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In the construction of this chapter, the rules and definitions set forth in this section shall be observed and applied, except when the context clearly indicates otherwise. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTS, ABUTTING. To have a common property line or district line.
ACCESSORY BUILDING. A subordinate building or a portion of a principal building, the use of which is incidental and customary to that of the principal building, where an ACCESSORY BUILDING complies in all respects with the requirements of this chapter applicable to the principal building.
ACCESSORY USE. See Use, accessory, as defined below.
ADJACENT. Lying near or close to, in the vicinity of.
ADJOINING. Touching or contiguous, as distinguished from lying near.
AGRICULTURE. Land, or land, buildings and structures, the principal uses of which are growing of farm or truck garden crops and one or more of the following: dairying, pasturage, apiculture, horticulture, floriculture, viticulture or animal and poultry husbandry, and accessory uses customarily incidental to agricultural activities, including but not limited to the farm dwelling, dwellings for tenants and full-time hired farm workers and dwellings or lodging rooms for seasonal workers.
AIRPORT. Any area of land or water which is used or intended for the landing and takeoff of aircraft, together with all structures located thereon.
ALLEY. A right-of-way which affords a secondary means of vehicular access to abutting properties.
ALTERATION. A change in size, shape, character or use of a building or structure.
ANIMAL HOSPITAL. A building or portion thereof designed or used for the care, observation or treatment of domestic animals.
AUTOMOBILE LAUNDRY. A business establishment containing facilities for simultaneously washing more than two motor vehicles, using conveyor, drive-through or methods.
AUTOMOBILE SERVICE STATION. A building, or portion thereof, or lot used for offering for sale at retail to the public, fuels, oils and accessories for motor vehicles, where repair service is incidental, where no storage or parking space is offered for rent and where no motor vehicles, trailers or boats are offered for sale or rent. When such dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.
AUTOMOBILE WRECKING YARDS. An area of land where three or more motor vehicles, or vehicles, machinery or equipment drawn or operated by attaching to motor vehicles or mechanical unit, not in or being restored to running or operable condition, or parts thereof, are stored in the open; and any land, building or structure used for wrecking or storing prior to wrecking of such motor vehicles, vehicles, machinery or equipment or parts thereof.
AWNING. A roof-like mechanism, removable or retractable in operation, which projects from the wall of a building.
BASEMENT. A story having part but not more than one-half of its floor to clear ceiling height below grade. When a BASEMENT is used exclusively for storage purposes, as a garage for use of occupants of the building, or other facilities common to the operation and maintenance of the entire building, it shall be counted as a story.
BLOCK. A tract of land bounded by street, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of the village.
BOARDINGHOUSE. A residential building or portion thereof, other than a motel, apartment hotel or hotel, containing lodging rooms for accommodation of three but not more than ten persons who are not members of the keeper’s family and where lodging or meals or both are provided.
BUILDING. A structure, having a roof and which is permanently affixed to the land, and built for the enclosure, shelter or protection of persons, animals, chattels or movable property of any kind. BUILDINGS are separated on all sides from other structures by yards or by walls in which there are no communicating doors, windows and other openings. A trailer permanently affixed to the ground which existed on the effective date of the ordinance codified in this chapter shall be considered a BUILDING.
BUILDING, ACCESSORY. See Accessory building, defined above.
BUILDING, COMPLETELY ENCLOSED. A building with a permanent roof separated on all sides from the adjoining open space, or from other buildings or structures, by exterior or party walls, pierced only by windows, normal entrance and exit doors.
BUILDING, DETACHED. A building surrounded by open space on the same lot.
BUILDING, HEIGHT. The vertical distance from grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable or hip roofs.
BUILDING INSPECTOR. The Building and Zoning Officer of the village, or his or her duly authorized representative.
BUILDING, PRINCIPAL. A nonaccessory building in which is conducted the principal use of the lot.
BULK. The term used to indicate the size and setback of buildings or structures, and the location of same with respect to one another, and includes the following:
(1) Size and height of buildings;
(2) Location of exterior walls;
(3) Floor area ratio;
(4) Open space allocated to buildings; and
(5) Lot area and lot width provided per dwelling unit.
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.
CANDLE POWER. The luminous intensity, as evaluated in effectiveness of stimulating visual sensation, of any radiation in a given direction. CANDLE POWER shall be measured by the International Candle which was adopted in 1940 as 1/60 of the brightness of freezing platinum.
