(A) Use of definitions. In the construction of this code, the definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise.
(B) Definitions. The following words and terms, when used in the interpretation and administration of this chapter, shall have the meaning set forth except where otherwise specifically indicated. Words and terms not defined here shall be defined as specified in Webster’s New Collegiate Dictionary.
ABANDONMENT. An action to give up one’s rights or interests in property. A use that has not conducted regular, lawful business operations for a period that is the greater amount of time as specified in this chapter or six consecutive months, whichever is shorter.
ABUTTING. See ADJACENT.
ACCESSIBLE PARKING. Parking provided in compliance with the State of Illinois Accessibility Code and the Americans with Disabilities Act of 1990 (ADA), as so amended.
ACCESSORY STRUCTURE. A structure, detached or attached, that is located on the same lot as the principal structure, and is subordinate and customarily incidental to the use of the principal structure. The structure is smaller in size than the principal building and contributes to the comfort, convenience or necessity of the occupants of the principal structure.
ACCESSORY USE. A use that is subordinate in area, extent and purpose to the principal use; contributes to the comfort, convenience or operation of the principal use; and is located on the same lot as the principal use.
ACRE. A measure of land containing 43,560 square feet.
ADJACENT. The condition of sharing a common property line, being located in the immediate vicinity, or being located directly across a street.
ADJOINING. The condition of being contiguous or sharing a common property line.
ADULT BOOKSTORE. An establishment having as more than 25% of its stock and trade in books, films, video cassettes (whether for viewing off premises or on premises), or magazines and other periodicals that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.
ADULT CABARET. A cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
ADULT ENTERTAINMENT. Any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type, which has, as a significant or substantial portion of such performance, any actual or simulated performance of specified sexual activities, or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomime, modeling or any other personal service offered customers.
ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons regularly used for presenting material having as a dominant theme, or presenting material distinguished or characterized by an emphasis on, matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity of less than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.
AGRICULTURE. Land, including necessary buildings and structures, for the raising of soil crops or the raising of domestic animals as the principal occupation of the resident or user. It shall include truck farming, bee-keeping, the raising of fruit and berries, and selling the products thereof, farming, horticulture, viticulture, forestry, crop and tree farming, gardening, and the operation of any machinery or vehicles incidental to such activities; but shall not include the keeping, raising or feeding of pigs, hogs or swine, or poultry.
AIR TRANSPORTATION. Any area of land used or intended for use for the landing and takeoff of aircraft, helicopters and similar transportation devices, together with all attendant structures.
ALLEY. A public or private way primarily designed to serve as a secondary means of access to those parcels whose principal frontage is on a public street.
ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building or structure, including, among others, any change in the bearing walls, columns, beams or girders, and floor joist, or rafters, or change in roof or external line.
ANIMAL HOSPITAL. A place where animals are given medical or surgical treatment, and the boarding of animals is limited to short-term care incidental to the hospital use.
ANTENNA. An arrangement of wires, metal rods, or similar materials used for the transmission and/or reception of electromagnetic waves.
ANTENNA TOWER. Any structure designed for the purpose of mounting an antenna.
ANTIQUE SHOP. A retail store used for the sale or trading of articles of which 80% or more of the products are antiques. An ANTIQUE is a product sold or exchanged because of value derived because of oldness as respect to present age, and not simply because the same is not a new product. For the purposes of this definition, an ANTIQUE is typically over 50 years old or has collectable value. Based on this definition, an ANTIQUE SHOP is not considered a “secondhand retail store”.
APPURTENANCE. The visible, functional or ornamental objects accessory to and part of a building, structure or vehicle.
ARBOR. An accessory structure with sides and a roof formed by trees or climbing plants trained over a wooden framework.
ARTS AND CRAFTS STUDIO AND GALLERY. A building or structure designed for instruction in the arts (i.e., music instruction, art school and other similar uses), art galleries, and other similar uses.
ARTS OR SUPPORTING ESTABLISHMENTS, INCLUDING PERFORMING ARTS. Establishments that produce or organize, promote, facilitate, and include presentations of the arts. Nightclubs are excluded from this category.
ATHLETIC INSTRUCTION FACILITIES, SMALL. Facilities for the instruction and practice of athletic activities that are of a limited intensity and have minimal impact, if any, on adjacent properties. Typical uses include, but are not limited to, tumbling, martial arts, yoga and similar activities. Such facilities are limited to a maximum of 3,000 square feet of floor area. Facilities having over 3,000 square feet of floor area shall be defined as COMMERCIAL RECREATION, INDOOR.
AUDITORIUM/STADIUM. A building or structure used, or intended to be used, primarily for spectator sports, entertainment events, expositions and other public gatherings. Typical uses include, but are not limited to, sports arena, convention and exhibition halls, stadiums and amphitheaters.
AUTOMATED TELLER MACHINE. A pedestrian-oriented automated device that performs banking or financial functions, which may be located at a location remote from the controlling financial institution. It is part of or attached to the principal structure and is not the primary use of an establishment.
AUTOMATED TELLER MACHINE, REMOTELY LOCATED AND FREESTANDING. A pedestrian- or vehicle-oriented automated device that performs banking or financial functions. lt is freestanding or standalone, is typically located remotely from the controlling financial institution, and may be used as the principal use on a lot. A freestanding automated teller machine might be located on the same lot as the financial institution it serves as a drive-through facility.
AUTOMOBILE ACCESSORY STORE, RETAIL. A retail establishment selling new parts and accessories for motor vehicles, including but not limited to, tires, batteries, oil filters, floor mats and other similar items.
AUTOMOBILE BODY SHOP. Any building, or portion thereof, used for the repair or straightening of a motor vehicle body or frame, welding and/or painting of motor vehicles. Maintenance, service and the repair or replacement of engines, transmissions, differentials and drive trains may be performed as an ancillary function to the body work. Any maintenance or service to vehicles in excess of 8,000 pounds is included in this definition.
AUTOMOBILE AND/OR TRUCK OR RV SALES, NEW AND USED. Any establishment involved in the display, sale, rental or lease of new automobiles, light trucks or motorcycles, RVs and any financial service areas, warranty repair work and other repair service conducted as an accessory use. Used automobiles, light trucks and motorcycles may be sold at the location. However, at least 51 % of the vehicles displayed, sold, rented or leased must be new vehicles.
AUTOMOBILE DEALERSHIP, USED HIGH-END VEHICLES. The use of any building, land area or other premises, or portion thereof, that meets all of the following:
(1) An established place of business being used or will be used primarily for the purpose of selling, displaying, repairing and servicing used automobiles, light trucks or motorcycles;
(2) Operated by a vehicle dealer who holds a valid vehicle dealer license issued by the Illinois Secretary of State to sell used vehicles; and
(3) Where any used motor vehicle for sale displayed in striped parking spaces adjacent to the public street shall have an advertised price that is equal to or greater than the “Baseline Price” and allother vehicles for sale shall have an advertised price no less than $5,000. The baseline price for calendar year 2018 is established as $10,000. The baseline price may be adjusted January 1 of each calendar year thereafter by the city, with advance notice to the property owner to ensure that the property is being primarily used for selling, displaying, repairing and servicing high-end used vehicles.
