§ 16.08.020 DEFINITIONS.

   ABUT. See CONTIGUOUS.

   ACCESS. A way or means of approach to provide physical entrance to a property.

   ACCESSIBILITY RAMP. A ramp or similar STRUCTURE that provides wheelchair or similar access to a BUILDING.

   ACCESSORY STRUCTURE. A STRUCTURE that is located on the same LOT or PARCEL with the PRINCIPAL BUILDING and that is incidental and subordinate to the PRINCIPAL BUILDING. Shipping containers and commercial trailers with wheels removed used for storage are ACCESSORY STRUCTURES. ANCILLARY DWELLING UNITS are not ACCESSORY STRUCTURES. STRUCTURES that are used for AGRICULTURE purposes are not ACCESSORY STRUCTURES.

   ACCESSORY STRUCTURE, ATTACHED. An ACCESSORY STRUCTURE or improvement that is attached directly to a PRINCIPAL BUILDING or indirectly by means of another ATTACHED ACCESSORY STRUCTURE, such as a deck or patio. ATTACHED ACCESSORY STRUCTURES are designed or primarily used for leisure and, depending on the arrangement of the property, may include a DECK, outdoor fireplace, GAZEBO, pergola, pool/hot tub, PATIO, unenclosed PORCH, or STOOP. SHEDS, enclosed PORCHES and detached GARAGES are not ATTACHED ACCESSORY STRUCTURES.

   ACCESSORY USE. A use that is located on the same LOT or PARCEL as a PRINCIPAL USE and that is incidental and subordinate to the PRINCIPAL USE of the LOT or PARCEL. USES that constitute an AGRICULTURE purpose are not ACCESSORY USES.

   ACOUSTICAL SHIELDING. A man-made device or natural plantings which are used to absorb sound, such as FENCES, shrubbery, and BERMS.

   ADDITION/ENLARGEMENT. Any construction that increases the size of a STRUCTURE in terms of site coverage, height, length, width, or floor area. Conversions of attic, BASEMENT, or an attached GARAGE to livable area are not considered ADDITIONS or ENLARGEMENTS.

   ADMISSION FEE. The amount charged for the privilege of attending an event or entering a premises. ADMISSION FEES include, but are not limited to, cash donations, in-kind donations, minimum purchase requirements, and parking fees.

   ADULT USE. A BUSINESS having as a substantial or significant portion of its stock-in-trade or business activity in a USE including, but not limited to, ADULT ARCADES, ADULT BOOKSTORES OR ADULT VIDEO STORES, ADULT CABARETS, ADULT ENTERTAINMENT CENTERS, ADULT HOTELS/MOTELS, ADULT MOTION PICTURE THEATERS and ADULT MINI-MOTION PICTURE THEATERS, ADULT NIGHTCLUBS, ESCORT AGENCIES, NUDE MODELING STUDIOS, RAP PARLORS, ADULT SAUNAS and SEXUAL ENCOUNTER CENTERS where explicit SEXUAL CONDUCT is depicted and/or SEXUAL ACTIVITY is explicitly or implicitly encouraged or tolerated. ADULT USE includes the following definitions:

      1.   ADULT ARCADE. A BUSINESS where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors or similar machines for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, slides, computer generated graphics or other photographic reproductions which are characterized by an emphasis upon the depiction or description of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.

      2.   ADULT BOOKSTORE OR VIDEO STORE. A BUSINESS that devotes more than fifteen percent (15%) of the total display, shelf, rack, table, stand or floor area of its stock-in-trade, books, magazines, periodicals or other printed matter, photographs, films, sculptures, motion pictures, video cassettes, slides, computer generated graphics, or other visual representations, instruments, devices or paraphernalia which are designed for use in connection with SEXUAL CONDUCT, excluding birth control devices, or adult material for sale or viewing on premises by use of motion picture devices or other coin-operated means and other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, explicit SEXUAL CONDUCT, whether auto-erotic, heterosexual, homosexual or otherwise, bestiality or sadomasochistic activity. An ADULT BOOKSTORE includes BUSINESSES having ADULT-ONLY items as a substantial or significant portion of its stock and sells or displays adult-only items for sale to patrons therein.

      3.   ADULT USE EMPLOYEE. Any person who works at a BUSINESS classified as an ADULT USE, or performs or exposes his/her SPECIFIED ANATOMICAL AREAS at an ADULT USE business, irrespective of whether said person is paid a salary or wages by the owner or manager of the BUSINESS, establishment, or premises.

      4.   ADULT USE EMPLOYER. Any person who pays any form of consideration to an owner, manager or employee of an ADULT USE business, for the privilege to work at an ADULT USE business, or perform or expose his/her SPECIFIED ANATOMICAL AREAS within the BUSINESS.

      5.   ADULT USE ENTERTAINER. Any person who is an employee or independent contractor of an ADULT USE business, or any person who, without any compensation or other form of consideration, performs live entertainment for patrons of an ADULT USE business.

      6.   ADULT USE, ESTABLISHMENT OF AN. ESTABLISHMENT OF AN ADULT USE includes any of the following:

         a.   The opening or commencement of any such BUSINESS as a new BUSINESS.

         b.   The conversion of an existing BUSINESS, whether or not an ADULT USE, to any of the ADULT USES defined herein.

         c.   The addition of any of the ADULT USES defined herein to any other existing ADULT USES.

         d.   The relocation of any such ADULT USE.

      7.   ADULT USE HOTEL/MOTEL. A HOTEL or MOTEL or similar BUSINESS that rents, leases or lets any sleeping room for less than a six (6) hour period, or rents, leases or lets any single room more than twice in a twenty-four (24) hour period.

      8.   ADULT USE OPERATOR. Any PERSON(S), whether said PERSON(S) be an individual, partner, corporation, joint stock company, fiduciary, officer, director, stockholder, employee, or manager that conducts, maintains, or owns an ADULT USE.

      9.   ADULT USE OWNER, PERMIT HOLDER OR PERMITTEE. For the purposes of the ADULT USE definition, OWNER, PERMIT HOLDER, or PERMITTEE means any of the following:

         a.   The sole proprietor of an ADULT USE.

         b.   Any general partner of a partnership that owns and operates an ADULT USE.

         c.   The owner of a controlling interest in a corporation that owns and operates an ADULT USE.

         d.   The person(s) designated by the officers of a corporation to be the permit holder for an ADULT USE owned and operated by the corporation.

      10.   ADULT USE GROSS RECEIPTS. The total amounts actually received or receivable from the sale, trade, rental, display, or presentation of services, products, adult material, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.

      11.   ADULT USE PATRON. Any person patronizing an ADULT USE business who is not employed by any operator of said establishment.

      12.   ADULT CABARET. An adult nightclub, RESTAURANT or similar BUSINESS that regularly features live performances which are characterized by the exposure of SPECIFIED ANATOMICAL AREAS or by SPECIFIED SEXUAL ACTIVITIES, or films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREA.

      13.   ADULT CARD, GIFT OR NOVELTY STORE. A BUSINESS where more than fifteen percent (15%) of its stock-in-trade items, such as cards, games, articles of clothing, computer generated graphics and novelties are distinguished or characterized by an emphasis on depicting or describing SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.

      14.   ADULT ENTERTAINMENT BUSINESS (ADULT BUSINESS). Synonymous with ADULT USE or ADULTS-ONLY business as defined herein.

      15.   ADULT ENTERTAINMENT CENTER. A BUSINESS or portion of a BUSINESS, which contains one (1) or more coin-operated mechanisms, which when activated, permit a customer to view a live person nude or in such attire, costume, or clothing as to see pubic hair, buttocks, perineum, anal or pubic regions, or female breast, at or below the areola thereof. In addition, the viewing of a live person, in the above described manner, after paying of any admission or fee for the viewing of same activity.