CARGO CONTAINER. A standardized reusable vessel that was:
(1) Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities;
(2) Designed for or capable of being moved or moved on a rail car; and/or
(3) Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship, including a semitrailer box.
CARPORT. A roofed automobile shelter, with two or more open sides.
CELLAR. An area having more than one-half its floor to clear ceiling height below grade and which is not counted as a story.
CLINIC, MEDICAL OR DENTAL. A building or portion thereof, the principal use of which is for offices of physicians or dentists or both, for the examination and treatment of persons on an outpatient basis.
CLOSED CUP FLASH POINT. The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will propagate a flame. The Tag closed cup tester shall be authoritative for liquids having a flash point below 175ºF. The Pensky-Martens tester shall be authoritative for liquids having a flash point between 175ºF and 300ºF.
CLUB OR LODGE, PRIVATE. A nonprofit association whose facilities are restrictive to persons who are bonafide members and their guests. Food and alcoholic beverages may be served on its premises, provided they are secondary and incidental to the principal use.
COMMON OPEN SPACE. A parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a planned unit development, and designed or intended for the use or enjoyment of residents of the planned unit development. COMMON OPEN SPACE may contain such complimentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the planned unit development.
CONFORMING BUILDING OR STRUCTURE. A building or structure which:
(1) Complies with all the regulations of this chapter or of any amendment thereto governing bulk of the district in which the building or structure is located; and
(2) Is designed or intended for a permitted or conditional permitted use as allowed in the district in which it is located.
COURT. An open, unoccupied space other than a yard on the same lot with a building or group of buildings, and which is bounded on two or more sides by such building or buildings.
CULTIVATION CENTER. A facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered dispensing organizations with usable medical cannabis. CULTIVATION CENTERS as defined herein are strictly prohibited within any zoning district within the village.
DECIBEL. A unit of measurement of the intensity or loudness of sound. Sound level meters employed to measure the intensity of sound are calibrated in DECIBELS. A DECIBEL is technically defined as 20 times the logarithm to the base ten of the ratio of the sound pressure in microbars to a reference pressure of 0.0002 microbar.
DISPLACEMENT (EARTH). The amplitude or intensity of an earthborne vibration measured in inches. The displacement or amplitude is one-half the total earth movement.
DRIVE-IN ESTABLISHMENT. An establishment or part thereof in which are provided facilities where serving or consuming commodities or both are intended to occur primarily in patrons’ automobiles parked on the premises.
DWELLING. A building, or portion thereof, designed or used exclusively for residential purposes, including single-family, two-family and multiple-family dwellings, but not including mobile homes or other trailers, or lodging rooms in hotels, motels or lodging houses.
DWELLING, ATTACHED. A dwelling which is surrounded on all sides by open space on the same lot.
DWELLING, DETACHED. A dwelling which is surrounded on all sides by open space on the same lot.
DWELLING, MULTIPLE-FAMILY. A dwelling containing three or more dwelling units.
DWELLING, SEMI-DETACHED. A dwelling joined to one other dwelling by a party wall or vertical cavity wall, and above-ground, physically unifying horizontal structural elements.
DWELLING, SINGLE-FAMILY. A dwelling containing one dwelling unit.
DWELLING, TWO-FAMILY DETACHED. A dwelling containing two dwelling units only, one above the other.
DWELLING UNIT. One or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete single kitchen facilities, permanently installed to serve the entire family, shall always be included within each DWELLING UNIT.
EARTHBORNE VIBRATIONS. A cyclic movement of the earth due to the propagation of mechanical energy.
EFFICIENCY UNIT. A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room.
ELECTRIC DISTRIBUTION CENTER. A terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.
ELECTRIC SUBSTATION. A terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system.
EQUIVALENT OPACITY. The shade on the Ringelmann Chart that most closely corresponds to the density of smoke, other than black or gray.
ESTABLISHMENT, BUSINESS. A structure or lot used in whole or in part as a place of business, the ownership or management of which is separate and distinct from the ownership or management of any other place of business located on the same or other lot.
FALLOUT SHELTER. An accessory building and use which incorporates the fundamentals for fallout protection, shielding mass, ventilation and space to live, and which is constructed of such materials, in such a manner, as to afford to the occupants substantial protection from radioactive fallout.