AUTOMOBILE RENTAL AND LEASING. An establishment that primarily engages in the rental or leasing of automobiles, light trucks, and vans, including incidental parking and servicing of vehicles for rent or lease.
AUTOMOBILE OR TRUCK REPAIR SHOP. Any building, or portion thereof, used for the repair or replacement of engines, transmissions, differentials, drive trains, or any part thereof, and/or the replacement of parts, service and incidental repairs to motor vehicles, but excluding operations specified under AUTOMOBILE BODY SHOP. This use includes passenger automobiles and trucks less than 8,000 pounds.
AUTOMOBILE SALVAGE. Any place where three or more motor vehicles or trailers, not in running condition, or the parts thereof, are stored in the open and are not being restored to operation; or any land, buildings or structures used for the wrecking, sale or storage of these motor vehicles, trailers, or the parts thereof.
BAKERY. A retail establishment primarily engaged in the retail sale of baked products for consumption off-site. The products may be prepared either on- or off-site.
BALCONY. An open, habitable portion of an upper floor extending beyond the building’s exterior wall, which is not supported from below by vertical columns or piers, but is instead supported by either a cantilever or brackets. There are no stairs or direct access to the balcony from the exterior of the building; instead, access is from within the home or building.
BANK. See FINANCIAL INSTITUTION.
BANQUET HALL. A facility or hall available for lease by private parties.
BAR or DRINKING PLACE. An establishment whose primary activity is the retail sale of beer, wine or distilled liquors and other intoxicating beverages, for use or consumption upon the premises, and licensed as such. These establishments may also provide limited food service, dancing and entertainment (primarily music) services. Entertainment, including but not limited to, dancing, bands and comedians, is permitted.
BASEMENT. That portion of a building that is partly or wholly below grade, such that the vertical distance from average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A BASEMENT shall not be counted as a story.
BED AND BREAKFAST. An operator-occupied residence providing accommodations for a charge to the public. Bed and breakfast establishments do not include motels, hotels, boarding houses, or food service establishments.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, municipal, township and county boundary lines.
BODY ART STUDIO.
(1) An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following:
(a) Placing designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; or
(b) Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
(2) This definition does not include ear piercing.
BUILDABLE AREA. The area of a lot or parcel remaining after yard, parking or any other requirements of this chapter have been satisfied.
BUILDING. A permanently located, roofed structure, designed or intended for the enclosure, shelter or protection of persons, animals or other property. All forms of vehicles, even if immobilized, are excluded from this definition.
BUILDING HEIGHT. The overall height of a building as measured from grade plane to:
(1) The highest roof surface for flat roofs;
(2) The highest point on the deck line for mansard roofs; and
(3) One-half the distance from the eaves to the highest point of the roof ridge surface for pitched or hip, gable and gambrel roofs.
Chimneys, antennas, spires and the like integral to a building’s design, and not used for living purposes, shall not be considered part of its height.
BUILDING LINE. A line parallel to adjacent property lines at a distance from the property lines, establishing the minimum open space to be provided between the building and an adjacent lot line. No portion of any building or structure shall be permitted within the building line, except as permitted in §§ 156.022 through 156.024.
BUILDING, PRINCIPAL. A building or structure in which the primary or principal use of the lot in which the building is located is conducted. In a residential district, the dwelling shall be considered the PRINCIPAL BUILDING of the lot on which it is situated.
BUILDING, PRINCIPAL. A building in which the principal use of the lot in which the building is located is conducted. In a residential district, the dwelling shall be considered the PRINCIPAL BUILDING of the lot on which it is situated.
BUILDING SEPARATION. The yard or open space between adjacent buildings on the same lot or on adjoining lots.
BULK REGULATION. Standards and controls that establish the maximum size of a building or structure on a lot, and the buildable area within which a structure may be placed, including lot area, lot coverage, height, lot width, impervious surface coverage, required yards, floor area ratio, landscape surface ratio, and minimum building separation.
BURIAL MONUMENT SALES. An establishment involved, in part or in whole, in the retail sale of tombstones, gravestones, burial monuments, and other similar items.
BUSINESS. An occupation, employment or enterprise that occupies time, attention, labor and materials, or wherein merchandise is exhibited, bought or sold, or where services are offered for compensation.
CAR WASH. A structure, or portion thereof, containing facilities for washing automobiles, and which may utilize production-line methods using a conveyor, blower, steam-cleaning device or other mechanical devices, or provide for the washing or detailing of vehicles by hand.
CARGO CONTAINER. An enclosed, reusable vessel (with doors for loading and unloading), designed without an axle or wheels, which was originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, and/or designed for or capable of being mounted or moved by trains, trucks, ships and other modes of transportation. This definition shall not include sheds.
CARGO CONTAINER MAINTENANCE FACILITY. Any business that engages in the maintenance and repair of cargo containers, not located within a storage facility, that removes the containers from the chassis. This may include facilities or operations engaged in the conversion of cargo containers for secondary use or sale. This definition shall not include an approved, mixed-use commercial property owned by the city for the purpose of facilitating innovative uses of cargo containers for hydroponic farming and/or retail start-up businesses.
CARGO CONTAINER STORAGE FACILITIES. Any site in which the principal use is the movement, storage on a non-permanent basis, staging or redistribution of cargo containers.
CARPET AND RUG CLEANING ESTABLISH-MENT (ON PREMISE). An establishment that provides rug and carpet cleaning services at the same location where the carpet or rug is dropped off by the customer. This definition does not include drop-off services where the carpet or rug is moved to another location for cleaning.
CARPORT. A permanent, roofed structure, open on at least two sides, designed or used for the storage and shelter of motor vehicles.
CARPORT, PORTABLE. See PORTABLE GARAGE OR CARPORT.
CASH FOR VEHICLE LOAN BUSINESS. An establishment that makes small, short-term consumer loans that leverage the equity value of a car or other vehicle as collateral, where the title to such vehicle is owned free and clear by the loan applicant, and any existing liens on the car or vehicle cancel the application, and where failure to repay the loan or make interest payments to extend the loan allows the lender to take possession of the car or vehicle. This excludes state or federally chartered banks, savings and loan associations, or credit unions engaged primarily in the business of making longer-term loans, and which make loans that leverage the total equity value of a car or vehicle as collateral.
CATERING ESTABLISHMENT. An establishment in which the principal use is the preparation of food and meals on the premises, and where food and meals are delivered to another location for consumption.
CEMETERY, BURIAL BUILDING. A cemetery or building used for the interment of bodies or other remains of persons who have died, including mausoleums, vaults or crematoriums.
CINEMA. See MOVIE THEATRE.
CLUB or LODGE. A group of people organized for a common purpose to pursue common goals, interests or activities, and usually characterized by certain membership qualifications, payment of dues, regular meetings, a constitution and by-laws.
COLLEGE or UNIVERSITY. An institution other than a trade school that provides full-time or part-time education beyond high school.