      16.   ADULT MOTION PICTURE THEATER. A BUSINESS where adults-only material distinguished or characterized by an emphasis on matter depicting, describing, or relating to nudity, explicit SEXUAL CONDUCT, whether auto-erotic, heterosexual, homosexual or otherwise, bestiality, or sadomasochistic activity, is regularly and routinely presented for viewing by patron(s). Adult mini-motion picture theaters are also included in this definition.

      17.   ADULT NIGHTCLUB/BAR. A BUSINESS that either occasionally features or is primarily in the BUSINESS of featuring topless and/or bottomless dancers, go-go dancers, exotic dancers, male and/or female strippers, male or female impersonators, or similar entertainers, where explicit SEXUAL CONDUCT is depicted and/or SPECIFIED SEXUAL ACTIVITY is explicitly or implicitly encouraged or tolerated.

      18.   ADULT-ONLY. Any items or activities emphasizing, depicting, describing, or relating to nudity, explicit SEXUAL CONDUCT, whether auto-erotic, heterosexual, homosexual or otherwise, bestiality or sadomasochistic activity. An ADULTS-ONLY business is synonymous with ADULT USE.

      19.   ADULT SAUNA. A BUSINESS that provides a steam bath, where explicit SEXUAL CONDUCT is depicted and/or SPECIFIED SEXUAL ACTIVITY is explicitly or implicitly encouraged or tolerated.

      20.   ESCORT AGENCY. A BUSINESS association that furnishes offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

      21.   SEXUAL CONDUCT. Ultimate sex acts, whether auto-erotic, heterosexual, homosexual or otherwise, bestiality or sadomasochistic activity. In addition, physical contact, intended to stimulate or arouse sexually the initiator and/or the recipient, with a person’s unclothed genitalia, buttocks, perineum, anal or pubic regions, or female breast.

      22.   SEXUAL ENCOUNTER CENTER. A BUSINESS that offers, as its primary purpose, for any form of consideration:

         a.   Physical contact in the form of wrestling or tumbling between persons of the same and/or opposite sex.

         b.   Activities between male and female persons and/or persons of the same sex when one (1) or more persons is in the state of nudity.

      23.   SPECIFIED ANATOMICAL AREAS. The following anatomical areas:

         a.   Human genitals and pubic region.

         b.   Cleavage of the human buttocks.

         c.   That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). This includes the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed.

         d.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

      24.   SPECIFIED SEXUAL ACTIVITIES. The following activities:

         a.   Human genitals in a state of sexual stimulation, arousal, or tumescence.

         b.   Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, or sodomy.

         c.   Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast.

         d.   Excretory functions as part of or in connection with any of the activities set forth in SPECIFIED ANATOMICAL AREAS.

         e.   Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models dressed only in lingerie to the point where SPECIFIED ANATOMICAL AREAS are exposed.

   AGGREGATE RESOURCES. Naturally occurring concentrations of stone, rock, sand and/or gravel, decomposed granite, lime, pumice, and other similar raw materials.

   AGRICULTURAL CLASSES AND TOURS. A course of instruction in which participants are taught about agricultural methods and practices, the operations of an agricultural enterprise, how to create AGRICULTURAL CRAFTS, and/or tour the agricultural grounds and buildings.

   AGRICULTURAL CRAFTS. Handmade items, such as, but not limited to, baskets, cloth, clothes, wreaths, and broomcorn brooms, made primarily from an agricultural product grown or raised on the property and made by the owner or occupant of the property.

   AGRICULTURAL EXEMPT STRUCTURE. A STRUCTURE that is utilized primarily for AGRICULTURE purposes when located on property where AGRICULTURAL purposes constitute the principal activity on the land consistent with this Ordinance and Illinois State Statutes. AGRICULTURAL EXEMPT STRUCTURES are required to meet building SETBACK and Stormwater Management Ordinance requirements, but are not required to meet building code requirements.

   AGRICULTURAL IMPLEMENT SALES AND SERVICE. A BUSINESS primarily engaged in the sale or rental of farm tools, machinery and implements, tack, animal care products and farm supplies, and includes farm machinery repair services. Sale of feed, grain, and seed are also allowed.

   AGRICULTURAL PRODUCE. Fruit, vegetables, grains, eggs, milk, and honey prior to processing other than basic washing, sorting, and packaging.

   AGRICULTURAL PRODUCE PROCESSING. A FACILITY used for the washing, sorting, juicing, dehydrating, milling, pasteurizing, cooking, canning, bottling, packaging, or storage of AGRICULTURAL PRODUCE harvested on the premises or on property owned or leased by the facility owner. AGRICULTURAL PRODUCE PROCESSING may include the processing of industrial hemp as defined above. AGRICULTURAL PRODUCE PROCESSING shall not include the processing of industrial hemp fiber. (See INDUSTRY, LIGHT and INDUSTRY, HEAVY). AGRICULTURAL PRODUCE PROCESSING shall not include the fermenting, distilling, or mixing of agricultural produce to produce alcoholic beverages, baked goods, or similar food products, or processing of CANNABIS or production of cannabis-infused products as defined by the Illinois Cannabis Regulation and Tax Act. (See FOOD PROCESSING)

   AGRICULTURAL PROTECTION AND CONSERVATION AREA. An area of land of not less than 350 acres designated by the County Board with the owner’s consent in accordance with the Agricultural Areas Conservation and Protection Act (505 ILCS 5/5) where no land shall be used for other than agricultural production, as described within Sections 3.01 and 3.02 of the act.

   AGRICULTURE. The growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, aquaculture, dairying, floriculture, horticulture, NURSERIES, tree farms, sod farms, pasturage, viticulture and wholesale GREENHOUSES when such agricultural purposes constitute the principal activity on the land, in accordance with the Counties Code (55 ILCS 5/5-12001 et seq.). AGRICULTURE includes the wholesale and retail sale of products produced on the site, including FARMSTANDS, HORSE SHOWS, U-PICK OPERATIONS, and COMMUNITY SUPPORTED AGRICULTURE operations. AGRICULTURE also includes GAME BREEDING and HYDROPONICS. AGRICULTURE also includes, without limitation, the growing, developing, processing, conditioning, and selling of hybrid seed corn, seed beans, seed oats, or other farm seeds. AGRICULTURE does not include EARTH EXTRACTION even if such activity is related to an agricultural purpose. AGRICULTURE shall not include the cultivation of CANNABIS as defined by the Illinois Cannabis Regulation and Tax Act. (See CANNABIS CULTIVATION CENTER)

   AGRICULTURE EMPLOYEE HOUSING. DWELLING UNIT(S) provided for housing agricultural employees on a year-round or seasonal basis.

   AGRITOURISM, LIMITED. Establishment of activities on an existing agricultural operation for the purpose of attracting the public for the enjoyment, education, or active involvement in the activities of the agricultural operation. LIMITED AGRITOURISM activities may include the following and similar uses as determined by the Zoning Enforcement Officer: AGRICULTURAL CLASSES AND TOURS, ANIMAL SHOWS and petting zoos featuring FARM ANIMALS and other domestic animals, corn mazes, picnic areas, hay rides, tractor rides, and AGRITOURISM FOOD CONCESSION STANDS. LIMITED AGRITOURISM uses may be combined with allowed AGRICULTURE uses such as FARMSTANDS, HORSE SHOWS, U-PICK OPERATIONS, and COMMUNITY SUPPORTED AGRICULTURE operations.

   AGRITOURISM, INTENSIVE. Establishment of activities on an existing agricultural operation for the purpose of attracting the public for the enjoyment, education, or active involvement in the activities of the agricultural operation. INTENSIVE AGRITOURISM activities may include all of the activities allowed under LIMITED AGRITOURISM. INTENSIVE AGRITOURISM activities may also include the following and similar uses as determined by the Zoning Enforcement Officer: cider mills, haunted houses, apple and pumpkin cannons, live entertainment, ON-FARM FARM-TO-TABLE DINNER, RESTAURANTS, AMPHITHEATERS, WINERIES, and AGRITOURISM GIFT SHOPS. INTENSIVE AGRITOURISM uses may be combined with allowed AGRICULTURE uses such as FARMSTANDS, HORSE SHOWS, U-PICK OPERATIONS, and COMMUNITY SUPPORTED AGRICULTURE operations.