FAMILY. One person or two or more persons each related to the other by blood, marriage or legal adoption, or a group of not more than three persons not all so related, together with his, her or their domestic servants, maintaining a common household in a dwelling unit. A FAMILY may include, in addition thereto, not more than two roomers, boarders or permanent guests, whether or not gratuitous.
FENCE. A structure, including gates, or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement.
FLOOD-CREST ELEVATION. The elevation of the highest flood level that has been or may be subsequently designated by the Village Engineer. The FLOOD-CREST ELEVATION designed by the Village Engineer shall be based upon a stormwater drainage map showing FLOOD-CREST ELEVATIONS at appropriate locations as approved by the Village Board.
(1) The continuous area adjacent to a stream or stream bed, or any stormwater retention area and its tributaries, whose elevation is equal to or lower than the flood-crest elevation including also land having an elevation higher than flood-crest elevation but less than ten acres in area and surrounded by land in a FLOODPLAIN AREA or an area of such elevation secured by landfill projecting into a FLOODPLAIN AREA.
(2) Any point shall be deemed to be within the FLOODPLAIN AREA if it falls below the elevation of a high water mark, as the elevation of the mark is projected in horizontal directions perpendicular to the flow of the stream and thence to intersections at an equal elevation with the land on either side of the stream. Any point between the aforedescribed projections of any two high water marks shall be deemed within the FLOODPLAIN AREA if it sits at an elevation equal to or lower than similar projections of the interpolated flood-crest elevations. The interpolated flood-crest elevation is the calculated elevation of the flood-crest at the centerline of the stream between two known flood-crests of the nearest upstream and downstream high water marks; and the difference in elevation between the flood-crest at this location and at either of the high water mark projections is directly proportional to the difference in stream centerline distance between the two high water mark projections.
FLOOR AREA FOR DETERMINING FLOOR AREA RATIO.
(1) The sum of the gross horizontal area of the several floors, including also the basement floor of a building, measured from the exterior faces of the exterior walls, or from the centerlines of walls separating two buildings. The floor area shall also include the horizontal areas on each floor devoted to:
(a) Elevator shafts and stairwells;
(b) Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bulkheads, water tanks and cooling towers;
(c) Habitable attic space as permitted by the Building Code of the village;
(d) Interior balconies and mezzanines;
(e) Enclosed porches; and
(f) Accessory uses.
(2) The floor area of structures used for bulk storage of materials, i.e., grain elevators or petroleum tanks, shall also be included in the floor area, and such floor area shall be determined on the basis of the height of such structures with one floor for each ten feet of structure height, and if such structure measures less than ten feet but not less than five feet over such floor height intervals, it shall be construed to have an additional floor.
(3) The horizontal area in each floor of a building devoted to off-street parking and off-street loading facilities and the horizontal area of a cellar floor shall not be included in the floor area.
FLOOR AREA FOR DETERMINING OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS. When prescribed as the basis of measurement for off-street parking spaces and off-street loading spaces for any use, shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off-street parking facilities and the horizontal areas of the basement and cellar floors that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls.
FLOOR AREA RATIO. The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. (The floor area ratio as designated for each district, when multiplied by the lot area in square feet, shall determine the maximum permissible floor area for the building or buildings on the lot.)
FOOT-CANDLE. A unit of illumination, equivalent to the illumination at all points which are one foot distance from a uniform point source of one candle power.
FOOT-LAMBERT. A unit of brightness, usually of a reflecting surface. A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot distance over one square foot has a brightness of one FOOT-LAMBERT.
FREE BURNING. The rate of combustion of a material which burns actively and easily supports combustion.
FREQUENCY. The number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.
GARAGE, PRIVATE. An accessory building designed and used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory and in which no occupation or business for profit is carried on. Not more than one of the motor vehicles may be a commercial vehicle of not more than one and one-half tons capacity.
GARAGE, PUBLIC. A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing or repairing of motor vehicles. Hiring, selling or storing of motor vehicles may be included.
GARAGE, STORAGE or OFF-STREET PARKING. A building or portion thereof designed or used, or land used, exclusively for storage of motor vehicles, and which motor fuels and oils are not sold, and motor vehicles are not equipped, repaired, hired or sold.
