot grade and the ceiling of which is greater than 1 foot above lot grade, with an exterior exposure to provide for living area with safe egress, as determined by the Building Code. The lot grade shall be the front center of the garage floor elevation set at time of building permit, or the street centerline, whichever is the highest elevation. If any story conforms to the definitions of LIVING AREA, FIRST FLOOR, or BASEMENT, that story shall never be considered a half basement. For the purposes of height measurement, a half basement shall be counted as a story where more than 0.5 of the height is above the average level of the abutting ground elevation.
BEDROOM. Any room other than a living room, dining room, family room, kitchen, bathroom, closets, or utility room, for the purpose of this chapter, shall be considered a bedroom. Dens, studies, etc. (with or without closets), and similar areas which may be used as bedrooms shall be counted as bedrooms for the purposes of this chapter.
BOATHOUSE. Any structure designed for the purpose of protecting or storing of boats used in conjunction with a residence for noncommercial purposes, and located on the same lot as the principal building and not for human habitation.
BUFFER YARD. An area of land within the boundaries of a lot or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or using trees, shrubs, fences, and/or berms, designed to limit continuously the view and/or sound from the lot or site to adjacent lots or sites. Buffer yards are typically defined by a delineated easement graphically indicated on the face of the site plan, landscape plan, or subdivision or condominium.
BUFFER YARD INTENSITY FACTOR. The relative sight screening value of a buffer yard as measured by levels of intensity of buffer yard plant foliage or other characteristics of the buffer yard including fencing, earthen berms, or walls.
BUILDABLE AREA. The space remaining on a zoning lot after the minimum space requirements of this chapter have been complied with.
BUILDING. Any structure securely affixed to the land with substantial walls and roof, entirely separated on all sides from any other structure by space or by walls in which there are no connecting doors, windows, or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals, or chattels. Any structures with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, and other similar structures, are not considered as buildings.
BUILDING CODE. The Village of Lindenhurst's adopted Building Code.
BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls, pierced only by windows and normal entrance or exit doors.
BUILDING, DETACHED. A building surrounded by open space on the same zoning lot.
BUILDING HEIGHT. The vertical distance measured from the sidewalk or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat or slant roof, to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, or hip, or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished grade at the front of the building.
BUILDING INSPECTOR. The building inspector of the Village of Lindenhurst, Lake County, Illinois.
BUILDING LINE. The line nearest the front of and across a zoning lot, establishing the minimum setback to be provided between the front line of a building or structure and the street right-of-way line.
BUILDING, PRINCIPAL. A nonaccessory building in which the principal use of the zoning lot on which it is located is conducted.
BULK. Term used to indicate the size, height, area, density, intensity, and location of structures.
BUSINESS. An occupation, employment, or enterprise which occupies time, attention, labor, and materials, or wherein merchandise is exhibited or sold, or where services are offered other than home occupations.
CALIPER. A measurement of the diameter of a tree taken 6 inches from above the ground level for trees up to and including 4 inch caliper sizes, and 12 inches above the ground level for larger sizes.
CAMP. Any land, including structures, used for assembly or temporary occupancy by individuals and providing outdoor recreational facilities.
CAMP, RECREATIONAL. An establishment consisting of a permanent building or group of permanent buildings used periodically by an association of persons where seasonal accommodations for recreational purposes are provided only to members of such association and not to anyone who may apply.
CANNABIS. Cannabis shall have the same definition as CANNABIS set forth in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS BUSINESS ESTABLISHMENT. A cannabis dispensary, cannabis cultivation center, cannabis craft grower, cannabis infuser, cannabis transporter, cannabis processor, on-premises cannabis consumption establishment, and such other cannabis business establishments authorized under the Cannabis Regulation and Tax Act.
CANNABIS CRAFT GROWER. A cannabis craft grower means CRAFT GROWER as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS CULTIVATION CENTER. A cannabis cultivation center means CULTIVATION CENTER as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS DISPENSARY. A cannabis dispensary means DISPENSING ORGANIZATION and DISPENSARY as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS INFUSER. A cannabis infuser means INFUSER ORGANIZATION or INFUSER as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS PROCESSER. A cannabis processor means PROCESSING ORGANIZATION or PROCESSOR as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS TRANSPORTER. A cannabis transporter means TRANSPORTING ORGANIZATION or TRANSPORTER as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CAR WASH. A building or portion thereof, where automobiles are washed.
CARPORT. A roofed over area attached to the principal building for vehicle storage, which may be open on a minimum of 2 sides.
CHANNEL. Those land areas normally occupied by a stream of water under average annual high water flow conditions while confined within generally well established banks.
COMMON AREA. Land in a residential development held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner but rather for the benefit of all occupants of the development.
COMMUNITY. A town, municipality, or a group of adjacent towns and/or municipalities having common social, economic, or physical interests.
COMPREHENSIVE PLAN. A document or series of documents prepared by the Plan Commission and duly adopted by the Village Board setting forth policies for the future development or redevelopment of the Village of Lindenhurst pursuant to the requirements of Illinois Municipal Code, 65 Illinois Compiled Statutes 5/11-12-6 and 5/11-12-7 as amended. The Comprehensive Plan shall also include neighborhood and subarea plans, proposals for future land use, open space, streets and transportation, urban redevelopment, public facilities, and other elements as set forth in Illinois Municipal Code, 65 Illinois Compiled Statutes 5/11-12-6 and 5/11-12-7 as amended. Devices for the implementation of these plans, such as zoning, official map, land division and building line provisions, design guidelines, and capital improvement programs shall also be considered a part of the Comprehensive Plan. The Comprehensive Plan can also be termed the "Master Plan".
CONDOMINIUM. Property subject to a condominium declaration as defined, regulated, and established under the "Condominium Property Act" of the Illinois Statutes.
CONSTRUCTION. Any or all work or operations necessary or incidental to the erection, demolition, assembling, installing, or equipping of buildings, or any alterations and operations incidental thereto. The term "construction" shall include land clearing, grading, excavating, and filling and shall also mean the finished product of any such work or operations.