   AGRITOURISM FOOD CONCESSION STAND. A BUILDING or tent not exceeding six hundred (600) square feet where food and beverages are prepared and sold to patrons of AGRITOURISM uses. An AGRITOURISM FOOD CONCESSION STAND may not include indoor tables or seating for the consumption of food and beverages.

   AGRITOURISM GIFT SHOP. A BUILDING, stand, or tent that sells souvenirs and novelty gift items, such as T-shirts, coffee mugs, key rings, ornaments, and foodstuffs, that are related to the agritourism theme of the property.

   AIRPORT/HELIPORT/HELISTOP - PUBLIC USE. Includes primary, reliever, and general aviation airports as defined by the Illinois Department of Transportation including the area of land or water or both used for the landing and take-off of fixed wing, rotary, and vertical lift aircraft, and FACILITIES for the shelter, servicing or repair of aircraft, for receiving or discharging passengers or cargo, and all ancillary STRUCTURES and FACILITIES. AIRPORT/HELIPORT/HELISTOP - PUBLIC USE excludes HOSPITAL HELIPORT/HELISTOP.

   AIRPORT/HELIPORT/HELISTOP - PRIVATE USE. The area of land or water or both used for the landing and take-off of fixed wing, rotary, and vertical lift aircraft, and FACILITIES for the shelter, servicing or repair of aircraft, for receiving or discharging passengers or cargo, and all ancillary STRUCTURES and FACILITIES. Use is limited to the Illinois Department of Transportation Airport Certificate Holder and any other users as authorized by the Certificate Holder. AIRPORT/HELIPORT/HELISTOP - PRIVATE USE excludes HOSPITAL HELIPORT/HELISTOP.

   ALCOHOLIC BEVERAGES - CONSUMPTION ON-PREMISE. A BUSINESS that sells and serves alcoholic beverages for consumption on the premises. Snack foods or other prepared food may be available for consumption on the premises as an ancillary USE.

   ALCOHOLIC BEVERAGES - PACKAGE SALES. A BUSINESS that offers the retail sales of alcoholic beverages for consumption off-premises.

   ALLEY. A dedicated and improved roadway intended to provide supplementary public access to the rear or side of a LOT.

   ALTERATION. Any change to the size or shape of a STRUCTURE.

   AMPHITHEATER. An outdoor FACILITY, which may include ancillary STRUCTURES, used for entertainment events, including, but not limited to, concerts, plays, live shows, and lectures.

   AMUSEMENT FACILITIES, INDOOR. A BUSINESS where spectator and participatory uses are conducted within an enclosed BUILDING, such as movie theaters, bowling alleys, pool halls, arcades, performance venues, and indoor sporting exhibitions. INDOOR AMUSEMENT FACILITIES may include ancillary uses, such as RESTAURANTS, which may serve alcohol for consumption on-premise. ARENAS are not INDOOR AMUSEMENT FACILITIES and are regulated as a separate USE by this Ordinance.

   AMUSEMENT FACILITY, OUTDOOR. A BUSINESS where spectator and participatory uses are conducted outdoors, which may include partially enclosed FACILITIES. Typical uses include, but are not limited to, batting cages, mini- golf, outdoor racetracks, off-road riding FACILITIES for motorcycles, all-terrain vehicles, mini-bikes, go-carts, and similar off-road vehicles, and outdoor sporting exhibitions. An OUTDOOR AMUSEMENT FACILITY may include ancillary uses, such as RESTAURANTS, which may serve alcohol for consumption on-premise. FAIRGROUNDS, AMPHITHEATERS, ARENAS, OUTDOOR SHOOTING RANGE - COMMERCIAL, DRIVE-IN THEATERS, and AMUSEMENT PARKS are not OUTDOOR AMUSEMENT FACILITIES and are regulated as separate uses by this Ordinance.

   AMUSEMENT PARK. An outdoor FACILITY, which includes various devices and STRUCTURES for entertainment, including, but not limited to, rides, booths for conducting games or sale of items, and STRUCTURES for shows and other entertainment.

   ANIMAL CARE SHELTER. A property or FACILITY where animals are given short-term medical care or housing by qualified persons prior to adoption or release in the wild.

   ANIMAL SHOW. An activity, which may include STRUCTURES of a temporary nature, featuring FARM ANIMALS engaged in exhibition, competition, performance, or training for educational purposes. ANIMAL SHOW does not include HORSE RACING EVENTS or rodeo events.

   AQUIFER. An underground formation of porous materials, such as sand, gravel, or fractured rock, filled with water and capable of supplying useful quantities of water.

   ARCHITECTURAL FEATURE. A part, portion, or projection that contributes to the aesthetics of a STRUCTURE, exclusive of signs, that is not necessary for the structural integrity of the STRUCTURE, or to make said STRUCTURE habitable.

   ARENA. A FACILITY constructed with seats adjacent to a central field or court, used for the viewing of athletic events, entertainment, and other public gathering purposes, such as conventions, circuses, or concerts.

   ART GALLERY. A BUSINESS engaged in the sale, loan, and/or display of paintings, sculpture, photographs, video art, or other works of art. ART GALLERY does not include a CULTURAL FACILITY, such as a library or museum, which may also display paintings, sculpture, photographs, video art, or other works.

   ARTS STUDIO. A BUSINESS where an art, type of exercise, or activity is taught, studied, or practiced such as dance, martial arts, photography, music, painting, gymnastics, or yoga.

   ASPHALT/CONCRETE BATCH FACILITY. A FACILITY for the production of concrete, asphalt, and bituminous substances used for paving.

   ATHLETIC FACILITY, INDOOR. An establishment that provides enclosed FACILITIES for health and fitness activities such as running, jogging, aerobics, weight lifting, court sports, and swimming, and may include ancillary enclosed FACILITIES such as locker rooms, showers, massage rooms, saunas, or snack bars and other related ancillary uses for the use of patrons.

   ATHLETIC FACILITY, OUTDOOR. An establishment that provides health and fitness FACILITIES for activities such as running, jogging, court sports, and swimming, and may include indoor ancillary uses such as locker rooms, showers, massage rooms, saunas, or snack bars and other related ancillary uses for the use of patrons.

   ATTENTION-GETTING DEVICE. Any pennants, spinner, streamer, searchlights, balloons, portable sign, and similar device or ornamentation designated for the purposes of attracting attention, promoting, or advertising.

   AUCTION. A public sale in which real property, goods, or livestock is sold to the highest bidder.

   AUCTION HOUSE. A FACILITY where real property, goods, or livestock are sold by AUCTION.

   AUTO DEALERSHIP. A BUSINESS that displays and sells or leases new or used automobiles, including motorcycles, panel trucks, and vans, and may include repair service as an ancillary USE.

   AUTO RENTAL. A BUSINESS that provides rental of new or used automobiles, including panel trucks and vans, and may include repair of the fleet vehicles as an ancillary USE.

   AUTO REPAIR - MAJOR. A BUSINESS that provides services in engine rebuilding, major reconditioning of worn or damaged MOTOR VEHICLES, motorcycles, all-terrain vehicles (ATV), RECREATIONAL VEHICLES and trailers, towing, and collision service, including body, frame or fender straightening or repair, and painting of MOTOR VEHICLES, and may include MINOR AUTO REPAIR services.