GRADE. The established GRADE of the street or sidewalk. Where no such GRADE has been established, the GRADE shall be the elevation of the sidewalk at the property line. Where no sidewalks exist, the GRADE shall be the average elevation of the street adjacent to the property line; except in cases of unusual topographic conditions as determined by the Building Inspector, GRADE shall be the ground adjoining the exterior walls of a building at the base of a structure.
GROSS DENSITY. The ratio between total number of dwelling units on a lot and total lot area in acres.
GROUND FLOOR AREA. The lot area covered by a principal building, measured at highest ground grade, adjacent to building, from the exterior faces of the exterior walls, but excluding open porches or terraces, and garages or carports.
GUEST, PERMANENT. A person who occupies or has the right to occupy a lodging house, rooming house, boardinghouse, hotel, apartment hotel or motel accommodation as his or her domicile and place of permanent residence.
HOME OCCUPATION. Any gainful and for profit business, occupation or profession conducted within a dwelling unit by a member of the family residing in the dwelling unit which is incidental and secondary to the use of the dwelling unit for dwelling purposes. HOME OCCUPATION does not include organizations or groups of persons which are not-for-profit or charitable in nature.
HOTEL. An establishment containing lodging rooms, for occupancy by transient guests in contradistinction to a lodging house, boardinghouse or a rooming house, and which provides customary hotel services such as: maid, telephone and secretarial, bellboy and desk services; and the use and upkeep of furnishings and laundering of linens.
HOTEL, APARTMENT. A hotel in which at least 8% of the hotel accommodations are occupied by permanent guests.
IMPACT NOISE. A short duration sound which is incapable of being accurately measured on a sound level meter.
IMPULSIVE. Discrete vibration pulsations occurring no more often than one per second.
INCOMBUSTIBLE. A material which will not ignite nor actively support combustion during an exposure for five minutes to a temperature of 1,200ºF.
INSTITUTION. A building occupied by a not-for-profit corporation wholly for public or private use.
INTENSE BURNING. The rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly. Examples: sawdust, magnesium (powder, flaked or strips) and rocket fuels.
JUNKYARD. A lot, and any accessory building or structure thereon, which is used primarily for buying, selling, exchanging, storing, baling, packing, disassembling or handling waste or scrap materials, including vehicles, machinery and equipment not in operable condition or parts thereof, and other metals, paper, rags, rubber tires and bottles. A JUNKYARD includes automobile wrecking yards but does not include an establishment, located in the applicable manufacturing district, engaged exclusively in processing of scrap iron or other metals to be steel or metal alloys.
KENNEL. Any premises or portion thereof on which more than three dogs, cats or other household domestic animals over one year of age are kept, or on which more than two such animals are maintained, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale.
LABORATORY. See Research laboratory.
LAMBERT. Means 1/929 of a foot-lambert, usually used to designate intrinsic brightness of light sources.
LANDING STRIP, PRIVATE. A strip of land used or intended for use for the landing and takeoff of the private aircraft of the owner or lessee of the landing strip and his or her guests and such accessory structures customarily incidental to the operations which may include one building for the storage and maintenance of not more than two such private aircraft.
LANDOWNER. The legal or beneficial owner or owners of all the land proposed to be included in a planned unit development. The holder of an option or contract to purchase, a lessee having a remaining term of not less than 40 years, or other persons having an enforcement proprietary interest in such land shall be deemed to be a LANDOWNER for the purposes of this chapter.
LAUNDERETTE. A business (including a laundromat) that provides coin-operated self-service type washing, drying, dry-cleaning and ironing facilities, providing that:
(1) Not more than four persons, including owners, are employed on the premises; and
(2) No pickup or delivery service is maintained.
LOADING SPACE. A space within the principal building or on the same lot as the principal building, providing for the standing, loading or unloading of one truck, and with access to a street or alley.
LODGING HOUSE. A building originally designed for and used as a single- or two-family dwelling, all or a portion of which contains lodging rooms which accommodate persons who are not members of the keeper’s family. Lodging, meals or both are provided for compensation for three but not more than ten persons.
LODGING ROOM. A room or suite of rooms rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, each room which provides sleeping accommodations shall be counted as one LODGING ROOM for the purpose of this chapter.
LOT. A tract of land which is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under unified ownership or control. Therefore, a LOT may or may not coincide with a lot of record.
LOT AREA. The area of horizontal plane bounded by lot lines.
LOT, CORNER. A lot of which at least two adjacent sides abut for their full length upon streets; provided that the interior angle at the intersection of such two sides is less than 135 degrees.