CONSTRUCTION, START OF. The excavation of or installation of foundation footings or grading other than for the installation of materials for road construction.
CONTIGUOUS. In contact with 1 or more sides.
CONVENIENCE STORE. Any retail establishment offering for sale prepackaged food products, household items, sundry items, and other goods commonly associated with the same; operated primarily for the convenience of the motoring public, walk-in shopper, or someone purchasing a few items; and having a gross floor area of less than 5,000 square feet.
CUL-DE-SAC. A local street with only 1 outlet and having an appropriate turnaround for the safe and convenient reversal of traffic movement.
CURB. A vertical or sloping edge of a roadway.
CUTOFF. The point at which all light rays emitted by a lamp, light source, or luminaire are completely eliminated (cut off) 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 source and a line perpendicular to the ground from the light source above which no light is emitted.
CUTOFF TYPE LUMINAIRE. A luminaire with elements such as shields, reflectors, or refractor panels which direct and cut off the light at an angle that is less than 90 degrees.
DAYCARE CENTER. A State of Illinois licensed facility which regularly provides daycare for less than 24 hours per day for more than 8 children in a family home, or more than 3 children in a facility other than a family home. Exclusions from this definition are listed in section 2.09 of the Child Care Act of 1969.
DECK. A structure attached to or closely adjacent to any dwelling unit that:
(A) Is designed and intended for the support of persons;
(B) Has no permanent or temporary cover or canopy but which may have arbors, trellises, and similar type open, nonstructural, nonload bearing, and roofless attachments;
(C) Is constructed on piers and without continuous foundation or footings;
(D) Shall be construed as an impervious surface for the purposes of this chapter.
DEDICATION. The transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee simple interest or of a less than fee simple interest, including an easement.
DENSITY, GROSS (GD). The quotient of the total number of dwelling units on a site divided by the base site area of a site.
DENSITY, NET (ND). The quotient of the total number of dwelling units divided by the net buildable site area of a site.
DEVELOPER. The legal or beneficial owner(s) of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other person(s) having enforceable proprietary interests in such land.
DEVELOPMENT. The carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into parcels by any person. Any manmade change to improved or unimproved real estate including, but not limited to, construction of or additions or substantial improvements to buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations, or disposition of materials. The following activities or uses shall be taken for the purposes of these regulations to involve "development":
(A) A reconstruction, alteration of, or material change in the external appearance of a structure on land or water; or
(B) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or an increase in the floor area or number of businesses, manufacturing establishments, or offices; or
(C) Alteration of a shore or bank of a pond, river, stream, lake, or other waterway; or
(D) Commencement of drilling (except to obtain soil samples), mining, or excavation on a parcel of land; or
(E) Demolition of a structure; or
(F) Clearing of land as an adjunct of construction, including clearing or removal of vegetation, any significant disturbance of vegetation, or any soil manipulation; or
(G) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
The following operations or uses shall not be taken for the purpose of these regulations to involve "development":
(A) Work by a highway or road agency or railroad company for the maintenance of a road or railroad track if the work is carried out on land within the boundaries of the right-of-way; or
(B) Work by any utility, and other persons engaged in the distribution or transmission of gas or water, for the purposes of inspecting, repairing, renewing, or constructing on established rights-of-way sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like (exclusive of the activities requiring a special use permit as per the requirements of this chapter); or
(C) The maintenance, renewal, or alteration of any structure, where only the interior or the color of the structure or the decoration of the exterior of the structure is affected; or
(D) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling; or
(E) A change in the ownership or form of ownership of any parcel or structure; or
(F) Work involving the landscaping of a detached dwelling; or
(G) Work involving the maintenance of existing landscaped areas and existing rights-of-way such as setbacks and other nonnatural planting areas.
"Development" includes all other activity customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of development or to the result of development within the Village. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this definition.
DEVELOPMENT, MULTIPLE-FAMILY DWELLING. A residential building designed for occupancy by 3 or more dwelling units.
DIAMETER AT BREAST HEIGHT (dbh). The diameter of the trunk of a tree measured in inches at a point 4.5 feet above ground line. This point of measurement is used for established and mature trees.
DRAINAGEWAY. The land on either side of and within 50 feet of the centerline of any intermittent or perennial stream graphically shown on either the U.S. geological survey 7.5 minute quadrangle topographic map of the area or a large scale topographic map except those areas designated as lakes, ponds, wetlands, floodways, or 100-year recurrence interval floodplains.
DRIVE-IN AND DRIVE-THROUGH (OR DRIVE-THRU) ESTABLISHMENT OR FACILITY. Any commercial retail, service, or personal service establishment designed or intended to, by design of physical facilities or by service or packaging procedures, encourage or permit customers to receive a service or obtain a product while staying within a motor vehicle or enable a customer in a motor vehicle parked on or moving through the premises to transact business with a person within the principal structure. Such establishments include, but are not necessarily limited to, financial institutions, restaurants, and dry cleaning stores.
DRIVEWAY. As defined in § 150.04 of this title.
DWELLING. A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including 1-family dwelling units, 2-family dwelling units, and multiple-family dwelling units, but not including hotels, motels, or boarding or lodging houses.
DWELLING, ATTACHED. A dwelling which is joined to another dwelling at 1 or more sides, floors, or roofs by a party wall, walls, or ceiling.
DWELLING, DETACHED. A dwelling which is entirely surrounded by open space on the same lot.
DWELLING, EFFICIENCY. A dwelling unit consisting of 1 principal room with no separate sleeping rooms.
DWELLING GROUP. 2 or more 1-family, 2-family, or multiple- family dwellings, or boarding or lodging houses, located on 1 zoning lot, but not including tourist courts or motels.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed or altered for occupancy by 3 or more families living independently of each other.
DWELLING, 1-FAMILY. A dwelling unit designed exclusively for use and occupancy by 1 family.