   AUTO REPAIR - MINOR. A BUSINESS that provides services in minor repairs to MOTOR VEHICLES, motorcycles, all-terrain vehicles (ATV) vehicles, including repair or replacement of cooling, electrical, fuel and exhaust systems, brake adjustments, relining and repairs, wheel servicing, alignment and balancing, repair and replacement of shock absorbers, and replacement or adjustment of mufflers and tail pipes, hoses, belts, light bulbs, fuses, windshield wipers/wiper blades, grease retainers, wheel bearings, and the like.

   AVERAGE GROUND ELEVATION. The average level of the finished surface on the ground adjacent to the exterior walls of a BUILDING or STRUCTURE.

   AWNING. A roof-like cover, often of fabric or metal, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a STRUCTURE over a window, walk, or door. For AWNINGS used as a SIGN, see SIGN, AWNING.

   BACKFILL. Materials used to refill a ditch or other excavation, or the process of doing so.

   BAFFLING. A barrier that may include earthen, sand and man-made BERMS, fencing, landscape plantings, or other features intended to mute the transmission of sound.

   BALCONY. A platform which projects from the exterior wall of a BUILDING above the ground floor, which is exposed to the open air, has direct access to the interior of the BUILDING, and is not supported by posts or columns extending to the ground.

   BANNER. Any cloth, canvas, plastic, fabric, or similar lightweight flexible material that is printed with a COMMERCIAL MESSAGE or NONCOMMERCIAL MESSAGE.

   BASEMENT/CELLAR. A STORY constructed partly or wholly underground.

   BAY WINDOW. A window that projects outward from the BUILDING, which does not rest on the BUILDING foundation or on the ground and has no additional structural support to the ground.

   BED AND BREAKFAST. An operator- occupied DWELLING UNIT that provides lodging to the public for compensation in no more than five (5) guest rooms, where the operator remains on premise during the time that the DWELLING UNIT is utilized by guests and where the operator provides guests with additional services such as breakfast. A BED AND BREAKFAST serves the purpose of providing the opportunity for tourism or recreation to guests similar to a HOTEL/MOTEL or a VACATION RENTAL. A BED AND BREAKFAST does not serve the purpose of allowing guests to establish a permanent or short term residence. (See BOARDING HOUSE.)

   BERM. An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other such purposes.

   BEST MANAGEMENT PRACTICES (BMP). Techniques, measures, or structural controls that are used to achieve a desired outcome in the most cost-effective manner and which typically exceed regulatory requirements. BMPs can be applied to STORMWATER management, soil erosion control, pest control, water resource management, MINING, and AGRICULTURE.

   BLOCK. A tract of land bounded by STREETS, or by a combination of STREETS and public parks, CEMETERIES, railroad RIGHTS-OF- WAY, shorelines or waterways.

   BLOCKFACE. That portion of a BLOCK or tract of land facing the same side of a single STREET and lying between the closest intersecting STREETS.

   BOARDING HOUSE. A residential building that is either: 1) divided into three (3) or more HOUSEKEEPING UNITS wherein rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, or 2) occupied by a group of more than five (5) adult individuals not related by blood, marriage, or adoption. A BOARDING HOUSE is a type of multifamily housing.

   BROADCASTING STUDIO. A FACILITY engaged in broadcasting and information relay services for radio and television signals.

   BUFFER YARD. Land area with landscape plantings and other components used to visibly separate one USE from another or to shield or block noise, lights, or other nuisances.

   BUILDING. Any STRUCTURE with substantial walls and roof securely affixed to land and entirely separated on all sides from any similar STRUCTURE by space or by walls in which there are no communicating doors, windows, or similar openings.

   BUILDING COVERAGE. The portion of a LOT or PARCEL that is occupied by BUILDINGS or STRUCTURES, including ACCESSORY STRUCTURES, expressed as a percentage of total LOT AREA.

   BUSINESS. A COMMERCIAL enterprise engaged in entertainment, distribution, hospitality, manufacturing, recreation, retail, service, storage, or wholesale activities.

   CALIPER. The measure of the diameter of a tree, measured at six (6) inches above the ground for trees up to and including four (4) inch CALIPER size, and measured at twelve (12) inches above the ground for larger sizes.

   CAMPGROUND. FACILITIES for two (2) or more CAMPSITES, established or maintained for occupancy by CAMPING UNITS.

   CAMPING UNIT. Any tent, trailer, cabin, lean-to, RECREATIONAL VEHICLE, or similar STRUCTURE established, maintained or operated in a CAMPGROUND as temporary living quarters for recreation, education, or vacation purposes.

   CAMPSITE. A plot of ground within a CAMPGROUND intended for the exclusive occupation by a CAMPING UNIT or units under the control of a camper.

   CANNABIS. CANNABIS is marijuana, hashish, and other substances that are identified as including any parts of the plant cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not: the seeds thereof, the resin extracted from any part of the plant: and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) of greater than 0.3% on a dry weight basis and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction, in accordance with the Illinois Cannabis Regulation and Tax Act. CANNABIS includes cannabis concentrate and cannabis-infused products. CANNABIS shall not include industrial hemp as defined and authorized under the Industrial Hemp Act.

   CANNABIS CRAFT GROWER. A FACILITY operated by an organization or BUSINESS that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure, and package cannabis and perform other necessary activities to make cannabis available for sale to only licensed cannabis dispensing organizations and/or licensed cannabis infuser organizations in accordance with the Illinois Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

   CANNABIS CULTIVATION CENTER. A FACILITY operated by an organization or BUSINESS that is licensed by the Illinois Department of Agriculture to perform necessary activities to provide only licensed cannabis dispensing organizations and/or licensed cannabis infuser organizations with usable cannabis in accordance with the Illinois Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

   CANNABIS DISPENSARY. A FACILITY operated by an organization or BUSINESS that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from a licensed CANNABIS CULTIVATION CENTER or licensed cannabis infuser organization for the purpose of dispensing cannabis, cannabis infused products, paraphernalia, or related supplies and educational materials. CANNABIS DISPENSARY includes sale to registered qualifying medical patients and adults 21 years of age or older for personal use as permitted under the Illinois Cannabis Regulation and Tax Act.

   CANNABIS INFUSER ORGANIZATION OR INFUSER, ACCESSORY. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Accessory cannabis infuser is limited to: the infusing of cannabis grown on site of a licensed craft grower facility under common ownership and shall not inhabit more than twenty-five percent (25%) of the total floor area of the cannabis grow operation. Accessory cannabis infuser operation shall meet all McHenry County Health Department requirements.

   CANNABIS PROCESSING ORGANIZATION OR PROCESSOR, ACCESSORY. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Accessory cannabis processor is limited to the process of cannabis grown on site of a licensed craft grower facility under common ownership and shall not inhabit more than twenty-five percent (25%) of the total floor area of the cannabis grow operation.

   CANNABIS TRANSPORTING, ACCESSORY. An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Accessory cannabis transporting is limited to the transport of cannabis grown on site of a licensed craft grower facility under common ownership.

   CANOPY. A STRUCTURE, other than an AWNING, made of materials such as cloth or metal, or materials with a frame, either attached to a BUILDING or projecting from a BUILDING, and carried by a frame supported by the ground or sidewalk. For CANOPIES with advertising see SIGN, CANOPY.

   CAR WASH. A BUSINESS for the washing and cleaning of passenger vehicles, RECREATIONAL VEHICLES or other light duty equipment, whether automatic, by hand, or self- service.

   CEMETERY. Land and STRUCTURES such as columbaria, mausoleums, and crypts reserved for the interring of human remains. CEMETERIES may include STRUCTURES for performing religious ceremonies related to the entombment of the deceased as well as ACCESSORY STRUCTURES, such as sheds for the storage of maintenance equipment.

   CEMETERY, PET. Land and STRUCTURES reserved for the exclusive interment of animal remains.

   CHIMNEY. A vertical shaft of reinforced concrete, masonry, or other approved material enclosing one (1) or more flues, for the purpose of removing products of combustion from solid, liquid, or gaseous fuel.