COMMERCIAL RECREATION, INDOOR. A commercial enterprise that receives a fee in return for the provision of a recreational activity. Activities are predominantly participant uses and are conducted wholly within an enclosed building. Typical uses include, but are not limited to, gymnastics facilities, amusement arcades, basketball, tennis, and racquetball courts, and may include larger field uses such as baseball, football or hockey (ice or field).
COMMERCIAL RECREATION, OUTDOOR. A commercial enterprise that receives a fee in return for the provision of a recreational activity. Activities are predominantly participant uses and are conducted in the open or in a partially enclosed structure. Typical uses include, but are not limited to, miniature golf, swimming pools, skating rinks, athletic fields, and tennis, basketball or racquetball courts.
COMMERCIAL OR TRADE SCHOOL. A specialized instructional establishment that provides on-site training of business, commercial, personal and/or trade skills such as accounting, data processing, driver's education or computer repair.
COMMERCIAL USE. An activity carried out for financial gain.
COMMUNITY RESIDENCE. A state-licensed group home or specialized residential care home serving unrelated persons with disabilities, which is licensed, certified or accredited by appropriate local, state or national bodies. COMMUNITY RESIDENCE does not include a residence that serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse, or for treatment of a communicable disease.
COMMUNITY RESIDENCE, LARGE. A community residence serving six to ten persons with disabilities.
COMMUNITY RESIDENCE, SMALL. A community residence serving fewer than six persons with disabilities in a family-like atmosphere.
CONSIGNMENT SHOP. A retail establishment where previously-owned merchandise, such as clothing, jewelry or furniture, is consigned to a dealer who collects a fee and pays the seller after the merchandise is sold. This definition shall not include stores selling consigned vehicles, auto parts, scrap or waste.
CONSUMER AND BUSINESS REPAIR SERVICES. Establishments primarily engaged in the provision of repair services of household and business equipment (excludes any automotive and equipment repair). Typical uses include appliance repair shops, electronic repair, shoe repair, watch or jewelry repair shops, furniture repair, or repair of musical instruments.
CONTIGUOUS. The condition of properties that are adjacent or adjoining for the purpose of defining a zoning lot or lands required to meet minimum area standards for establishing a zoning district.
CONTRACTOR'S SHOP. An establishment used for the indoor storage, repair or maintenance of a contractor’s vehicles, equipment or materials commonly used in the individual contractor’s type of business, and may include the contractor’s business office.
CONTRACTOR’S YARD. An establishment used for the outdoor storage, repair or maintenance of a contractor’s vehicles, equipment or materials commonly used in the individual contractor’s type of business, and may include the contractor's business office.
CONVALESCENT HOME. See SKILLED CARE FACILITY.
CONVENIENCE STORE. An accessory function at an automobile service station that offers or includes the retail sale of merchandise or services not related to the maintenance, service or repair of motor vehicles.
CULTIVATION CENTER FOR MEDICAL CANNABIS. A facility operated by an organization or business that is registered by the Department ofAgriculture to perform necessary activities to provide only registered, medial cannabis-dispensing organizations with usable medical cannabis.
CURRENCY EXCHANGE. An establishment that for compensation engages in the business of cashing checks, sells money orders or cashier’s checks, and cashes checks as its principal business activity This use is also commonly referred to as “payday loan stores” or “check-cashing facilities.” This use does not include those services defined in FINANCIAL INSTITUTIONS.
DAY CARE CENTER. A childcare facility receiving nine or more children for care during all or part of the day.
DAY CARE HOME. A residence licensed be the Illinois Department of Children and Family Services, receiving at least four, but not more than eight children for care during all or part of the day. The maximum of eight children shall include the natural or adopted children under 16 years of age of the occupants of the premises.
DECK. An unroofed platform located above grade, which is usually directly adjoining or attached to a building.
DEPARTMENT STORE.
A business conducted under a single owner's name, where a variety of unrelated merchandise and services are housed and sold directly to the customer for whom the goods or services are furnished.
DISTRICT, ZONING. A section of the corporate areas of the city within which the regulations governing the use of land are uniform.
DOG RUN. An enclosed outdoor area intended for the exercising and containment of dogs or other animals.
DOGGIE DAY CARE. A facility providing such services as canine day care for all or part of a day, obedience classes, training, grooming or behavioral counseling, provided that overnight boarding is not permitted.
DONATION DROP BOX FACILITIES. A receptacle designed with a door, slot or other opening that is intended to accept and store donated items.
DRIVE-THROUGH FACILITY. A facility or establishment designed, intended or used for transaction of business with customers in automobiles. A DRIVE-THROUGH FACILITY may be the principal or an ancillary function of the business. A DRIVE-THROUGH FACILITY does not include mail or parcel collection boxes.
DRIVEWAY. A private roadway providing vehicular access from a street to adjacent property.
DRIVING RANGE. An area on which golf players hit golf balls from a central driving tee. Such area includes the driving tee and other incidental activities pertaining to this activity.
DWELLING. A building, or portion thereof, designed or used exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, but not including hotels, motels or lodging houses.
DWELLING, MULTIPLE-FAMILY. A room or suite of rooms in a multiple-dwelling structure, which is arranged, designed, used or intended to be used individually as a single residence.
DWELLING, ATTACHED SINGLE -FAMILY. Two or more dwelling units, side-by-side, sharing one roof, each of which is totally separated from the other by a wall extending from ground to roof, with separate exterior access to each unit.
DWELLING, DETACHED SINGLE-FAMILY. A detached building designed or used exclusively for a single residence purposes, and which is not attached to any other dwelling unit by any means.
DWELLING UNIT. One or more rooms that are arranged, designed or used as single living quarters, and having its own permanently installed cooking and sanitary facilities.
EASEMENT, UTILITY. A grant by a property owner for the use of a strip or parcel of land by a public agency or utility company for operation and maintenance of utilities, which may include, but are not limited to, natural gas lines, power lines, telephone lines, cable television lines, and other communication lines. The easement may also allow for location of utilities, including water lines, sanitary sewer lines, storm sewer lines, and their appurtenances.
ELECTRIC AND/OR PLUMBING SUPPLY STORE. A retail establishment whose primary business is the sale of plumbing and/or electrical supplies.
ELECTRONIC SMOKING DEVICE. An electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances. ELECTRONIC SMOKING DEVICE includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vaporizer or any other product name or descriptor.
EMERGENCY SHELTER. A building or portion thereof in which shelter, food, lodging and counseling is provided on an emergency basis for persons who are victims of crime or abusive treatment.
ENCROACHMENT. A structure or object placed, located or maintained in any portion of a required yard as permitted by this chapter.
EQUIPMENT SALE OR RENTAL STORE. An establishment providing the retail sale or temporary leasing of tools, lawn and garden equipment, party supplies, and similar goods and equipment, including storage and incidental maintenance. Outdoor display of such items may be provided only as permitted by the district in which it is located. This definition excludes items included in the definitions of EQUIPMENT SALE OR RENTAL STORE, HEAVY and AUTOMOBILE RENTAL AND LEASING.