LOT COVERAGE. The area of a lot occupied by the principal and accessory structures.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT, INTERIOR. A lot that is not a corner lot.
LOT LINE. The property line bounding a lot.
LOT LINE, FRONT. The boundary of a lot abutting a street. On a corner lot, either lot line may be construed to be the FRONT LOT LINE.
LOT LINE, INTERIOR. A lot line which does not abut a street.
LOT LINE, REAR. An interior lot line which is most distant from and is almost parallel to the front lot line, and in the case of an irregularly or triangularly shaped lot, a line ten feet in length within the lot, which is parallel to and at maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary or a lot which is not a front lot line or a rear lot line.
LOT, THROUGH. A lot having a pair of opposite lot lines along two more or less parallel streets, and which is not a corner lot. Both street lines shall be deemed front lot lines.
LOT WIDTH. The minimum horizontal distance between the side lot lines of a lot measured at the narrowest width within the 30 feet of depth immediately in back of the front yard line.
MANUFACTURED HOUSING. Any residential structure, excluding mobile homes, which is constructed (in excess of 25%) at a location other than its final building site.
MANUFACTURING ESTABLISHMENT. An establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products.
MARQUEE or CANOPY. A roof-like structure of a permanent nature which projects from the wall of a building.
MEDICAL CANNABIS DISPENSING ORGANIZATION or DISPENSARY ORGANIZATION. A facility operated by an organization or business that is registered by the Department of Financial and Professional Regulations 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 under the Compassionate Use of Medical Cannabis Program Act, as may be amended from time to time.
MICRON. A unit of length, equal to one-thousandth part of one millimeter, 0.001 millimeter.
MOBILE HOME. A trailer designed and constructed for dwelling purposes which contains cooking, sanitary and electrical facilities and has a gross floor area of 240 square feet or more.
MOBILE HOME PARK. A lot, parcel or tract of land developed with facilities for accommodating two or more mobile homes, provided each mobile home contains a kitchen, flush toilet and shower or bath; and such park shall be for use only by nontransient dwellers remaining continuously for more than one month, whether or not a charge is made. It shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale, except mobile homes located on a site in the MOBILE HOME PARK which are occupied or vacant for not more than 90 days after occupancy may be sold or offered for sale.
MODERATE BURNING. A rate of combustion described by a material which supports combustion and it consumed slowly as it burns. Examples: wood timber and logs.
MOTEL. An establishment consisting of a group of attached or detached lodging rooms with bathrooms, and where more than 50% of the lodging grooms are occupied or designed for occupancy by transient automobile tourists. A MOTEL furnishes customary hotel services such as maid service and laundering of linen, telephone, secretarial and desk service, and the use and upkeep of furniture. One dwelling unit may be included for occupancy by the owner or manager of the MOTEL.
MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck is assembled or stored for routing in intrastate or interstate shipment by motor truck.
MOTOR VEHICLE. A passenger vehicle, truck, truck trailer, trailer or semitrailer propelled or drawn by mechanical power.
NAMEPLATE. A sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
NO-ACCESS STRIP. A strip of land within and along a rear lot line of a through lot adjoining a street which is designated on a recorded subdivision plat or property deed as land over which motor vehicular travel shall not be permitted.
NONCONFORMING BUILDING OR STRUCTURE. Any building or structure lawfully established which:
(1) Does not comply with all the regulations of this chapter or of any amendments hereto governing bulk of the district in which such building or structure is located; or
(2) Is designed or intended for a nonconforming use.
NONCONFORMING USE. Any building or structure and the use thereof or the use of land that does not conform with the regulations of this chapter or any amendment thereto governing use in the district in which it is located, but conformed with all of the codes, ordinances and other legal requirements applicable at the time such building, or structure was erected, enlarged or altered and the use thereof or the use of land was established.
NOXIOUS MATTER OR MATERIAL. A material which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects to the physical or economic well-being of individuals.
NURSERY SCHOOL. An establishment for the part-time care of five or more children of pre-elementary school age in addition to the members of the family residing therein.
NURSING HOME. A home for aged, chronically ill or incurable persons, in which three or more persons not members of the family residing on the premises are received, and provided with food, shelter and care, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.
OCTAVE BAND. A prescribed interval of sound frequencies which classifies sound according to its pitch.