DWELLING, ROW HOME. A 1-family attached dwelling unit in a side by side row of at least 3 such dwelling units in which each dwelling unit has its own front and rear access to the outside, no dwelling unit is located over another dwelling unit, and each dwelling unit is separated from any other dwelling unit by 1 or more vertical common fire resistant walls. In the instance where the rear yard of the dwelling structure abuts a natural resource feature (as defined in this chapter) for its entire rear yard length, a "row home dwelling" is defined as a 1-family attached dwelling unit in a side by side row of at least 2 such dwelling units in which each dwelling unit has its own front and rear access to the outside, no dwelling unit is located over another dwelling unit, and each dwelling unit is separated from any other dwelling unit by 1 or more vertical common fire resistant walls.
DWELLING, 2-FAMILY. A building designed or altered to provide dwelling units for occupancy by 2 families.
DWELLING UNIT. 1 or more rooms in a residential structure, or other structure properly zoned for residential uses, which are arranged, designed, used, or intended for use by 1 family, plus not more than 4 lodgers, for living or sleeping purposes, and which includes complete kitchen facilities permanently installed.
EASEMENT. The area of land set aside or over or through which a liberty, privilege, or advantage in land, distinct from ownership of the land, is granted to the public or some particular person, or quasi-public entity, or part of the public.
EASEMENT, CONSERVATION. A type of "protective covenant" the boundary lines of which are graphically depicted on the face of a preliminary subdivision plat, final subdivision plat, or condominium or filed as a separate legal instrument used to conserve and preserve a natural resource feature that is protected under the provisions of this chapter.
EROSION. The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.
FAMILY. 2 or more persons related by blood, marriage, or adoption, or a group of not more than 2 persons (excluding servants), who need not be related by blood, marriage, or adoption, living together and maintaining a common household, but not including sororities, fraternities, or other similar organizations. Where the family is related by blood, marriage, or adoption, said family may keep foster children in their household and still be considered to be a single family.
FARM. An area which is used for the growing of the usual farm products such as: vegetables, fruit trees, and grain, and for the packing or storage of the products produced on the premises; as well as for the raising thereon of the usual farm poultry and farm animals such as horses and cattle, as secondary to crop raising, subject to distance limitations from residential property, and not including the commercial feeding of garbage or offal to swine or other animals, the commercial feeding of animals on open lots where no feed is raised on the premises, or the commercial feeding of poultry broilers, or laboratory animals, such as mice, rats, rabbits, etc.
FENCE. A structure which is a barrier or is used as a boundary or means of protection or confinement.
FENCE, SOLID. A fence, including gates, which conceals from view from adjoining properties, streets, or alleys activities conducted behind it.
FINAL PLAN. Required as a part of the procedures of a planned unit development.
FLOOD. As defined in chapter 154, "Floodplain Regulations", of this title, as amended.
FLOOD FRINGE. As defined in chapter 154, "Floodplain Regulations", of this title, as amended.
FLOOD LANDS. Those lands, including the channels, floodways, and floodplain fringe of any given reach, which are subject to inundation by the flood with a given recurrence frequency.
FLOODPLAIN. As defined in chapter 154, "Floodplain Regulations", of this title, as amended.
FLOOR AREA, GROSS. For the purpose of determining the floor area ratio, the gross floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings, measured from the exterior faces of exterior walls or from the centerline of party walls separating 2 buildings. In particular, "gross floor area" shall include:
(A) Basement space if at least 0.5 of the basement story height is above the established curb or ground level;
(B) Elevator shafts and stairwells at each floor;
(C) Floor space used for mechanical equipment where the structural headroom exceeds 7.5 feet; except equipment, open or enclosed, located on the roof; i.e., bulkheads, water tanks, and cooling towers;
(D) Attic floor space where the structural headroom exceeds 7.5 feet;
(E) Interior balconies and mezzanines;
(F) Enclosed porches, but not terraces and breezeways;
(G) Accessory structures.
FLOOR AREA, GROSS (For Determining Requirements For Off Street Parking And Off Street Loading). The sum of the gross horizontal areas of the several floors of the buildings or portion thereof, devoted to such use, including accessory storage areas within the principal structure located within selling or working space, such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area for purposes of measurement for off street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off street parking or loading facilities, including aisles, ramps, and maneuvering space, or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
FLOOR AREA, GROUND. The lot area covered by a principal building, measured at grade from the exterior faces of the exterior walls, but excluding open porches or terraces, garages, or carports.
FLOOR AREA RATIO, GROSS (GFAR). An intensity measured as a ratio derived by dividing the total gross floor area of a building or structure by the base site area. Where the lot is part of a larger development and has no required buffer yard, that lot area may be used instead of the base site area to calculate the lot's development potential.
FLOOR AREA RATIO, NET (NFAR). An intensity measured as a ratio derived by dividing the total gross floor area of a building or structure by the net buildable site area.
FOOT-CANDLE. A unit of illumination produced on a surface, all points of which are 1 foot from a uniform point source of 1 candle.
FOSTER FAMILY HOME. The primary domicile of a foster parent which is used for foster children.
FREQUENCY. The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
FRONTAGE. All the property fronting on 1 side of a street between the nearest intersecting streets or between a street right-of-way, waterway, or other similar barrier.
GARAGE. An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business, service, or industry connected directly or indirectly with automobile vehicles is carried on; provided that not more than 0.5 of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of 1 or 2 car capacity may be so rented. Such a garage shall not be used for more than 1 commercial vehicle and the load capacity of such vehicle shall not exceed 0.5 ton.
GOLF COURSE. Public, semipublic, or private grounds over which the game of golf is played, including accessory buildings, accessory structures, and land uses incidental thereto, and consisting of at least 60 acres for each standard 9 hole course, 120 acres for each standard 18 hole course, and 25 acres for each 9 hole, par 3 course.
GRADE, STREET. The elevation of the established street in front of the building, measured at the center of such front. Where no street grade has been established, the Village Engineer shall establish such street grade or its equivalent for the purpose of this chapter.
GREENHOUSE. An enclosed structure, permanent or portable, which is used primarily for the growth of plants.