   CLASS III SPECIAL RESOURCES GROUNDWATER PROTECTION AREA. An area of land designated by the Illinois Pollution Control Board pursuant to 35 Ill. Adm. Code 620.230 that contains GROUNDWATER that is demonstrably unique (e.g., irreplaceable sources of GROUNDWATER), vital for a particularly sensitive ecological system, or that contributes to a nature preserve dedicated pursuant to the Illinois Natural Areas Preservation Act (525 ILCS 30/).

   CLUB/LODGE. A FACILITY for the use of a membership organization or association with elected officers and directors, pursuant to charter or bylaws, that excludes the general public from its premises and holds property for the common benefit of its members, such as a union hall or fraternal organization lodge. A CLUB/LODGE may also be rented to members and non-members for meetings, banquets, and other gatherings.

   CLUBHOUSE. The PRINCIPAL BUILDING at a COUNTRY CLUB or GOLF COURSE that typically has a locker room for changing clothes, a store that sells sports equipment, a bar, and a RESTAURANT.

   CO-LOCATION. Placement of WIRELESS TELECOMMUNICATIONS equipment from more than one (1) service or service provider on a single tower or site.

   COMMERCIAL. A USE or activity involving the sale of goods or services for a financial gain.

   COMMERCIAL SOLAR ENERGY FACILITY. Any device or assembly of devices that (i) is ground installed and (ii) uses solar energy from the sun for generating electricity for the primary purpose of wholesale or retail sale and not primarily for consumption on the property on which the device or devices reside.

   COMMERCIAL VEHICLE. Any vehicle that is used in the operation of a BUSINESS enterprise.

   COMMERCIAL WIND ENERGY SYSTEM. A wind energy conversion facility of equal or greater than 500 kilowatts in total nameplate generating capacity.

   COMMUNITY CENTER. A FACILITY for recreational, social, educational, and cultural activities owned and operated by a public or non-profit group or agency. A COMMUNITY CENTER may include retail sales of related items and RESTAURANTS as ACCESSORY USES.

   COMMUNITY SEWER SYSTEM. An Illinois Environmental Protection Agency (IEPA) permitted wastewater treatment works that may be privately or publicly held.

   COMMUNITY SUPPORTED AGRICULTURE (CSA). A food production and distribution system that directly connects farmers and consumers. Consumers buy “shares” in a farm’s harvest in advance. Most CSAs require an annual buy- in and provide weekly deliveries or pick-ups during the harvest season.

   COMPACT AND CONTIGUOUS DEVELOPMENT. Development that is located adjacent to existing development and that occurs at an efficient density in order to minimize the conversion of agricultural and rural land and maximize the use of available infrastructure.

   COMPOST. The humus-like product of the process of COMPOSTING organic materials, which may be used as a soil conditioner.

   COMPOSTING. The biological treatment process by which microorganisms decompose the organic fraction of waste, producing COMPOST.

   CONDITIONAL USE. A USE that, owing to some special characteristics related to its operation or installation, is permitted in a zoning district only after individual review and approval of the particular USE at the particular location.

   CONSERVATION AREA. Open space designated to preserve natural features and protect wildlife and critical environmental features, which may include opportunities for passive recreation and environmental education. A CONSERVATION AREA may include FACILITIES, visitor centers, and CAMPGROUNDS operated by a public or non-profit agency as ACCESSORY USES.

   CONSERVATION EASEMENT. A legal agreement between a landowner and a government agency or non-profit organization that permanently limits uses of an area of land in order to protect its agricultural, ecological, esthetic, or other socially important values. The agreement allows the landowner to continue to own the land and to use the land in manners compatible with the preservation of the protected resource as provided for in the legal agreement.

   CONTIGUOUS. To share a common LOT LINE or zoning district boundary without being separated by a STREET or ALLEY.

   CONTRACT PURCHASER. A PERSON who has entered into a binding agreement (enforceable by law) with an OWNER for the purchase of property.

   COUNTRY CLUB. A FACILITY operated for the social and recreation activities of members and their families and invited guests. A COUNTRY CLUB includes other uses permitted by this Ordinance including GOLF COURSES, DRIVING RANGES, RESTAURANTS, recreational areas and FACILITIES, such as SWIMMING POOLS and beaches, and similar uses. A COUNTRY CLUB may serve alcohol to members and their families and invited guests on the premises. A COUNTRY CLUB may also be used for banquets.

   COVENANT (COVENANTS AND RESTRICTIONS). An agreement that binds and restricts the land in the hands of present owners and subsequent owners, enforced only by the land owners involved and not by the county or other public agency.

   CREMATORIUM. A FACILITY for cremation of human or animal remains.

   CRITICAL ROOT ZONE. The area at the base of a tree that extends out from the trunk to the drip line, or to a distance of one and one-half (1½) feet per inch DBH (Diameter at Breast Height), whichever is greater.

   CULTURAL FACILITY. A FACILITY open to the public that provides access to cultural and educational exhibits and activities including, but not limited to, museums, cultural centers, non- COMMERCIAL galleries, historical societies, historic sites, and libraries. A CULTURAL FACILITY may include retail sales of related items and RESTAURANTS as ACCESSORY USES.

   CURRENCY EXCHANGE. A BUSINESS that exchanges common currencies, sells money orders or cashier’s checks, and cashes checks as its principal activity. A FINANCIAL INSTITUTION does not include a CURRENCY EXCHANGE.

   DAY. Calendar day, unless otherwise specifically set forth in this Ordinance.

   DAY CAMP. FACILITIES providing recreational and education activities during the day within a CAMPGROUND, CONSERVATION AREA, school, PLACE OF WORSHIP, or other public or institutional FACILITY.

   DAY CARE CENTER. A state-licensed FACILITY operated by any PERSON, group of PERSONS, agency, association, or organization, where care, protection, and supervision are provided for less than twenty-four (24) hours a day for more than three (3) children under the age of twelve (12), or for well, ambulatory, or semi-ambulatory (non- bedridden) adults. A DAY CARE CENTER does not provide overnight accommodations.

   DAY CARE HOME. A state-licensed FACILITY within an operator-occupied residence, where care, protection, and supervision are provided for less than twenty-four (24) hours a day for more than three (3) children, or for well, ambulatory, or semi-ambulatory (non-bedridden) adults. For a child DAY CARE HOME, the total number of children counted includes the family’s natural, foster and/or adopted children, and all other persons under the age of twelve (12), and does not include FACILITIES that receive only children from a single HOUSEHOLD. A DAY CARE HOME does not provide overnight accommodations.

   DECK. A roofless outdoor space built as an aboveground platform abutting the wall of a BUILDING and accessible from the BUILDING regardless of whether the platform is connected to the BUILDING or supported by freestanding structural supports.

   DECLARATION OF CONSENT. An affirmation executed by all record owners of a property agreeing to the establishment of the SPECIAL SERVICE AREA and to the levy of a special tax pursuant thereto for the purposes set forth herein and containing all other consents or representations required by the County Board.

   DECOMMISSIONING. The process of removing a FACILITY including, but not limited to, disassembling and removing the components and the foundation, from the property, and restoring the property to the pre-construction condition, unless regulations governing the property have changed subsequent to the original installation.

   DRIVE-THROUGH FACILITY. That portion of a retail, RESTAURANT, or service BUSINESS where business is transacted directly with customers through a service window while customers remain within their MOTOR VEHICLE.

   DRIVE-IN THEATER. An outdoor movie theater where patrons view movies on a screen from their vehicles.

   DRIVEWAY. A paved or unpaved access strip of land providing a vehicular connector between the STREET and a parking area or GARAGE.

   DWELLING, MIXED-USE. A DWELLING UNIT located in the same building as a BUSINESS. The DWELLING UNIT is allowed only when located above or behind a ground-floor non-residential use. A ground-floor DWELLING UNIT shall not be located along the primary STREET frontage.