OCTAVE BAND FILTER. An electronic frequency analyzer designed according to standards of the American Standards Association and used in conjunction with a sound level meter to take measurements of sound pressure level in specific octave bands.
ODOR THRESHOLD. The lowest concentration of odorous matter in air that will produce an olfactory response in a human being. ODOR THRESHOLDS shall be determined in accordance with ASTM Method D 1391-57, Standard Method for Measurement of Odor in Atmospheres (Dilution Method).
ODOROUS MATTER. Any material that produces an olfactory response among human beings.
OFF-STREET PARKING AREA OR LOT. Land which is improved and used, or a structure which is designed and used, exclusively for the storage of passenger motor vehicles, either for accessory off-street parking spaces or commercial off-street parking spaces when permitted in this chapter by district regulations.
OPEN SALES LOT. Land used or occupied for the purpose of buying, selling or renting merchandise stored or displayed out of doors prior to sale. Such merchandise includes automobiles, trucks, motor scooters, motorcycles, boats or similar commodities.
PARKING SPACE. An area, enclosed in a building or unenclosed, reserved for the parking of one motor vehicle and which is accessible to and from a street or alley.
PARTICULATE MATTER. A material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid at outdoor ambient conditions.
PARTY WALL. An interior wall of adjoining structures extending from its footing to the underside of the roof, and which separates and is in common use by such adjoining structures.
PERFORMANCE STANDARD. A criterion established to control smoke and particulate matter, noise, odorous matter, toxic matter, vibration, fire and explosion hazards, glare and radiation hazards generated by or inherent in uses of land or buildings.
PLAN. A proposal for development of a planned unit development, including plat of subdivision, all covenants, grants of easement and other conditions relating to the use, location and bulk of buildings, density of development, common open space and public facilities. The PLAN shall include such information as required by this code.
PLANNED DEVELOPMENT. A parcel or tract of land, initially under single ownership or control, which contains two or more principal buildings and one or more principal uses, planned and constructed as a unified development, and where certain regulations of this chapter for the district where it is located are modified.
PLANNED UNIT DEVELOPMENT. An area of land, controlled by a landowner, to be developed as a single entity for a number of residential units and/or nonresidential uses, the plan for which does not correspond in lot size, bulk type of building or structure, residential density, lot coverage, required open space or required parking to the regulations in any one zoning district established by any subchapters of this Zoning Code.
PLANNING AND ZONING BOARD. The Planning and Zoning Board or other body authorized to consider matters relative to planning, zoning and subdivision platting, and make recommendations to the Village Board.
PRE-1960 OCTAVE BANDS. The frequency intervals prescribed by the American Standards Association in ASA Standards A24, 10-1963, Octave Band Filter Set.
PREFERRED FREQUENCIES. A set of octave bands described by the band center frequency and standardized by the American Standards Association ASA Standard No. Sl.6-1960, Preferred Frequencies for Acoustical Measurements.
PRIVATE SWIMMING POOLS. A receptacle for water, or an artificial pool of water, having a depth of any point or more than 36 inches, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment, constructed, installed and maintained in or above the ground outside of a building used for a single-family dwelling unit, and maintained by an individual primarily for the sole use of the household and guests and not for the purpose or profit or in connection of a business operated for profit.
PUBLIC OPEN SPACE. Any publicly owned open area, including but not limited to the following: parks, playgrounds, forest preserves, waterways, parkways and streets.
PYROPHORIC DUST. A dust in a finely divided state that is spontaneously combustible in air.
RADIATION HAZARDS. The deleterious and harmful effects of all ionizing radiation which includes all radiation capable of producing ions in their passage through matter. Such radiations shall include but are not limited to electromagnetic radiations such as x-rays and gamma rays and particulate radiations such as electrons or beta particles, protons, neutrons and alpha particles.
RAILROAD RIGHT-OF-WAY. A strip of land containing railroad tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops or car yards.
REFUSE. All waste products resulting from human habitation, except sewage.
RESEARCH LABORATORY. A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
RESERVOIR PARKING SPACES. Those off-street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.
RINGELMANN CHART. The chart described in the U.S. Bureau of Mines Information Circular 6888, upon which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke density.
RINGELMANN NUMBER. The number of the area of the Ringelmann Chart that coincides most nearly with the visual density or equivalent opacity of the emission or smoke observed.
ROADWAY. The portion of a street which is used or intended to be used for the travel of motor vehicles.