GROUP HOME (Also Known As COMMUNITY LIVING ARRANGEMENT). A single dwelling unit occupied on a permanent basis by a group of unrelated persons with disabilities plus paid professional support staff provided by a sponsoring agency either living with the residents on a 24-hour basis or available in accordance with the particular needs of the residents; is State licensed; has obtained a license from the Village; and complies with all applicable State and Village codes, regulations and ordinances and with the zoning regulations for the district in which it is located. Group home does not include a residence which serves persons as an alternative to incarceration for a criminal offense or persons whose primary reason for placement is substance or alcohol abuse or persons whose primary reason for placement is treatment of a communicable disease.
GUTTER. A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.
HELISTOP. An area designated for the landing and taking off of helicopters for the purpose of picking up or discharging passengers or cargo, not including fueling or service facilities.
HIGH WATER ELEVATION (SURFACE WATER). The average annual high water level of a pond, stream, lake, flowage, or wetland, referred to an established datum plane or, where such elevation is not available, the elevation of the line up to which the presence of water is so frequent as to leave a distinct mark by erosion, change in, or destruction of, vegetation or other easily recognized topographic, geologic, or vegetative characteristic.
HOME OCCUPATION. Any gainful occupation or profession engaged in by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes.
HOMEOWNERS' ASSOCIATION. An Illinois not for profit corporation which serves as an association of homeowners within a subdivision or condominium having shared common interest responsibilities with respect to the costs and upkeep of common private property of a subdivision or condominium. Such common property includes private recreation and open space areas within the subdivision or condominium. For the purposes of this chapter, homeowners' associations include condominium associations.
HOSPICE. A facility in which care for terminally ill patients is provided.
HOSPITAL. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for not less than 24 hours in any week of 3 or more nonrelated individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions. The term "hospital" as used herein does not apply to institutions operating solely for the treatment of insane persons, drug addicts, liquor addicts, or other types of cases necessitating restraint of patients, and the term "hospital" shall not be used for convalescent, nursing, shelter, or boarding homes.
HOSPITAL, ANIMAL. A lot, building, structure, enclosure, or premises whereon or wherein 3 or more dogs, cats, or other domestic animals are kept or maintained and is operated by, or the treatment therein is under direct supervision of, a veterinarian licensed to practice by the State of Illinois. Crematory facilities shall not be allowed in an animal hospital.
HOT TUB. A spa which has a tub constructed of wood.
ILLUMINATION, MAXIMUM PERMITTED. The maximum illumination measured in foot-candles at the interior buffer yard line at ground level.
IMPERVIOUS SURFACE. Impervious surfaces are those which do not absorb water. Impervious surfaces consist of all buildings, parking areas, driveways, roads, sidewalks, decks, and any areas of concrete, asphalt, or gravel. In the case of lumberyards or similar uses, areas of stored lumber constitute impervious surfaces.
IMPERVIOUS SURFACE RATIO (ISR). A measure of the intensity of land use which is determined by dividing the total area of all impervious surfaces on a site by the base site area (resulting in the gross ISR determination) or the net buildable area (resulting in the net ISR determination).
IMPROVEMENT. Any manmade immovable item which becomes part of, placed upon, or is affixed to real estate.
INSPECTOR. The Zoning Administrator, Building Inspector, and/or Code Enforcement Officer of the Village.
INSTITUTION, EDUCATIONAL. Public, private, parochial, charitable, or nonprofit junior college, college, or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.
KENNEL. A lot, building, structure, enclosure, or premises whereon or wherein dogs or cats are maintained, boarded, bred, kept, or cared for in return for remuneration, or are kept for the purpose of sale, or are groomed, trained, or handled, for others.
LAKE. Any body of water 2 acres or larger in size as measured by the shoreline at its maximum condition rather than the permanent pool condition, if there is any difference.
LANDOWNER. Any person holding title to or having an interest in land.
LANDSCAPE SURFACE AREA. Surface area of land not covered by any building or impervious surface; pervious surface that is maintained as a natural area and left undisturbed or to support plant life.
LANDSCAPE SURFACE RATIO (LSR). The ratio derived by dividing the area of landscaped surface by the base site area.
LANDSCAPING. Living material, such as grass, ground cover, flowers, shrubs, vines, hedges, and trees; and nonliving durable material such as rocks, pebbles, sand, mulch, wood chips or bark, walls, and fences, but not including paving.
LIVING AREA. That area of a dwelling unit measured from the outside of the exterior walls; including utility rooms, foyers, interior stairwells, hallways, closets, columns and walls and finished half basements or finished portions of half basements; but excluding basements and unfinished half basements, or unfinished portions of half basements, open porches, breezeways, garages, and other spaces not used frequently or during extended periods for living, eating, or sleeping purposes. The unit of measurement of living area shall be in square feet.
LIVING AREA, FIRST FLOOR. That space used for living purposes which is not above any other space used for living purposes. The first floor living area shall never conform to the definition of BASEMENT, HALF or BASEMENT.
LOT. A parcel of land legally described as a distinct portion or piece of land of record.
LOT AREA. The area contained within the exterior, or peripheral, boundaries or lot lines of a lot excluding street and land under navigable bodies of water.
LOT, CORNER. A lot abutting 2 or more streets at their intersection provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side. A lot that abuts a curved street or streets shall be considered a "corner lot" if the tangents to the curve at the curve's point of beginning between the side lot lines, or at the points of intersection of the side lot lines with the lot line abutting the street, intersect at an interior angle of less than 135 degrees.
LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings, accessory structures and accessory buildings. For purposes of this definition, patios, sidewalks, driveways and inground pools at grade shall not be considered accessory structures. However, the maximum allowed impervious area on any zoning lot as governed by the Village's watershed development ordinance shall not be exceeded.