   DWELLING, MULTIFAMILY. A residential building containing three (3) or more attached DWELLING UNITS used for residential occupancy.

   DWELLING, SINGLE-FAMILY. A detached residential building containing only one (1) DWELLING UNIT.

   DWELLING, TWO-FAMILY. A residential dwelling containing two (2) DWELLING UNITS, each with separate entrances.

   DWELLING UNIT. One (1) or more rooms in a residential building, which are arranged, designed, or used as living quarters for one (1) HOUSEHOLD, with living, bathroom, and kitchen FACILITIES permanently installed.

   DWELLING UNIT, ANCILLARY. A detached STRUCTURE or portion of a principal STRUCTURE with living and cooking FACILITIES designed to be occupied as a residence by a HOUSEHOLD, but not constituting the PRINCIPAL USE on the property.

   EARTH EXTRACTION/MINING. The extraction and processing of mineral or AGGREGATE RESOURCES from places of natural occurrence to surface location, including activities involved in the development of an AGGREGATE RESOURCE once found. EARTH EXTRACTION/MINING does not include any of the following:

      1.   Any cutting, grading, trenching, digging, or backfilling of any foundation of a BUILDING approved for construction by McHenry County.

      2.   Any cutting, grading, trenching, digging, or backfilling of any septic tank site, including septic field approved for construction or reconstruction by McHenry County.

      3.   Top dressing in areas of existing homes, in which top dressing does not change drainage patterns.

      4.   Construction and/or maintenance of ponds less than two (2) acres in size.

      5.   Excavating an irrigation pond, provided that the excavated material is not crushed, washed, sized, or screened prior to removal from the excavation property.

   EASEMENT. The right of use giving a PERSON, government agency, public utility company, or other entity the ability to use land owned by another PERSON, government agency, public utility company, or other entity for a specific purpose.

   EAVE. The projecting lower edges of a roof overhanging the wall of a BUILDING.

   EDUCATIONAL FACILITY - COLLEGE/UNIVERSITY/TECHNICAL. A FACILITY for post-secondary higher learning that grants associate or bachelor degrees or certificates. The institution may also have research FACILITIES and/or professional schools that grant master and doctoral degrees. COLLEGE/UNIVERSITY OR TECHNICAL EDUCATIONAL FACILITIES also include post-secondary theological schools for training religious leaders and FACILITIES that offer instruction in industrial, clerical, computer, managerial, automotive, repair (electrical, plumbing, carpentry, etc.), commercial or artistic skills, or a BUSINESS conducted as a COMMERCIAL enterprise, such as a driving school. COLLEGE/UNIVERSITY OR TECHNICAL EDUCATIONAL FACILITIES include ancillary uses such as dormitories, cafeterias, retail sales of educational supplies, and similar uses.

   EDUCATIONAL FACILITY - PRESCHOOL THROUGH HIGH SCHOOL. A public, private, or parochial FACILITY that offers instruction at the preschool, elementary, junior-high, and/or high- school levels.

   EMERGENCY SHELTER, TEMPORARY. See TEMPORARY EMERGENCY SHELTER.

   ENCROACHMENT. The extension or placement of a STRUCTURE or ARCHITECTURAL FEATURE into a required SETBACK.

   ERECT. To build, construct, attach, hang, place, suspend, or affix.

   EROSION. The wearing away of the land surface by the action of wind, water or gravity.

   EXOTIC ANIMAL BREEDING AND TRAINING. The breeding and training of animals other than common domesticated and FARM ANIMALS. Exotic animals include, but are not limited to, dangerous animals such as, lions, wolves, bears, venomous reptiles and fish, and non-human primates.

   EXTERIOR STAIRWELL. One (1) or more flights of stairs and the necessary landings and platforms connecting them to form a continuous passage from the entryway of one floor or level to another in a BUILDING or STRUCTURE located on the exterior of a PRINCIPAL BUILDING.

   FACILITY. Space, STRUCTURES, and/or equipment used for a specific purpose.

   FAIRGROUND. A FACILITY, which may include both outdoor areas and enclosed permanent or TEMPORARY STRUCTURES, used for the exhibition of livestock, farm products, and similar goods, or for carnival-like entertainment.

   FARM ANIMAL. Any animal customarily raised on farms including, but not limited to, alpacas, bison, burros, cattle, chickens, donkeys, ducks, emus, fish, geese, goats, horses, llamas, mink, mules, ostriches, rabbits, sheep, swine, and turkeys. The management and care of FARM ANIMALS is known as animal husbandry, which is an agricultural purpose.

   FARM CHEMICAL AND FERTILIZER SALES. Retail sales of agricultural chemicals, including fertilizer.

   FARMERS MARKET. A common FACILITY or area where two (2) or more farmers gather to sell a variety of raw fruits and vegetables and other farm and food products directly to consumers.

   FARMSTAND. A STRUCTURE used for the retail sales of raw fruits, vegetables, and eggs and limited NURSERY items, prepared food items, meat and dairy products, and AGRICULTURAL CRAFTS, subject to the standards established in Chapter 16.56 (Use Standards). FARMSTAND shall not include the dispensing of CANNABIS, cannabis infused products, paraphernalia, or related supplies. (See CANNABIS DISPENSARY)

   FARRIER. A blacksmith BUSINESS for fabricating, adapting, and adjusting metal shoes for horses, which may include equine hoof care, including the trimming and balancing of horses’ hooves and the placing of shoes on their hooves.

   FEED, TACK, GRAIN, AND SEED SALES. A BUSINESS that engages in the wholesale or retail sale of animal feed, grain, seed, tack, animal care products, equipment for animal husbandry, apiary supplies, and similar items. Seeds to be sold may include plant, flower, and vegetable seeds that are not included within the definition of AGRICULTURE. The term animal as used in this definition includes all types of animals, fish, and fowl and is not limited to FARM ANIMALS. FEED, TACK, GRAIN, AND SEED SALES does not include the sale or rental of farm tools, machinery and implements, or farm machinery repair services.

   FENCE. A constructed barrier of wood, masonry, stone, wire, metal, or other combination of materials erected to fully or partially enclose or screen an area. An elevated deck railing is not a FENCE.

   FINAL PLAT. The official graphic depiction of a subdivision that is ultimately filed for the record in the McHenry County Recorder’s Office. It shows all LOTS, EASEMENTS, STREETS, and other dedicated areas. The FINAL PLAT also indicates items such as building SETBACK lines, restricted areas for septic systems, and any ingress and egress restrictions.

   FINANCIAL INSTITUTION. A bank, credit union, or mortgage OFFICE. A FINANCIAL INSTITUTION does not include a CURRENCY EXCHANGE.

   FLEA MARKET. A retail market that rents space to individual vendors who sell merchandise, such as antiques, used household goods, and knickknacks.

   FLAG. A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as the symbol or emblem of a city, state, country, other governmental entity, military unit, or educational institution.

   FLOOD OF RECORD. An area designated on the USGS-Hydrologic Investigation Atlas Flood of Record Maps.

   FLOODPLAIN. Those areas of McHenry County that are specified as floodplains, in the McHenry County Stormwater Management Ordinance.

   FLOODWAY. Those areas of McHenry County that are specified as Designated Floodway or Non-Designated Floodway in the McHenry County Stormwater Management Ordinance.

   FOOD PROCESSING. A FACILITY for the preparation, processing, canning, or packaging of food products including, but not limited to, canning, dairy processing, meat processing (including the slaughter of animals) and the milling of grain. FOOD PROCESSING may include production of cannabis-infused products with an approved infuser license as defined by the Illinois Cannabis Regulation and Tax Act.

   FOOD PROCESSING, HOME. A HOME OCCUPATION involving the preparation, processing, canning, or packaging of food products, and which includes honey houses and commercial kitchens (subject to the Sanitary Food Preparation Act [410 ILCS 650] and Article IV of the McHenry County Public Health Ordinance) and home kitchens (subject to the Food Handling Regulation Enforcement Act sections for “Home Kitchens Operations” [410 ILCS 625/3.4] and “Cottage Food Operations” [410 ILCS 625/4]).