SETBACK. The minimum horizontal distance between a street line and nearest wall of a building, or side of a structure facing such street line, or edge of the area of operation of a principal use when no building or structure is involved.
SETBACK, ESTABLISHED. When any lots of fronting on one side of a street within a block are improved, the existing setbacks of such improved lot shall be the ESTABLISHED SETBACK for determining the depth of the required front yards for the remainder of the lots along such a street frontage, as regulated in this chapter.
SIGN. A name, identification, description, illustration, display or device which is affixed to, painted or represented upon a building, structure or device which attracts attention to a product, place, activity, person, institution or business. A SIGN shall not include a display of a court, public or official notice, nor shall it include the flag, emblem or insignia of a nation, political unit, school, religious or charitable institution or organization. A SIGN shall also include a permanent sign located within an enclosed building in such a manner as to be viewed or intended for view primarily from the exterior of the building.
SIGN, ADVERTISING or BILLBOARD. A sign on which is portrayed information which directs attention to a business, commodity, service or entertainment or other activity not necessarily related to uses on the lot upon which the sign is located.
SIGN, BUSINESS. A sign which directs attention to a business, commodity, service, entertainment or other activity conducted on the lot upon which such sign is located.
SIGN, FLASHING. An illuminated sign on which the artificial light is not maintained constant or stationary in intensity or color at all times when such sign is in use. For the purpose of this chapter, a revolving sign, or any advertising device which attracts attention by moving parts, operated by mechanical equipment or movement caused by natural sources, whether or not illuminated with artificial lighting, shall be considered a FLASHING SIGN.
SIGN, GROSS SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of a sign.
SIGN, GROUND. A sign which is supported by one or more uprights or braces in or upon the ground.
SIGN, PROJECTING. A sign which is supported by one or more uprights or braces in or upon the ground.
SIGN, ROOF. A sign erected, constructed and maintained above the roof of any building.
SIGN, WALL. A sign which is affixed to an exterior wall of any building and shall project not more than 12 inches from the building wall or parts thereof.
SMOKE. The visible discharge from a chimney, stack, vent, exhaust or combustion process which is made up of particulate matter.
SMOKE UNIT. The number obtained when the smoke density in the Ringelmann Number is multiplied by the time of emission in minutes. For the purpose of this calculation:
(1) A Ringelmann density reading shall be made at least once a minute during the period of observation;
(2) Each reading is then multiplied by the time in minutes during which it is observed; and
(3) The various products are then added together to give the total number of smoke units observed during the entire observation period.
SOUND LEVEL. The intensity of sound of an operation or use as measured in decibels.
SOUND LEVEL METER. An instrument for the measurement of sound pressure levels constructed in accordance with the standards of the American Standards Association and calibrated in decibels.
STABLE, PRIVATE. A building or structure 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 horses for the private use of occupants of the dwelling, but in no event for hire.
STABLE, PUBLIC. A building where horses are kept for remuneration, hire or sale.
STAND, ROADSIDE. A structure for the display and sale of only farm products which are produced on the premises.
STORY. The portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. The floor of a STORY may have split levels; provided that there are not more than four feet difference in elevation between the different levels of the floor. A basement shall be counted as a STORY , except when used for storage, garages for use of occupants of a building or other facilities common for the rest of the building. A mezzanine floor shall be counted as a STORY when it covers over one-third the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.
STORY, HALF. A partial story under a gable, hip, mansard or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story, except that any partial story used for residence purposes, other than a janitor or caretaker or his or her family or by a family occupying the floor immediately below it, shall be deemed a full story.
STREET. A public or private right-of-way or easement which is designated as a permanent right-of-way or easement for common use as the primary means of vehicular access to properties abutting on it.
STREET, FRONTAGE. All of the property fronting on one side of a street between two intersecting streets, or in the case of a dead-end street, all of the property along one side of the street between an intersecting street and the end of such dead-end street.
STREET LINE. The street right-of-way line abutting a property line of a lot.
STRUCTURAL ALTERATION. Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building or structure.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including but without limiting the generality of the foregoing, advertising signs, backstops for tennis courts and pergolas.
TAVERN. A business establishment where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is the serving of food.
THREE COMPONENT MEASURING SYSTEM. Instruments which measure simultaneously earthborne vibrations in horizontal and vertical planes.