LOT, DOUBLE FRONTAGE. A lot, other than a corner lot, with frontage on more than 1 street. Double frontage lots shall normally be deemed to have 2 front yards, 2 side yards and no rear yard. Double frontage lots shall not generally be permitted unless the lot abuts an arterial highway. Double frontage lots abutting arterial highways should restrict direct access to the arterial highway by means of a planting buffer or some other acceptable access buffering measure.
LOT LINE. A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends to the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way line.
LOT LINE, FRONT. The front property boundary line of a zoning lot.
LOT LINE, REAR. The lot line or lot lines most nearly parallel to and most remote from the front lot line.
LOT LINE, SIDE. A lot line other than a front or rear lot line.
LOT, MULTIPLE-FAMILY RESIDENTIAL. A lot or lots platted for multiple-family residential use.
LOT OF RECORD. An area of land designated as a lot on a plat of subdivision or condominium recorded or registered pursuant to Illinois Statute existing at the time of the adoption of this chapter.
LOT, SINGLE-FAMILY RESIDENTIAL. A lot or lots platted for single-family residential use and containing a detached building for use by a single family.
LOT, VACANT SINGLE-FAMILY RESIDENTIAL. A lot or lots platted for single-family residential use and which does not contain a building.
LOT WIDTH. The horizontal distance between the side lot lines measured at the front setback line.
LUMINAIRE. A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
MANUFACTURING. The making of anything by any agency or process.
MEDICAL HEALTH CENTER. An establishment where patients are admitted for special study and treatment by 2 or more licensed physicians and their professional associates, practicing medicine together.
MEDICAL OFFICE. A facility used for offices of 1 or more physicians, dentists, clinical psychologists, nurse practitioners, and similar medical professionals, for the examination and treatment of patients, in which 1 or more medical professionals may be associated together or practicing independently of each other. Medical offices may include apothecaries, dental and medical laboratories, naprapathy, X-ray and/or other similar facilities and services, but do not include inpatient facilities devoted primarily to major surgical procedures or accommodations for the overnight stay of patients.
MIXED USE. A building or structure that contains 2 or more of the following basic land use types: commercial, office, or residential which are vertically integrated, and that are located over each other in whole or in part. Mixed uses may be integrated horizontally provided that they are physically interrelated by pedestrian areas that are uninterrupted by vehicular traffic. In horizontal integration of mixed uses, the uses may not be separated by roads or parking areas.
MOTEL. A group of attached or detached buildings or facility containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels, motor lodges, or other similar type uses. Customary services such as maid service, telephone, linen, and desk service, and the use and upkeep of furniture are provided.
MUNICIPAL CODE. The Municipal Code of the Village of Lindenhurst, Lake County, Illinois.
NATURAL RESOURCE PROTECTION STANDARD. The proportion of the natural features of a site (excluding land occupied by public street rights-of-way), which shall remain undeveloped and protected and is specifically designated for natural resource protection by deed restriction, protective covenant, zoning, or a combination thereof.
NATURAL RESOURCES. Areas of steep slopes, woodlands and forests (mature and young), lakes, ponds, streams, shore buffer, floodplains, "flood lands", drainageways, and wetlands as defined in this chapter and as defined in chapter 154, "Floodplain Regulations", of this title, as amended.
NONCONFORMING BUILDING. A building or structure, or portion thereof, as described under Illinois Municipal Code, 65 Illinois Compiled Statutes 5/11-13-1 as amended, lawfully existing at the time of the adoption of this chapter, which was designed, erected, or structurally altered for a use that does not conform after the passage of this chapter to the use regulations of the district in which it is located.
NONCONFORMING STRUCTURE. Any structure, as described under Illinois Municipal Code, 65 Illinois Compiled Statutes 5/11-13-1 as amended, which does not conform to the regulations of this chapter prescribing the maximum floor area ratio, required yards, coverage, height and setbacks, minimum required spacing between structures on a single lot, and minimum required usable open space for the district in which such structure is located.
NONCONFORMING USE. Any building, structure, or land, as described under Illinois Municipal Code, 65 Illinois Compiled Statutes 5/11-13-1 as amended, lawfully occupied by a use or lawfully established at the time of the adoption of this chapter or amendments hereto, which does not conform after the passage of this chapter, or amendments hereto, with the use regulations of this chapter.
NONRESIDENTIAL USE. A building or portion thereof, and the site upon which it is located, not designed or used exclusively for residential occupancy. These uses specifically exclude 1-family dwelling units, 2-family dwelling units, and multiple- family dwelling units. Nonresidential uses specifically include hotels, motels, or boarding or lodging houses.
NOXIOUS MATTER. Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social, or economic well being of human beings.
NURSERY. A place where the primary activity is the growing of plants, flowers, trees, and shrubs for sale.
NURSERY SCHOOL. An institution providing daycare for children from 4 to 6 years of age.
NURSING HOME. A private institution for the care of the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.
OBSTRUCTION. An obstacle, impediment, or hindrance.
ODOROUS MATTER. Solid, liquid or gaseous material which produces an olfactory response in a human being.
OFFICIAL MAP. That document as described in Illinois Municipal Code, 65 Illinois Compiled Statutes 5/11-12-6 as amended, relating to: the size of streets, alleys, public ways, parks, playgrounds, school sites, other public grounds, and ways for public service facilities; the kind and quantity of materials which shall be used in the construction of streets and alleys; and the kind and quality of materials for public service facilities as may be consistent with Illinois Commerce Commission or industry standards, and shall contain the standards required for drainage and sanitary sewers and collection and treatment of sewage within the geographic limitations set forth under the provisions of Illinois Municipal Code, 65 Illinois Compiled Statutes 5/11-12-6 as amended.
ON-PREMISES CANNABIS CONSUMPTION ESTABLISHMENT. An on-premises cannabis consumption establishment means a cannabis business establishment or other entity that is authorized or permitted to allow the on-premises consumption of cannabis.
OPEN SPACE. Any site, parcel, lot, area, or outlot of land or water essentially unimproved and set aside, dedicated, designated, or reserved for the public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Land that is to be used primarily for resource protection, agriculture, recreational purposes, or otherwise left undisturbed and specifically excluding road rights-of-way and lots. Open space land shall not be occupied by nonrecreational buildings, roads, drives, public rights-of-way, or off street 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, COMMON. A common area used for the preservation of open space.