EQUIPMENT SALE OR RENTAL STORE, HEAVY. The use of any building, land area, or portion thereof, for the display, sale, rental or lease of heavy construction or farm equipment, including cranes, earthmoving and grading equipment, heavy trucks, tractors, and any warranty or repair work and other repair services conducted as an accessory use. Outdoor display of such items may be provided only as permitted by the district in which it is located.
EXTERMINATING SHOP. An establishment that specializes in the extermination of vermin. Such establishments may offer their professional services and/or sell exterminating supplies.
EXTRACTION USES. Mining, concrete-batching plants, ready-mix production facilities (including without limitation storage, loading, selling and transporting related thereto), asphalt plants, (including without limitation storage, loading, selling and transporting related thereto) and concrete pipe-manufacturing facilities (including without limitation storage, loading, selling and transporting related thereto).
FARM HOMESTEAD. A residence that lies upon land used for a family's farming business.
FARM SUPPLY STORE. An establishment involved, in whole or in part, in the retail sale of agricultural or farming supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations pertaining to farming and ranching. The sale and rental of large farming machinery and equipment is subject to the regulations of EQUIPMENT SALE OR RENTAL, HEAVY.
FENCE. A freestanding structure of masonry, metal, composition, wood, or any combination thereof, and used for confinement, screening or partition purposes.
FINANCIAL INSTITUTIONS. Establishments providing financial or banking services to clients, where the principal business is the receipt, disbursement or exchange of funds and currencies. Examples include, but are not limited to, banks, savings and loans, loan companies, or credit unions.
FIREARM. Any device by whatever name known, designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, excluding, however:
(1) Any pneumatic gun, spring or B-B gun that expels a single globular projectile not exceeding eighteen one-hundredths of an inch in diameter;
(2) Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
(3) Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition in the building and/or construction process;
(4) Model rockets designed to propel a model vehicle in a vertical direction.
FIREARMS DEALER. Any person engaged in the sale, lease, trade or other transfer of firearms or ammunition at wholesale or retail. FIREARMS DEALER shall not include any person engaged only in the business of repairing firearms.
FIREARMS and/or FIREARMS AMMUNITION SALES STORE. A facility where those devices herein defined under firearm are sold or the ammunition therefor is sold.
FIREPLACE, PERMANENT. A fireplace designed, constructed and intended for more than short-term use, and which is not readily moveable.
FLEET VEHICLE DISPATCH, HEAVY. A facility that serves as the storage, origin and destination point for semis, trucks, buses, or similarly large vehicles. The use may include the office activity associated with managing and routing the vehicles, as well as minor maintenance on the vehicles.
FLEET VEHICLE DISPATCH, LIGHT. A facility that serves as the storage, origin and destination point for taxis, contractor vans or other similarly small vehicles. The use may include the office activity associated with managing and routing the vehicles, as well as minor maintenance on the vehicles.
FOOD PRODUCTION (WHOLESALE). A manufacturing establishment producing or processing foods for human consumption and related products that are sold (wholesale) to others that package or produce them for final sale to the public.
FOOD STORE or GROCERY. An establishment where food, including meats, produce bakery and dry goods are sold for retail sale. It should include ready-to-consume food items whose preparation does not require cooking.
FORTUNE-TELLING BUSINESS. A use involving the foretelling of the future in exchange for financial or other valuable consideration. FORTUNE TELLING shall be limited to uses where the fortune is told through astrology, augury, card or tea reading, cartomacy, clairvoyance, clairaudience, crystal gazing, divination, magic mediums hip, necromancy, palmistry, psychometry, phrenology, prophecy, spiritual reading, charka reading or any other similar means.
FUEL OIL DEALER. A facility for the storage and/or wholesale transaction of fuels to be distributed to retail sales facilities or other bulk purchasers. Retail sales to the general public are not part of this use.
FUNERAL PARLOR. A building used for the preparation of the deceased for burial, and for the display of the deceased for rituals connected to and conducted before burial or cremation.
FURNACE SUPPLY AND SERVICE. Any building or portion thereof dedicated to the sale or repair of furnaces.
GARAGE, PORTABLE. See PORTABLE GARAGE OR CARPORT.
GARAGE, PRIVATE. An accessory building, or an accessory portion of a building, designed or used for the storage and shelter of motor vehicles.
GARAGE, PUBLIC. A building, or portion thereof, other than a private garage, designed or used for the care, storage, repair and equipping of motor vehicles, or where such vehicles are kept for remuneration, hire or sale.
GAS STATION. Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sale of motor vehicle fuel, and may include as an accessory use the retail sale of merchandise, such as prepackaged food items, fountain beverages, and tangible consumer goods, primarily for self-service by the customer.
GAZEBO. A freestanding accessory structure with a roof that is open on all sides. It may have screening but is otherwise open to the elements. Overhead (i.e. garage style) or roll up doors are prohibited.
GENERATOR. A device that uses fuel to produce electric energy. The devise is used either as a freestanding source of power or as a standby backup in cases of power outages.
GOLD AND SILVER DEALER. A business that buys and sells directly to the public a range of precision metals, collectibles, jewelry and related items.
GOLF COURSE. A facility providing a private or public golf recreation area along with accessory golf support facilities, but excluding standalone miniature golf.
GOVERNMENT OFFICE. A building or structure used by a government agency to provide governmental services to the public. This definition does not include police and fire stations.
GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of a building or accessory structure.
GREENHOUSE. See NURSERY.
GUN CLUB. A facility used for target shooting, trap or skeet, including rifle and pistol clubs.
HEALTH CLUB. A facility designed for the major purpose of physical conditioning and fitness or weight reduction that includes, but is not limited to, such equipment as weight-resistance machines, whirlpools, saunas, showers, lockers or basketball and racquet courts. Massage services accessory to the health club are permitted when licensed by the state. This shall not include municipally-owned recreation buildings.
HISTORIC DISTRICT. That portion of the city so designated as the Historic District.
HOME IMPROVEMENT CENTER. An establishment where home improvement materials, including but not limited to, kitchen and bathroom accessories and fixtures, wall coverings, window coverings, heating and air conditioning, plumbing and electrical supplies, painting and decorating materials, tools and residential construction and remodeling materials and supplies, are sold for retail. May also include plants, nursery products, fertilizers, potting soil, garden tools and utensils. Outdoor storage of building materials may be provided, but is accessory to the principal use and structure, and only as permitted by the district in which it is located.
HOME OCCUPATION. A business, profession, occupation or trade conducted for pecuniary gain entirely within a residential building, or, when permitted, within a structure that is accessory to a residential building.
HOSPITAL. An institution providing primary health services and medical or surgical care to in-patients suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, out-patient facilities or training facilities.
HOT TUB. A small recreational pool container of water with a mechanical air injection system and/or a recirculating system that energizes water for purposes of relaxation or well-being.
HOTEL, EXTENDED STAY. A building designed for extended occupancy for up to one year, containing lodging rooms or suites accessible from a common interior hall or entrance, providing living, sleeping, kitchenette and sanitary facilities. A central kitchen, meeting rooms, dining room and recreation room are generally provided.