   FOOTCANDLE. A unit of illumination. It is equivalent to the illumination at all points that are one (1) foot distant from uniform source of one (1) candlepower.

   FREIGHT TERMINAL. A FACILITY where commercial vehicles are stored and maintained and where cargo may be transferred from one transport vehicle to another or between modes of transport including rail, air, truck, or ship. Cargo may be stored on site for a brief period of time. FREIGHT TERMINAL may include transporting organization with an approved transportation license as defined by the Illinois Cannabis Regulation and Tax Act.

   FREQUENCY. The number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

   FUNERAL HOME. A FACILITY where the deceased are prepared for burial and where the deceased are displayed and ceremonies are conducted for the deceased before burial or cremation.

   GAME BREEDING. The breeding of animals hunted for food or sport and not normally domesticated.

   GAME PRESERVE. Land area, licensed by the State of Illinois, where special hunting privileges are granted and which must meet certain requirements for area and operating procedures.

   GARAGE. A STRUCTURE, either attached or detached, used or designed to be used for the parking and storage of vehicles.

   GARDEN CENTER. A RETAIL GOODS ESTABLISHMENT where gardening and landscaping supplies and products, including plants, NURSERY products and stock, potting soil, hardware, power equipment and machinery, garden and farm variety tools and utensils, and paving stone and bricks, are sold to consumers. A GARDEN CENTER may import the items sold.

   GAS STATION. A BUSINESS that dispenses for sale vehicular fuels and which may include ancillary retail and car wash bays.

   GAZEBO. An ACCESSORY STRUCTURE, covered by a roof, which may be enclosed with screening, intended for outdoor recreational USE.

   GOLF COURSE/DRIVING RANGE - COMMERCIAL. Land area designated for playing golf, improved with features such as trees, greens, fairways, and water hazards, or, FACILITIES for practicing the hitting of golf balls, equipped with distance markers, clubs, balls, and tees. A GOLF COURSE/DRIVING RANGE may be open to the public or may be part of a COUNTRY CLUB with access restricted to dues-paying members. A GOLF COURSE/DRIVING RANGE may include ancillary uses such as a CLUBHOUSE, RESTAURANT, bars, and retail sales of golf related items.

   GOVERNMENT FACILITY. FACILITIES owned, operated, or occupied by a governmental agency to provide a governmental service to the public.

   GRAIN ELEVATOR - COMMERCIAL. A FACILITY where grain is deposited in a silo or other storage FACILITY, and may include ancillary FACILITIES, such as receiving and testing offices, weighbridges, storage FACILITIES and/or complexes of such STRUCTURES.

   GRAPHICS, WALL. A COMMERCIAL MESSAGE or NON-COMMERCIAL MESSAGE painted directly onto the exterior wall or roof of a commercial, office, industrial, agricultural, or other non-residential BUILDING.

   GRAPHICS, WINDOW. A COMMERCIAL MESSAGE or NON-COMMERCIAL MESSAGE painted, printed, attached to, or placed upon the interior of a window or glass door of a BUILDING or painted or printed on the exterior of a window or glass door of a BUILDING and intended for viewing from the exterior of the BUILDING.

   GREENHOUSE. An AGRICULTURAL EXEMPT STRUCTURE constructed primarily of plastic or glass material and intended to provide a warmer environment through radiation from the sun or a temperature controlled environment for growing plants including, but not limited to, fruits, vegetables, flowers, shrubbery, and trees.

   GREENHOUSE/NURSERY BUSINESS. A BUSINESS where GREENHOUSE and/or NURSERY products are grown and sold wholesale or directly to retail consumers. GREENHOUSE/NURSERY BUSINESS shall not include the growing or selling of CANNABIS. (See CANNABIS CULTIVATION CENTER and CANNABIS DISPENSARY)

   GREEN INFRASTRUCTURE. A Strategically planned and managed network of natural lands, working landscapes, and other open spaces that conserve ecosystem values and functions along with products, technologies, and practices that use natural systems – or engineered systems that mimic natural processes – to enhance overall environmental quality and provide utility services.

   GROSS FLOOR AREA (GFA). The sum of the gross horizontal area of all HABITABLE FLOORS of a HABITABLE STRUCTURE, as measured from the outside face of the walls.

   GROUNDWATER. Water stored underground in rock crevices and in the pores of geologic materials that make up the Earth’s crust.

   GROUNDWATER, CLASS III SPECIAL RESOURCE. GROUNDWATER that is determined by the Illinois Pollution Control Board to be demonstrably unique (e.g., irreplaceable sources of GROUNDWATER) and vital for a particularly sensitive ecological system or groundwater that contributes to a dedicated Illinois Nature Preserve.

   GROUP HOME. A residential building occupied by persons who receive treatment, rehabilitation, or specialized care for mental or physical impairments which substantially limit one or more major life activities, such as but not limited to seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, speaking, or working. Residents, which may include live-in staff members or care providers, function as a single HOUSEKEEPING UNIT. GROUP HOMES include recovery homes as defined by the State of Illinois and sober living homes for individuals whose primary disability is recovery from drug and/or alcohol addiction and that provide structured activities directed toward recovering from substance use disorders. A GROUP HOME does not accept placement of individuals as an alternative to incarceration or as a condition of release from incarceration in a jail or prison. (See HALFWAY HOUSE).

   HABITABLE FLOOR. Any level of a HABITABLE STRUCTURE where persons live, occupy, work, congregate, or gather.

   HABITABLE STRUCTURE. Any STRUCTURE where persons live, occupy, work, congregate, or gather. A STRUCTURE used primarily for storage, such as a GARAGE, storage SHED, barn, or other ACCESSORY STRUCTURE is not a HABITABLE STRUCTURE.

   HALFWAY HOUSE. A residence licensed, certified, or accredited by the appropriate state or federal agency for the housing of persons who have been convicted of a crime, or who have been released from jail or prison, that is designed to facilitate their readjustment to society and learn to adapt to independent living. Halfway houses aim to assist in community transition and may provide vocational training, counseling, and other services.

   HEAVY RETAIL SALES. A BUSINESS that sells or rents heavy vehicles and equipment with outdoor storage areas. HEAVY RETAIL SALES includes, but is not limited to, truck rental establishments, large-scale moving centers, large- scale home improvement centers, boat storage yards, RV storage yards, and playground equipment sales centers.

   HEDGE. A row of closely planted shrubs, bushes, or any kind of plant forming a continuous vegetative screen.

   HELIPORT/HELISTOP, HOSPITAL. A HELIPORT/HELISTOP limited to serving only helicopters and vertical lift aircraft engaged in air ambulance or HOSPITAL related functions. A HOSPITAL HELIPORT/HELISTOP is an allowed ACCESSORY USE to a HOSPITAL.

   HOME OCCUPATION. An occupation, profession, activity or USE by an occupant of the residence that is clearly a customary, incidental, and secondary to the USE of a residential DWELLING UNIT and which does not alter the exterior of the property or affect the residential character of the neighborhood.

   HOMELESS/DOMESTIC VIOLENCE SHELTER. A permanent FACILITY for providing short term housing for individuals who are homeless or victims of domestic violence. See also TEMPORARY HOMELESS/DOMESTIC VIOLENCE SHELTER.

   HOOP HOUSE. An unheated GREENHOUSE constructed of plastic stretched over a flexible frame that is used to extend the growing season of fruits, vegetables, or other plants.

   HORSE ARENA, INDOOR/OUTDOOR. A FACILITY equipped with a platform, ring, ARENA, or the like, used for HORSE SHOWS and other equine related activities for pleasure, training, competition, exhibitions, demonstration, sale, or therapeutic riding for the disabled.