OPEN SPACE, DEED RESTRICTED. Deed restricted open space is land located on platted "outlots" only and not occupied by any principal or accessory buildings or structures, roads, road rights-of-way, or parking areas; and is owned by a homeowners' association. Deed restricted open space on platted "outlots" is not occupied by nonrecreational principal or accessory buildings or structures, roads, road rights-of-way, or parking areas. The maintenance of deed restricted open space located on platted "outlots" is by a homeowners' association. The maintenance of deed restricted open space located on platted "lots" is by the individual lot owner.
OPEN SPACE, PUBLIC. An open space area conveyed or otherwise dedicated to a municipality, municipal agency, public school district, State or County agency, or other public body for recreational or conservational uses. Any publicly owned open area, including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways, and streets.
OPEN SPACE RATIO (OSR). The number derived by dividing the open space of the site by the base site area. When applied to natural resource protection, the open space ratio shall include the natural resource feature(s) to be protected. Minimum requirements for open space ratios are set forth for the various zoning districts under individual zoning district requirement sections of this chapter.
ORDINARY HIGH WATER MARK. The point on the bank or shore of a navigable water up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.
OWNER. Includes the plural as well as the singular and may mean either a natural person, individual, firm, association, syndicate, partnership, private corporation, public or quasi- public corporation, or combination of these having sufficient proprietary interest to seek development of land.
OWNERSHIP. For the purpose of this chapter, lots shall be considered as owned by the same person when they are owned by the same individual or corporation; an individual and another in joint tenancy, or as tenants in common, and either of said joint or common tenants owns other lots individually or as joint tenant or tenant in common with another; as individual and other lots by his spouse, parent, grandparents, children, grandchildren, or the spouse of any child or grandchild, or a brother or sister or when any of said lots are owned by an individual and other lots are owned by a corporation in which said individual is an officer or director or controlling stockholder.
PARK, PRIVATE. A privately owned outdoor recreational area.
PARK, PUBLIC. A publicly owned recreational area.
PARKING AREA. An open, hard surfaced area, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.
PARTICULATE MATTER. For the purposes of determining air contaminations, particulate matter is any material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid capable of being airborne or gasborne. Dust is solid particulate matter capable of being airborne or gasborne.
PASTURE. An area of grass or other vegetative cover grown for the purpose of grazing animals.
PERFORMANCE STANDARD. A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.
PERMITTED USE. A use by right which is specifically authorized in a particular zoning district.
PERSON. Any natural person, firm, corporation, or partnership.
PLAN COMMISSION. The Village of Lindenhurst Plan Commission consistent with Illinois Municipal Code, 65 Illinois Compiled Statutes 5/11-12 "Plan Commissions" creating a Plan Commission for the Village of Lindenhurst, Illinois.
POND. All bodies of water less than 2 acres in area as measured by the shoreline at its high water level.
PORCH. A roofed over impervious structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.
PRELIMINARY PLAN. Required as a part of the procedures of a planned unit development.
PRINCIPAL USE. The main use of land or buildings as distinguished from a subordinate or accessory use.
PROTECTIVE COVENANTS. Contracts entered into between private parties or between private parties and public bodies, which constitute a restriction on the use of all private property or platted property within a subdivision for the benefit of the public or property owners, and to provide mutual protection against undesirable aspects of development that would tend to impair stability of values.
PUBLIC WAY. Any public road, street, highway, walkway, drainageway, or part thereof.
QUARTERS, TEMPORARY. A room or rooms located on the property and intended for the temporary use of a watchman, servant, owner, etc. These quarters shall not be used as permanent living quarters.
QUEUING SPACE. For the purpose of this chapter, queuing space is that on site area required, in terms of the number of cars that must be accommodated, while awaiting ingress or egress to specified business or service establishments.
RECORDER OF DEEDS. Lake County Recorder of Deeds.
RECREATION, PASSIVE. Recreational uses, areas, or activities oriented to noncompetitive activities which require no special equipment. Passive recreation areas are generally maintained by mowing. Bicycle riding, hiking, and birdwatching are examples of passive recreation activities.
RECREATIONAL VEHICLE. Any motor vehicle, any travel trailer or trailer, camper, motor home, tent trailer or camping trailer, any motor home or camper box, any boat, hovercraft, or other watercraft device, any motorcycle or off road vehicle, any snowmobile or snowmobile trailer or any other device designed for any similar purpose.
RECREATIONAL VEHICLE HEIGHT. A vertical distance measured from the mean height of the ground to the uppermost aerial extension (excluding antennas) of a recreational vehicle.
RECREATIONAL VEHICLE LENGTH. A linear distance, as measured by a straight line, from the rearmost horizontal portion or extension to the frontmost horizontal portion or extension of a recreational vehicle.
RECREATIONAL VEHICLE WIDTH. A linear distance, as measured by a straight line, from one opposing side (including extensions) to the other corresponding side (including extensions) of a recreational vehicle.
RECYCLABLE MATERIALS. Discards or waste materials that are collected, separated, or processed, and eventually used as raw materials for products.
RECYCLING. The services or activities by which materials that would otherwise remain wastes are collected, separated, or processed and used in the form of raw materials.
RESIDENTIAL HOUSING FOR THE ELDERLY. Traditional residential facilities for the elderly as well as assisted living. Such housing is a part of a facility within which residents, with or without minor physical disabilities, live, cook, dine, and recreate and may avail themselves of medical and other services.
RESIDENTIAL USE. A building or portion thereof, and the site upon which it is located, designed or used exclusively for residential occupancy, including 1-family dwelling units, 2-family dwelling units, and multiple-family dwelling units, but not including hotels, motels, or boarding or lodging houses.
RESTAURANT. Any land, building, or part thereof, other than a boarding house, where meals are provided for compensation, including a cafe, cafeteria, coffee shop, lunchroom, tearoom, and dining room; and including the serving of alcoholic beverages when served with and incidental to the serving of meals.