HOTEL, SHORT STAY. A building designed for transient occupancy, containing lodging rooms or suites accessible from a common interior hall or entrance, providing living, sleeping and sanitary facilities. A central kitchen, meeting rooms, dining room and recreation room are generally provided.
IMPERVIOUS SURFACE. Any material or surface that prevents or impedes the absorption of water into the soil, including but not limited to: asphalt, paving, concrete, buildings, rooftops excluding eaves, sheds, swimming pools and water features.
IMPERVIOUS SURFACE COVERAGE. The total area of impervious surfaces of a site divided by the gross area of the site. If alternative materials are provided that allow percolation of water, such as the use of grass pavers and similar materials or surfaces, then only 50% of the area is counted towards the impervious surface coverage calculations. For the purposes of calculating residential impervious surface coverage, sidewalks (up to five feet wide) leading from the public sidewalk or garage to the residences front entry are not included in the calculation. To encourage off-street parking, a driveway leading to a garage (provided the driveway does not extend more than two feet beyond the garage door) is not included in the calculation, nor is a driveway used for parking on a lot without a garage, provided the depth is not more than the required front yard, and the width is not more than 24 feet.
KENNEL. Any lot or premises, or portion thereof, where household pets are bred, trained outdoors, boarded or groomed, but are not owned by the owner or occupant of the premises, and/or used for commercial gain.
LABORATORY. A building, or portion thereof, in which scientific research, investigation, testing, analysis or experimentation is conducted on a regular basis; but which is not devoted to the manufacturing of product or products.
LANDSCAPED COVERAGE. The area of a yard or lot devoted to pervious landscaping divided by the area of the yard or lot, and expressed as a percentage. For the purposes of calculating landscape surface ratio, detention may be included with the intent that, by doing do so, it will promote natural water features rather than engineered facilities.
LAUNDRY DRYING EQUIPMENT (RESIDENTIAL). Equipment used outdoors on a residential lot to dry the laundry of individuals occupying the home. Equipment is not to be used for commercial purposes. A clothes line is a typical piece of LAUNDRY DRYING EQUIPMENT.
LIGHTED SPORTS FIELD. An outdoor athletic area illuminated so as to project light and allow athletic competition in the evening.
LIQUOR STORE. Any establishment selling beer, wine and distilled liquors at retail, to the general public, in sealed bottles or containers, for consumption or use away from the premises where the establishment is located.
LOADING AREA. An area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, materials and merchandise.
LOT. Land that is part of a subdivision recorded in the Office of the County Recorder of Deeds. A LOT may consist of a part of another recorded LOT, or a combination of several LOTS adjacent to one another and used as one parcel.
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines. Calculation of the required minimum LOT AREA shall not include the street right-of-way, whether dedicated to the public or a private street, or an easement for access purposes. When adjacent a water course, drainage, drainageway, drainage basin, stream or other lowlands, LOT AREA shall not include easements reserved for the maintenance of the water course or lowlands. The minimum LOT AREA shall not include floodplain, wetlands, creeks or streams, or open bodies of water.
LOT, CORNER. A CORNER LOT is one situated at the junction of and abutting on two or more streets.
LOT COVERAGE. The percentage of a zoning lot occupied by buildings, including accessory buildings and structures covered with a roof.
LOT DEPTH. The distance between the midpoints of the front lot line and the midpoint of the rear lot line.
LOT, DOUBLE FRONTAGE. A lot that has its rear and front yard bordering on a street. For illustration, see graphic under LOT, CORNER.
LOT, INTERIOR. A lot that is not a corner lot.
LOT LINE. The line setting the boundary for a lot.
LOT LINE, EXTERIOR. A lot line that abuts a street.
LOT LINE, FRONT. A street right-of-way forming a boundary of a lot. For corner lots, the shortest side fronting upon a right-of-way shall be considered the FRONT LOT LINE, unless the Zoning Administrator determines otherwise. The Zoning Administrator may use orientation of buildings on adjacent properties when determining the FRONT LOT LINE. Where a building already exists on a lot, the FRONT LOT LINE may be established by the orientation of the principal building, or the principal entrance if the building orientation does not clearly indicate the front of the lot. Where no other method conclusively determines the front lot line, the Zoning Administrator shall designate which of the two lot lines abutting the street right-of-way shall be considered a FRONT LOT LINE, and which shall be considered a side lot line. On vacant corner lots, the Zoning Administrator shall designate which of the two lot lines abutting a street right-of-way shall be considered a FRONT LOT LINE, and which shall be considered a side lot line.
LOT LINE, INTERIOR. A lot line that does not abut a street.
LOT LINE, REAR. A lot line that is opposite and most distant from the front lot line and, in the case of irregular, triangular or gore-shaped lots, a line most parallel to, and at the maximum distance from, the front lot line.
LOT LINE, SIDE. Any lot boundary line that is not a front lot line or a rear lot line.
LOT, WIDTH. The horizontal distance between the side lot lines, measured at right angles to the length of the lot depth at the established front building line. The width of irregular-shaped lots shall be determined by the Zoning Administrator.
LOT, ZONING. A single tract of land located within a single block, which is designated by its owner or developer at time of construction as a tract to be used, developed or built upon as a unit, under single ownership or control.
LOWLANDS. Any watercourse, lake, pond, wetland, fen, spring, floodplain or floodway. A LOWLAND may or may not include a floodway or a floodplain.
LUMBER YARD. An establishment where the principal activity is the retail and wholesale of wood product. Enclosed sales and display areas are accessary to the principal building and outdoor garage of building materials and supplies.
MANUFACTURING. The assembly and fabrication from raw materials or metal products, into intermediate goods used for further value-added production, or the manufacture of large machinery and transportation equipment.
MANUFACTURING, LIMITED. The transformation of materials or substances into new products, including the assembling of components and parts, the MANUFACTURING of products, and the blending of materials.
MASSAGE ESTABLISHMENT. Any establishment or portion of a building, other than a medical facility, where non-medical manipulative exercises are practiced on the human body for other than cosmetic or beautifying purposes, with or without the use of mechanical or bathing devices, by personnel that are not medical practitioners.
MEDICAL CANNABIS CULTIVATION CENTER. A facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.
MEDICAL CANNABIS DISPENSARY. A facility operated by an organization or business registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia or related supplies and educational materials to registered qualifying patients.
MEDICAL OR DENTAL CLINIC. A facility operated by one or more physician, dentist, chiropractor or other licensed practitioner of the healing arts, for the examination and treatment of patients solely on an outpatient basis.
MICRO-BREWERY. A manufacturer of alcoholic malt beverages of up to 15,000 barrels per year for the purpose of wholesale distribution of a majority of its product, with incidental sales of up to 3,000 barrels to the public for on-site consumption or carryout. The micro-brewery facility may include an ancillary tasting room and retail sales in which guests/customers may sample and purchase the product(s) associated with the facility’s use, and/or products manufactured on-site.
MICRO-DISTILLERY. A facility that produces alcoholic beverages in quantities not to exceed 15,000 gallons per year, and includes an accessory tasting room and retail sales area and/or restaurant. A tasting room allows customers to taste samples of products manufactured on-site and to purchase related sales items. Sales of alcohol manufactured outside the facility are prohibited.