TOURIST HOME. A building which contains a single dwelling unit and in which meals or lodging or both are provided or offered to transient guests for compensation and does not include a hotel, apartment hotel or motel.
TOURIST PARK. A parcel or tract of land containing a single dwelling unit and in which meals or lodging or both are provided or offered to transient guests for compensation and does not include a hotel, apartment hotel or motel.
TOXIC MATTER OR MATERIAL. Those materials which are capable of causing injury to living organisms by chemical means.
TRAILER. Any vehicle or portable structure constructed so as to permit occupancy thereof for lodging or dwelling purposes or for the use as an accessory building or structure in the conduct of business, trade or occupation, and which may be used as a conveyance on streets and highways by its own or other motive power. However, any TRAILER existing on the effective date on the ordinance codified in this chapter which was permanently affixed or the ground shall be considered a building.
TRAILER, CAMPING. A trailer designed and constructed for temporary dwelling purposes which does not contain certain built-in sanitary facilities and has a gross floor area of less than 130 square feet.
TRAILER, TRAVEL. A trailer designed and constructed to be used as a temporary dwelling for travel, recreational and vacation purposes which may contain cooking, sanitary and electrical facilities, and has a gross floor area of 130 square feet or more, but less than 240 square feet.
USABLE OPEN SPACE. Permanently reserved open space which is provided as required by this chapter for the use of residents of dwellings.
USE. The purpose or activity for which the land, or building thereon, is designed, arranged or intended or for which it is occupied or maintained and includes any manner of performance of such activity with respect to the performance standards of this chapter.
USE, ACCESSORY. One which is incidental to the dominant use of the premises.
USE, CONDITIONAL PERMITTED. A use that has unusual operation, physical or other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that complements and is otherwise, or can be made, compatible with the intended overall development within a district. Compliance with special standards not necessarily applicable to other permitted use conditional permitted uses in the district shall be required for a CONDITIONAL PERMITTED USE , as regulated in this chapter.
USE, LAWFUL. The use of any building, structure or land that conforms with all of the regulations of this chapter or any amendment hereto and which conforms with all of the codes, ordinances and other legal requirements, as existing at the time of the enactment of the ordinance codified in this chapter or any amendment of the ordinance codified in this chapter or any amendment thereto, for the structure or land that is being examined.
USE, NONCONFORMING. See Nonconforming use, above.
USE, PERMITTED. Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and when applicable, performance standards of this chapter for the district in which such use is located.
USE, PRINCIPAL. The dominant use of land or buildings as distinguished from a subordinate or accessory use.
VENDING MACHINE. A machine for dispensing merchandise or services designed to be operated by the customer.
VIBRATION. The periodic displacement, measured in inches, of earth at designated frequency cycles per second.
VILLAGE. Village, city and all similar terms, means the Village of Mazon.
VILLAGE BOARD. The Village Board (governing body) of the village.
VILLAGE CLERK. The Village Clerk of Mazon, Illinois.
VILLAGE ENGINEER. A professional engineer, registered in this state, who has been duly appointed as the Village Engineer, or who has been hired by the village as its consulting engineer.
YARD. An open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this chapter.
YARD, FRONT. A yard which is bounded by the side lot lines, and from the front lot line to the front building line.
YARD LINE. A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard. A building, structure or other obstruction shall not encroach into the area between the YARD LINE and such adjacent lot line, except for such permitted obstructions in yards as are set forth in this chapter.
YARD, REAR. A yard which is bounded by side lot lines, rear lot line and the rear building line.
YARD, SIDE. A yard which is bounded by the rear yard line, front yard line, side lot line and side building line.
YARD, SIDE ADJOINING A STREET. A yard which is bounded by the rear yard line, front yard line, side yard line and side lot line adjoining a street line.
YARD INTERIOR SIDE. A side yard which adjoins another lot or an alley separating such side yard from another lot.
ZONING DISTRICT MAP. The zoning district map of the village.
ZONING DISTRICTS. The districts into which the village has been divided for zoning regulations and requirements as set forth on the zoning district map.
ZONING OFFICER. The Zoning Officer of the village. It shall include the title ZONING OFFICER.
(Ord. 1999-2, Zoning § 2, subs. .010, passed 2-15-1999; Ord. 2003-5, passed 5-19-2003; Ord. 2003-9, passed 9-15-2003; Ord. 2020-06, passed 9-21-2020)