ROOFLINE. The top or bottom edge of a roof or building parapet excluding any cupolas, pylons, chimneys, or other minor projections.
ROOMING HOUSE. A building with not more than 5 guestrooms where lodging is provided for compensation, pursuant to previous arrangement, but not open on a daily, overnight, or per meal basis to transient guests.
RUNOFF. The rainfall, snowmelt, discharge pumping, or irrigation water flowing over the ground surface.
SIC. Standard Industrial Classification from the 1987 (or latest edition) manual published by the Executive Office of the President, Office of Management and Budget.
SEAT. Furniture upon which to sit. In the case of attached seating, having a linear measurement not less than 22 inches across the surface used for sitting; intended for use in determining off street parking requirements.
SENIOR HOUSING, AGE RESTRICTED. A residential development of individual dwelling units constructed, maintained, and operated for occupancy of people who meet the Federal guidelines for senior housing and is not considered skilled or assisted living and may provide communal eating, recreational, and other facilities for the exclusive use of the occupants and their guests.
SETBACK. Those minimum street, front, rear, and/or side yards required by this chapter.
SETBACK LINE, BASE. The ultimate street line as established by the Comprehensive Plan of the Village, or component thereof, and/or a highway width ordinance of Lake County or by an official map of the Village. On all such streets the base setback line shall be located at a distance from the centerline equal to 1/2 of such established width. On all other streets, the base setback line shall be 30 feet from the centerline of such street or 60 feet from the center point of a cul-de-sac, unless specifically designated otherwise by the Village Board. The base setback line of frontage roads shall be located at a distance from the centerline equal to 1/2 of the right-of-way of said frontage road. All setback lines shall be parallel to and measured at right angles to the centerline of the street or highway. All front yard building setbacks shall be measured from the base setback lines.
SETBACK LINE, BUILDING. A line parallel to the street line at a distance from it, regulated by the front yard requirements set up in this chapter.
SHELTER, EMERGENCY. Public or private enclosures designed to protect people from aerial, radiological, biological, or chemical warfare, fire, flood, windstorm, riots, and invasions.
SHOPPING CENTER. A group of commercial establishments which is planned, developed, owned, and managed as a unit.
SLOPE. The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.
SMOKE. Small gasborne particles other than water that form a visible plume in air.
SOUND LEVEL METER. An instrument standardized by the American Standards Association for measurement of intensity of sound.
SPA. A commercially manufactured molded plastic or fiberglass 1 piece tub capable of containing 850 gallons or less of water which incorporates apparatus for heating and recirculating the water, the intended use of which is recreational bathing and which is available only to the family and guests of the household.
STABLE, PRIVATE. Any building which is located on a lot on which a dwelling is located and which is designed, arranged, used, or intended to be used for housing equines for the private use of occupants of a principal dwelling, but in no event for hire.
STABLE, PUBLIC. A use on which equines are kept for sale or hire to the public. Breeding, boarding, or training of equines may also be conducted.
STORAGE, OUTDOOR. The keeping of goods or materials, excluding junk, outside of a building, and which shall be considered as an accessory use, unless specifically indicated as a principal use under this chapter.
STORY. That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.
STREAM. A course of running water, either perennial or intermittent, flowing in a channel.
STREET. A public way, other than an alley, which affords a primary means of access to abutting property.
STREET, ARTERIAL. A Federal, State, or County marked route normally having 2 or 4 lanes for traffic and some form of median marker. An arterial street may also be a Village designated "arterial street" in the adopted Village of Lindenhurst Comprehensive Plan or component thereof, or on the official map. A street used, or intended to be used, primarily for fast or heavy through traffic providing for the expeditious movement of through traffic into, out of, and within the community. Arterial streets shall include freeways and expressways as well as standard arterial streets, highways, and parkways. Arterial streets shall be located to minimize the penetration of such streets through existing and proposed residential areas.
STREET, COLLECTOR. A street used, or intended to be used, to carry traffic from minor streets to the system of arterial streets including principal entrance streets to residential developments and/or activity/employment centers. Collector streets shall be designed to convey an average daily traffic (ADT) of between 500 and 3,000.
STREET LINE. A line separating a lot, piece, or parcel of land from a street.
STREET, MINOR. A street used, or intended to be used, primarily for access to abutting properties. Residential minor streets that are designed as either looped or through streets shall be designed so that no section conveys an average daily traffic (ADT) greater than 500. Residential minor land access streets that are designed as permanent cul-de-sac streets shall be designed so that no section conveys an average daily traffic (ADT) greater than 250.
STREETSCAPE. Those features of either the manmade or natural environment which abut, face, or are a part of a public street right-of-way including landscaping (materials and plants), street furniture, building facades, and utilities and facilities which are visible to the public such as fire hydrants, storm sewer grates, sidewalk and street paving, etc.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, and girders.
STRUCTURE. Anything constructed or erected which requires location on the ground, including a fence or freestanding wall. A sign, billboard, or other advertising medium, detached or projecting, shall be construed to be a structure.
STRUCTURE, PRINCIPAL. A nonaccessory structure in which the principal use of a zoning lot on which it is located is conducted.
SUBDIVISION. The division of a lot, parcel, or tract of land by the owners thereof, or their agents, meeting the requirements of the State of Illinois Act 205 titled "Plat Act" and chapter 158, "Subdivision Code", of this title, as amended.
SWIMMING POOL. Any structure that contains water, excluding a hot tub or a spa, which is capable of being filled to a depth of 24 inches or more or has a surface area in excess of 250 square feet and which is intended to be used for swimming or recreational bathing and is available only to the family and guests of the household.
TAVERN (BAR). A building where liquors are sold to be consumed on the premises and where snacks and sandwiches are also available for consumption on the premises, but not including restaurants, where the principal business is serving food.