MICRO-PANTRY or MINI-LIBRARY. An accessory, non-inhabitable structure that is generally accessible for the public to deposit or to pick up non-perishable food, other toiletry items, or for a MINI-LIBRARY, books or magazines or other reading material to borrow.
MICRO-WINERY. Combination retail, wholesale and small-scale artisan manufacturing business that blends, ferments, processes, packages and distributes wine for sale on- or off-site. The micro-winery facility may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product associated with the facility’s use, and/or products manufactured on-site. Operation of the facility shall be consistent with state law regarding “Second Class Wine Makers”.
MINING. Commercial MINING, including without limitation quarries, pits or plants, the extraction of stone, sand, gravel, earth and other materials (and the use of explosives related thereto), and the processing, crushing, grinding, screening, washing, mixing, storage, loading, selling and transporting of the same for commercial purposes.
MINIMUM CONTIGUOUS AREA. The area that may constitute a separate or detached part of any zoning district classification as set forth in this chapter.
MOBILE HOME. Any vehicle without motor power, used or so constructed as to permit its being used as a conveyance upon the public streets and highways, and licensable as such, constructed in a manner as will permit occupancy as a dwelling or sleeping place for one or more persons, and also including a self-propelled vehicle having a body designed as living quarters.
MOBILE HOME PARK. A plot of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located.
MOBILE STORAGE UNIT. A structure intended for private storage uses by the property owner, such structure having no connection to another structure, and the use of which is limited solely to the storage of inanimate objects.
MOTEL. A building offering transient occupancy, containing lodging rooms directly accessible from an exterior hall or entrance, providing living, sleeping and sanitary facilities, whether the establishment is designated as a hotel, inn, automobile court, motor inn, motor lodge, tourist court or otherwise.
MOVIE THEATRE. A building devoted to showing motion pictures.
MURAL. A graphic displayed on the exterior of a building, generally for the purposes of decoration or artistic expression, including but not limited to painting, fresco or mosaic.
MUSEUM OR CULTURAL FACILITY. Special purpose art, entertainment or recreational establishments. A building, structure or site that preserves or exhibits objects, sites and natural wonders of historic, cultural or educational value. This definition includes, but is not limited to, public and private museums, historical sites, zoos, botanical gardens, arboreta, historical or archeological institutions, and other similar establishments.
NONCONFORMING. The status of any building or structure, or use of any building or structure or tract of land, lawfully existing or under construction at the time of adoption of this chapter or of a later amendment, but which currently does not conform with that required or permitted in the zoning district in which it is located.
NONCONFORMING LOT. A lot that was lawfully created in accordance with lot area and lot frontage regulations in effect at the time of its establishment, but which does not comply with current lot width or area regulations.
NONCONFORMING STRUCTURE. A building or structure that was lawfully created, but no longer complies with the bulk requirements of the zoning district in which it is located.
NURSERY. Land or greenhouses used to raise flowers, shrubs, trees and other plant material for sale.
NURSERY SCHOOL OR PRE-SCHOOL. A facility that instructs children who are at least three years of age, yet have not reached the age for kindergarten, and is recognized, licensed or accredited by the appropriate state department for such use.
OFF-STREET PARKING. A site or a portion of a site, devoted to the off-street parking of vehicles, including parking spaces, aisles, access drives and landscaped areas, and providing vehicular access to a public street.
OFFICES, BUSINESS AND PROFESSIONAL. A room, suite of rooms, or building in which persons transact the affairs of a business, profession, service, or industry. The business may or may not include professionals that provide direct services to the customer. These types of businesses and offices are typically characterized by low traffic and pedestrian volumes, low density building development, and do not produce loud or sustained noise. This definition does not include medical offices or offices that are incidental and accessory to another business or retail activity that is the principal use. Examples include, but are not limited to, attorney and law offices, insurance agency, real estate office, travel agency or ticket office, architectural or engineering firms, government offices, administrative facilities, telegraph office, data processing and computer services, counseling services, accounting and bookkeeping services, and employment agencies.
OUTDOOR AREA FOR RESTAURANT AND/OR BAR. An outside area used for eating and/or drinking.
OUTDOOR PERMANENT KITCHENS/GRILLING STATIONS. An outside area where for cooking that includes some form (or forms) of heating element, such as a stove, cooktop, grill or oven. The area may also include other common kitchen facilities such as sinks, countertop area and storage spaces.
PARK OR PLAYGROUND. Public or private land available for recreational, educational, cultural or aesthetic use.
PARKING AREA, PUBLIC. An open area other than a street or alley, used for the temporary parking of more than four automobiles or commercial vehicles, and available for public use, whether free, for compensation, or as an accommodation for clients, customers or employees.
PARKING FACILITY. An open area on private property used for the temporary parking of vehicles as required by this chapter or otherwise provided.
PATIO. A level, unenclosed surfaced area located as grade, and usually directly adjoining or attached to a building.
PAWNSHOP. An establishment that, in part or in whole, loans or advances money on security of personal property left in pawn and pledged as collateral, and where the pledged property may be sold to the public if not redeemed by the pledger within a fixed amount of time.
PAYDAY LOAN AGENCY. An establishment providing loans to individuals in exchange for personal checks or collateral.
PERGOLA. A freestanding accessory structure consisting of vertical posts that support an open roofing grid of beams and rafters, open on all sides.
PERSON. Any individual, partnership, corporation, association, proprietorship or other legal entity.
PERSON WITH A DISABILITY. Any individual whose disability:
(1) Is attributable to mental, intellectual or physical impairments, or a combination of mental, intellectual or physical impairments; and
(2) Is likely to continue for a significant amount of time or indefinitely; and
(3) Results in functional limitations in three or more of the following areas of major life activities:
(a) Self-care;
(b) Receptive or expressive language;
(c) Learning;
(d) Mobility;
(e) Self-direction;
(f) Capacity for independent living;
(g) Economic self-sufficiency; and
(4) Reflects the person’s need for a combination and sequence of special interdisciplinary or generic care, treatment or other services that are lifelong or of extended duration.
PERSONAL SERVICES. Establishments or places of business that primarily engage in the provision of frequent or recurrent needs generally related to personal needs. This type of establishment offers as its primary business a wide range services, rather than the sale of goods, although the sale of goods incidental to the business may be sold (e.g., the sale of hair products at a nail salon). Typical uses include hair salons, nail salons, photography studios, shoe repair shops, tailors, tanning salons, karate studios, yoga/meditation studios, psychic readers, locksmith, self-service or full-service laundromats, and other similar uses.
PET OR ANIMAL SERVICES. Establishments in this category include the retail sale of pets and other household animals (except for farming purposes) and pet supplies, as well as establishments providing ancillary animal services, such as grooming, training and care taking. Examples include, but are not limited to, pet shops and groomers. Overnight boarding of animals is not permitted, except for pet shops where animals sold in the shop are permitted to remain there until sold.
PHARMACY. An establishment where prescription drugs are dispensed or compounded.
PICTURE FRAMING SERVICES. An establishment where the primary economic function is framing of pictures, artwork and other similar uses.
PLANNED DEVELOPMENT. A tract of land developed as a unit under single ownership or control pursuant to the requirements of the planned development specifications of this chapter.
PORCH. A roofed platform on the front or side of a house, located at or above grade, having direct access to or from a building, and which may be screened.
PORTABLE GARAGE OR CARPORT. A garage or carport designed to be temporary in nature, and that does not have a foundation. Such structures are typically covered in fabric, vinyl, plastic or other similar materials. See image below for an example of a PORTABLE GARAGE OR CARPORT.
POST OFFICE, COMMERCIAL. A commercial business that provides packaging and mail service, and that may conduct the retail sale of stationary, packaging and other related products.
PRINT SHOP OR COPY CENTER. A retail establishment whose primary business is providing duplicating services, including but not limited to, photocopying, blueprinting, and offset-printing equipment, and may include collating, binding and engraving services. This definition does not include sign fabrication, printing or publishing plants, or similar large-scale operations.
PRIVATE, FREESTANDING EARTH STATIONS. A facility that transmits and/or receives radio signals to and/or from a satellite.
QUEUING SPACE. The reservoir space occupied by any number of cars that must be accommodated while awaiting ingress or egress to specified business or service establishments.
RAILROAD FREIGHT TERMINAL. A heavy rail facility for freight pick-up or distribution; may include intermodal distribution facilities for truck or shipping transport.
RECOVERY CENTER. An establishment whose primary purpose is the rehabilitation of persons from the impacts of addiction or medical conditions.
RECREATIONAL EQUIPMENT, PERMANENT. Play equipment that is not readily moveable and is typically affixed to the ground in a permanent fashion with footings. In cases where determination must be made as to whether recreation equipment is categorized as permanent or non-permanent, the Zoning Administrator shall make the determination based on factors, including but not limited to, size, weight, materials and the manner in which it is affixed to the ground below.
RELIGIOUS INSTITUTION. A building in which persons regularly assemble for religious worship, intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
RELIGIOUS INSTITUTION HOUSING. The housing services affiliated with religious institutions, including convents, rectories and parish houses.
RESTAURANT. An establishment where the principal business is serving meals prepared in the kitchen of the establishment for consumption on premise. This business includes a full menu, including entrees and side dishes, and a fully staffed and operational kitchen. Liquor may be serviced at this establishment as permitted by city liquor regulations.
REST HOME. See SKILLED CARE FACILITY.
RETAIL STORE. An establishment in which the majority of the business is devoted to the sale of merchandise normally delivered or provided on premises to a consumer, but excludes those classified separately in the permitted use table. Servicing and repair of goods accessory to the retail component is permitted. Typical uses include, but are not limited to, antique shops, apparel stores, drug stores, gift shops, floral stores, electronic stores, toy stores and sporting goods stores.
RIGHT-OF-WAY, PUBLIC. A strip of land dedicated for public use, primarily intended to be occupied or occupied by a road, sidewalk and/or public utility line.
ROADWAY. The paved area existing on the street right-of-way, exclusive of sidewalks, drives and other related uses.
SANITARIUM. See HOSPITAL.
SCHOOL, COMMERCIAL. A school that principally offers, for profit, specific courses of instruction in business, trade, industry or other trained skills, but may or may not offer academic instruction equivalent to the standards prescribed by the state school code.
SCHOOL, PRIVATE. An institution conducting regular academic instruction at kindergarten, elementary, junior high and senior high school levels, operated by non-governmental organizations, whose programs are accepted by the state in lieu of public instruction. This shall not include private COMMERCIAL OR TRADE SCHOOLS.
SCHOOL, PUBLIC. A public institution conducting regular academic instruction at the kindergarten, elementary, junior high and senior high school level equivalent.
SECONDHAND STORE or THRIFT SHOP. Retail sale of previously used merchandise, such as clothing, household furnishings, appliances, and sports or recreation equipment. This definition includes thrift store and consignment shops. This classification does not include an “antique shop” or establishments selling secondhand motor vehicles, parts or accessories.
SELF-STORAGE FACILITY. A structure containing separate storage areas of varying sizes, which are leased or rented on an individual basis to organizations, businesses or individuals.
SEXUALLY-ORIENTED BUSINESSES. Any premises to which the public, patrons or members are invited or admitted, and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls for the purpose of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. A SEXUALLY-ORIENTED BUSINESS further includes, without being limited to, any adult bookstore, adult motion picture theater, adult mini-motion picture establishment, adult cabaret, adult entertainment studio, or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.
SHARED HOUSING. A publicly- or privately-operated, freestanding residence, licensed, certified or accredited by appropriate local, state or national bodies, where at least 80% of the residents are 55 years of age or older, and are unrelated to the owners and one manager of the residence. The residence provides care for persons who need assistance with daily living, including housing and personal, supportive and intermittent, health-related services available 24 hours per day, if needed, to meet scheduled and unscheduled needs. Assistance with daily living may include eating, dressing, toileting, transferring, bathing, personal hygiene, and evacuation in case of emergency. In SHARED HOUSING, a person cannot need total assistance with two or more activities of daily living, assistance from more than one paid caregiver for any activity of daily living (except quadriplegic, paraplegic or individuals with neuron-muscular disease), more than minimal assistance to move to a safe area in case of emergency, or five or more skilled nursing visits per week except for conditions allowed under state licensing.
SHARED HOUSING, LARGE. Shared housing serving six to ten persons.
SHARED HOUSING, SMALL. Shared housing serving fewer than six persons.
SHARED PARKING. An arrangement whereby two or more owners of nonresidential properties, or users sharing a parking lot and having different peak-hour parking demands, use the same off-street parking spaces to satisfy their off-street parking requirements.
SHED. A structure intended for the storage of home, lawn, garden or pool care equipment. Sheds are commonly constructed using plastic, vinyl or wood, and typically have a pitched roof. This definition excludes cargo containers.
SHOOTING RANGE. A facility specifically designed for firearms practice, and which includes target shooting, trap and skeet, involving pistols, rifles, shotguns and other firearms, as well as archery and similar devices.
SHOPPING CENTER. A group of more than five business establishments planned, developed and managed as a unit, located on the same zoning lot, with off-street parking provided on the property.
SHORT-TERM RESIDENTIAL RENTALS. A dwelling or portion thereof available for or used as accommodations or lodging for guests paying a fee or other compensation.
SITE, BUILDING. The ground area of a building or a group of buildings, together with all open spaces, as required by this chapter.
SKILLED CARE FACILITY. A licensed public or private home or institute, which provides maintenance, personal care and nursing for three or more persons who, by reason of physical illness or infirmity, are incapable of maintaining a private, independent residence.
SMOKE SHOP. A business establishment that offers smoking cigars, vaping or smoking from a communal pipe device known as a hookah pipe (also commonly referred to as a hookah, waterpipe, shisha or nareghile) that is typically located at each table, and used to smoke flavored tobacco or herbal products.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region;
(b) Buttocks;
(c) Female breasts below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.