TENTATIVE PLAT. In the case of a land division, a map showing the salient features of a proposed subdivision submitted to the Village of Lindenhurst for purposes of preliminary consideration pursuant to the requirements set forth in chapter 158, "Subdivision Code", of this title, as amended.
TOURIST HOME. A dwelling in which accommodations are provided or offered for transient guests.
TOWER, ANTENNA. Any structure that is designed and constructed for the purpose of supporting 1 or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
TOXIC AND NOXIOUS MATTER. Any solid, liquid, or gaseous matter, including, but not limited to, gases, vapors, dusts, fumes, and mists, containing properties which by chemical means are inherently harmful and likely to destroy life or impair health, or capable of causing injury to the well being of persons or damage to property.
TRAILER. A vehicle without motor power used or adaptable for living, sleeping, hauling, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet Building Code requirements, and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "trailer" shall include "camp car" and "housecar". A permanent foundation shall not change its character unless the entire structure is erected in accordance with prevailing Village codes and ordinances.
TREE. Any self-supporting, woody plant together with its root system, growing upon the earth usually with 1 trunk, or a multistemmed trunk system, supporting a definitely formed crown.
TREE, CANOPY. A tree whose leaves would occupy the upper level of a forest in a natural ecological situation. This type of tree is often referred to as a shade tree.
TREE, STREET. A tree located in a public place, street, special easement, or right-of-way adjoining a street.
TREE, UNDERSTORY. A tree whose leaves would occupy the lower level of a forest in a natural ecological situation. This type of tree is often referred to as an ornamental tree.
TRIP. A single or 1-way vehicle movement to or from a property.
USE. The purpose for which land or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let, or leased.
USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use.
USE, TEMPORARY. A use occupied for short and/or intermittent periods of time not to exceed 1 year.
UTILITY, PUBLIC. Any person, firm, corporation, or Municipal department duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, transportation, or water.
VEHICLE, COMMERCIAL. Any vehicle over 6,000 pounds' empty weight.
VEHICLE WEIGHT, GROSS. The weight of a motor vehicle plus the maximum load it is permitted to carry.
VIBRATION. Ground transmitted oscillations. The periodic displacement or oscillation of the earth.
VILLAGE ADMINISTRATOR. The Village Administrator of the Village of Lindenhurst, Lake County, Illinois.
VILLAGE ATTORNEY. The Village Attorney of the Village of Lindenhurst, Lake County, Illinois.
VILLAGE BOARD. The Village Board of the Village of Lindenhurst, Lake County, Illinois.
VILLAGE CLERK. The Village Clerk of the Village of Lindenhurst, Lake County, Illinois. For application purposes, the term "Village Clerk" may include the Village Clerk's designee.
VILLAGE ENGINEER. The Village Engineer of the Village of Lindenhurst, Lake County, Illinois.
VILLAGE PLANNER. The Village Planner of the Village of Lindenhurst, Lake County, Illinois.
WALL. When completely outdoors, a continuous masonry and/or concrete fence.
WALL, PARTY. A wall containing no opening that extends from the elevation of a building footing or footings to the elevation of the outer surface of the roof or above, which separates contiguous buildings but is in joint use for each building.
WALL, RETAINING. A structure constructed and erected between lands of different vertical elevations used to protect structures and/or to prevent erosion.
WATERCOURSE. A permanent or intermittent stream channel.
WETLAND. An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
WIRELESS COMMUNICATIONS SERVICE. The provision of wireless communication services which include, but are not limited to, cellular communications service (CCS), personal communication service (PCS), specialized mobile radio service (SMR), enhanced specialized mobile radio (ESMR), paging services, and other wireless communication services.
WOODLAND, MATURE. An area or stand of trees whose total combined canopy covers an area of 1 acre or more and at least 50% of which is composed of canopies of trees having a diameter at breast height (dbh) of at least 10 inches; or any grove consisting of 8 or more individual trees having a dbh of at least 12 inches whose combined canopies cover at least 50% of the area encompassed by the grove. No trees grown for landscape nursery or orchard purposes shall be considered a mature woodland.
WOODLAND, YOUNG. An area or stand of trees whose total combined canopy covers an area of 0.50 acre or more and at least 50% of which is composed of canopies of trees having a diameter at breast height (dbh) of at least 3 inches. No trees grown for landscape nursery or orchard purposes shall be considered a young woodland.
YARD. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this chapter, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.
YARD, FRONT. A yard extending along the full length of the front lot line between the side lot lines and lying between the front line of the lot and the nearest line of the principal building. That yard which is obviously the front by reason of the prevailing custom of the other buildings in the area or in the Village. Where such front yard is not obviously evident to the Zoning Administrator, the Zoning Administrator shall determine the front yard.
YARD, REAR. A yard extending along the full length of the rear lot line between the side lot lines and lying between the rear line of the lot and the nearest line of the principal building. On a corner lot, the rear yard shall be that yard directly opposite the front yard.
YARD, SIDE. A yard extending along a side lot line from the front yard to the rear yard and lying between the side line of the lot and the nearest line of the principal building.
YARD, STREET. A yard extending the full width of a lot in that area of a lot located between a lot line abutting a street right-of-way and a building line.
ZONING ADMINISTRATOR. The Zoning Administrator of the Village of Lindenhurst, Lake County, Illinois.
ZONING BOARD OF APPEALS. The Zoning Board of Appeals of the Village of Lindenhurst, Lake County, Illinois.
ZONING DISTRICT. A part or parts of the Village for which the regulations of this chapter governing the use and location of land and buildings are uniform as defined by this chapter and its accompanying maps as amended.
ZONING LOT. A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a "zoning lot" may or may not coincide with a lot of record.
ZONING MAP. The map or maps incorporated into this chapter as a part hereof, designating and delineating the boundaries of zoning districts.
ZONING PERMIT. The permit required by this chapter prior to the erection, reconstruction, enlargement, or moving of any building or structure, or use of a structure, land, or water where such erection or use complies with all provisions of this chapter.
(Ord. 17-2-2065, passed 2-27-2017; Am. Ord. 19-12-2145, passed 12-9-2019)