SPORT CLUB. Buildings and facilities privately owned or operated for recreational purpose, to which membership is required for participation, and not primarily operated for profit, nor to render a service that is customarily carried on as a business. This definition may include, but is not limited to, e-sports, tennis or racquetball clubs.
STOOP or ENTRYWAY. An exterior platform that provides direct access to a building and is used solely for the purposes of ingress and egress. As defined here, a STOOP or ENTRYWAY may or may not be roofed, and is typically, but not necessarily, constructed of concrete and/or masonry.
STORY. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. A basement shall not be counted as a STORY.
STREET. The paved or unpaved portion of a public or private right-of-way, other than an alley, which affords the principal means of vehicular access to abutting property.
STREET, ARTERIAL. A general term denoting a roadway primarily for through traffic, usually on a continuous route. For the purposes of this chapter, please refer to the “Roadway Classification Map”, as maintained by the Public Works Department, to identify an ARTERIAL STREET.
STREET, COLLECTOR. Roadways having continuity, which carry traffic from local streets to state, county and arterial streets. For the purposes of this chapter, please refer to the “Roadway Classification Map”, as maintained by the Public Works Department, to identify a COLLECTOR STREET.
STREET, CUL-DE-SAC. A street having one open end and permanently terminated by a vehicle turnaround.
STREET, LOCAL. A street of limited continuity, used primarily for access to abutting properties.
STRUCTURE. Anything erected, the use of which requires more or less permanent location on or in the ground, or attachment to something having a permanent location on or in the ground.
SWIMMING POOL. Any artificial basin of water constructed or erected for wading or swimming.
TANNING SALON ESTABLISHMENT. Any establishment having a fixed place of business where a room or a booth, or a group of rooms or booths, houses ultraviolet lamps or products containing lamps intended for the irradiation of any part of the living body for cosmetic or non-medical-related purpose, but does not include any hotel or motel guestrooms where sunlamps are installed in the restroom area.
TAXIDERMIST. A craftsman who stuffs and mounts the skins of animals for display.
TEMPORARY STRUCTURE. A structure without foundation or footing.
TEMPORARY USES. A use established for a limited period of time, which does not involve the construction or alteration of any permanent structure.
THRIFT STORE. A retail store that specializes in the sale of previously owned and/or used goods and merchandise that have been donated.
TOBACCO SHOP (including ALTERNATIVE NICOTINE SHOP and VAPOR SHOP). A retail establishment primarily engaged in the selling of prepackaged smoking and tobacco products, alternative nicotine products and/or vapor products, as defined in § 134.52 of the Municipal Code, and as amended from time to time, and components reasonably assumed to be used for smoking and/or the inhalation or injection of any products or other substances. 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. This definition does not include a section or department of a larger commercial establishment or any establishment with any type of liquor, food or restaurant license.
TOWING SERVICE, EXCLUDING OUTSIDE VEHICLE STORAGE. An establishment, land area, or portion thereof, used for the removal and temporary storage of vehicles, but does not include disposal, permanent disassembly, salvage or accessory storage of inoperable vehicles. In addition, vehicles shall not be stored outdoors.
TOWING SERVICE, INCLUDING OUTSIDE VEHICLE STORAGE. An establishment, land area, or portion thereof, used for the removal and temporary storage of vehicles, but does not include disposal, permanent disassembly, salvage or accessory storage of inoperable vehicles. Outdoor storage of vehicles is permitted, provided it complies with zoning district and screening regulations.
TRAILER COACH. See MOBILE HOME.
TRANSPORTATION STATION OR FACILITY. A facility primarily providing for outdoor storage of vehicles related to long-haul freight trucking and local deliveries. Such facilities may include accessory services related to trucking, including but not limited to, vehicle maintenance, dispatch operations, and limited freight transfer. This term does not include a surface parking lot, truck freight terminal, or truck stop.
TRELLIS. A frame of wood or metal, mainly used to support small trees or climbing plants.
TRUCK AND RECREATIONAL VEHICLE, SALE AND RENTAL. The use of any building, land area or other premises, or a portion thereof, for the display, sale, rental or lease of new or used recreational vehicles (including boats, trailers, campers and RVs), or large trucks, and any financial service areas, warranty repair work and other repair service conducted as accessory uses.
TRUCK STOP. A facility that provides services to the trucking industry, including but not limited to, dispensing of fuel, vehicle repair, sale of food, goods and supplies, and restaurants. The facility may also include fuel and convenience goods sales to those driving cars and motorcycles. Overnight parking does not occur as a part of this use.
USE. The purpose or purposes for which land, buildings or structures is (are) designed, arranged or intended, or for which they are or may be occupied or maintained.
VARIATION. A modification of the application of this chapter in specific cases where practical difficulties or particular hardships, not intended, or not common to other property owners in the district, would result from following the strict letter of the chapter.
VETERINARY CLINIC. See ANIMAL HOSPITAL.
VISION TRIANGLE. The area of a corner lot bounded by the right-of-way lines, and a line connecting the two points along the right-of-way lines 30 feet from the intersecting street right-of-way lines.
WAREHOUSE AND LOGISTICS FACILITY. Any building, land use, or portion thereof, that stores, warehouses and dispatches goods within a completely enclosed structure or outdoors. Typical uses include wholesale distributors, storage warehouses, and moving/storage businesses.
WHOLESALE ESTABLISHMENTS. The sale of goods, merchandise and commodities for resale.
YARD. Open space on a lot that is unoccupied and unobstructed from ground upward, except for permitted accessory structures and yard obstructions, 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, CORNER SIDE. A side yard adjacent to a public right-of-way. For an illustration, see graphic under YARD.
YARD, FRONT. A yard extending along the full length of a front lot line, from a line drawn parallel to the front lot line and back to a line drawn parallel to the front lot line, at a distance equal to the required depth front yard.
YARD, INTERIOR SIDE. A yard extending along the full length of a side lot line and back to a line drawn parallel to the side lot line, at a distance therefrom equal to the required side yard, but excluding any area encompassed within a front yard or rear yard.
YARD, LOWLANDS. The required front, side or rear yard adjacent to a lowlands maintenance easement as required by § 156.073.
YARD, REAR. A yard extending along the full length of a rear lot line and back to a line drawn parallel to the rear lot line, at a distance therefrom equal to the required rear yard.
YARD, SIDE. A yard extending along the full length of a side lot line. There are two types of side yards: corner side yards and interior side yards.
YARD, TRANSITION. The required front, side or rear yard when nonresidential uses or structures abut a residence or residential zoning district, when single-family attached dwellings or multi-family structures abut a single, detached single-family residential building(s), or when double frontage rear yards are created along arterial or collector streets.
ZONE. See DISTRICT.
ZONING ADMINISTRATOR. The person employed, appointed, or ex officio designated and empowered by the City Administrator to receive zoning applications, inspect building sites, make decisions, issue permits and otherwise administer the zoning code of the city, in conformity with the regulations herein.
(Ord. 21-016, passed 8-18-21; Am. Ord. 24-002, passed 2-21-24)