   HORSE RACING EVENT. Any type of horse racing, including, but not limited to, flat-track horse racing, harness horse racing and steeplechase racing, consisting of two or more participating horses racing simultaneously, each of which is either mounted by a jockey or harnessed to a sulky, carriage, or similar vehicle.

   HORSE RACING SPECTATOR SPORT EVENT FOR A COMMERCIAL PURPOSE. A HORSE RACING EVENT which is not sanctioned by the Illinois Racing Board and at which the spectators pay an ADMISSION FEE to attend the event, the spectators outnumber the participants, and at which either vending occurs and/or financial profit is derived.

   HORSE SHOW. Any aggregation of horses where there occurs the exhibiting, judging, showing, or racing of horses. HORSE SHOW excludes HORSE RACING SPECTATOR SPORT EVENT FOR A COMMERCIAL PURPOSE.

   HORSE STABLES. FACILITIES for equines, including horse ranches, boarding stables, and riding schools, which may include barns, stables, corrals, HORSE ARENAS, paddocks, polo fields, cross country courses, and the like.

   HOSPITAL. FACILITIES for primary health services and medical or surgical care to people, primarily inpatients, 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, outpatient FACILITIES or training FACILITIES. HOSPITAL includes, but is not limited to, sanitariums and any other medical FACILITY where intensive medical treatment and overnight care is provided. A HOSPITAL may include a HOSPITAL HELIPORT/HELISTOP as an ACCESSORY USE.

   HOTEL/MOTEL. A FACILITY that provides sleeping accommodations for a fee and customary lodging services. Related ancillary uses include, but are not be limited to, conference and meeting rooms, RESTAURANTS and bars, and recreational FACILITIES for the use of guests.

   HOUSEHOLD. An individual; a family of individuals related by blood or marriage or adoption, including foster children; or a group of not more than five (5) adult individuals not related by blood or marriage or adoption - who function as a single HOUSEKEEPING UNIT.

   HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY. A permanent FACILITY where the public can drop-off residentially generated solid waste items that have a chemical or biological nature that makes them potentially dangerous to living things. Collected waste materials are stored on site in limited quantities and for a limited time until delivered to an approved disposal FACILITY.

   HOUSEKEEPING UNIT. Cohabitation involving the sharing of living space, meals, recreation, social activities, and other aspects of residential living.

   HYDRIC SOILS. See SOILS, HYDRIC.

   HYDROPONICS. A method of growing plants using mineral nutrient solutions in water, without soil.

   IMPERVIOUS SURFACE. A measure of intensity of land use that represents the portion of a site that is occupied by BUILDINGS, STRUCTURES, pavement, and other surfaces that do not allow for the absorption of water.

   INDUSTRY, HEAVY. The manufacturing or processing of materials or products predominately from raw materials, or a USE engaged in storage or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially generate noise, heat, lighting and glare, dust and air pollution, radioactive and hazardous waste, odors, toxic substances, or fire and explosion hazards, as regulated in § 16.60.040 15.4 (Environmental Performance Standards). HEAVY INDUSTRY uses may include OUTDOOR STORAGE and activity areas. INDUSTRY, HEAVY may include the processing of hemp fiber.

   INDUSTRY, LIGHT. The manufacturing, fabrication, assembly, treatment, or packaging of products predominantly from prepared or processed materials, including milled lumber. LIGHT INDUSTRY uses include the incidental storage, sales, and distribution of such products. LIGHT INDUSTRY uses generate limited outside impacts. INDUSTRY, LIGHT may include the processing of hemp fiber.

   INTENSITY OF USE. Square feet of GROSS FLOOR AREA, number of DWELLING UNITS, number of employees, or other factor used as a basis for requiring parking or loading FACILITIES.

   KENNEL - COMMERCIAL. A BUSINESS where six (6) or more dogs over six (6) months of age are boarded, bred, raised, and/or trained for COMMERCIAL gain.

   LABORATORY. A FACILITY for scientific research, investigation, testing, and experimentation. A LABORATORY may include housing of laboratory animals, but not FACILITIES for the manufacture or sale of products. A LABORATORY may include temporary pilot plant installations incidental to the research conducted at the FACILITY. LABORATORY may include the research and testing of CANNABIS.

   LAND CONSERVATION ORGANIZATION. A public or private organization having the statutory authority to hold CONSERVATION EASEMENTS and/or own dedicated and/or deed-restricted open space areas, with a demonstrated capacity to manage and oversee such areas.

   LANDING AREA, RESTRICTED. Any area of land, water, or both, other than an AIRPORT, HELIPORT, or HELISTOP, that is used or is made available for the landing and takeoff of fixed-wing or rotary-wing aircraft that is intended for private USE.

   LANDING AREA, RESTRICTED – PERSONAL USE. A RESTRICTED LANDING AREA the USE of which is limited to the property OWNER and invited guests free of charge.

   LANDMARK. A property, STRUCTURE, view, or vista designated as a “Landmark” by ordinance of the County Board, pursuant to procedures prescribed within the McHenry County Historic Preservation Ordinance.

   LANDOWNER, NON-PARTICIPATING. A PERSON who is not a PARTICIPATING LANDOWNER in regard to the installation of a WIND ENERGY SYSTEM or its ancillary FACILITY.

   LANDOWNER, PARTICIPATING. Any PERSON with a vested fee interest in real property upon which a WIND ENERGY SYSTEM or its ancillary FACILITY is located, or who is either deriving or entitled to derive payments from the FACILITY owner.

   LANDSCAPE BUSINESS. A BUSINESS that provides services designing, installing, planting, or maintaining yards, gardens, or other outside grounds, and where equipment, supplies, and plant material may be stored on-site. A LANDSCAPE BUSINESS includes: landscape installation, care, and maintenance services; hardscape installation and maintenance; lawn care services (i.e., fertilizing, mowing, seeding, sod laying, spraying); plant, shrub, and tree services (i.e., bracing, planting, pruning, removal, spraying, trimming); seasonal property maintenance services (i.e., snow plowing and pavement de-icing in winter, landscaping during other seasons); and production of wood products made from allowable landscape waste stored on site (i.e. firewood, wood chips, mulch).

   LANDSCAPE WASTE. Accumulation of grass or shrubbery cuttings, leaves, tree limbs, and other material accumulated as the result of the care of lawns, shrubbery, vines, and trees. Christmas trees are excluded.

   LANDSCAPE WASTE COMPOSTING FACILITY. A FACILITY for the Composting of LANDSCAPE WASTE materials accumulated as the result of the care of lawns, shrubbery, vines, and trees. When the materials being composted are generated on-site as a result of the OWNER or lessor’s own activities, it is not a LANDSCAPE WASTE COMPOSTING FACILITY.

   LANDSCAPE WASTE TRANSFER FACILITY. A FACILITY where LANDSCAPE WASTE is collected, possibly ground to reduce its volume, held no longer than twenty-four (24) hours from the time it was received, and transferred from the subject property pursuant to an operational permit issued by the Illinois Environmental Protection Agency pursuant to 35 IAC Part 807.

   LIGHTING, FULLY SHIELDED. A fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.

   LIGHTING, UNSHIELDED. A fixture that allows light, either directly from the lamp or indirectly from the fixture or a reflector, to be emitted above the horizontal plane running through the lowest point on the fixture where light is emitted.

   LOADING BERTH. A space within a loading FACILITY exclusive of DRIVEWAYS, aisles, maneuvering areas, ramps, columns, landscaping areas, office, and work areas for the temporary parking of a COMMERCIAL VEHICLE while loading or unloading goods or materials, and which abuts upon a STREET, ALLEY, or other appropriate means of ACCESS.

   LOT. A unit of land designated within a subdivision, the plat of which has been duly authorized and recorded in the McHenry County Recorder’s Office. (See also PARCEL.)

   LOT AREA. The computed area of a LOT or PARCEL.

   LOT, CORNER. A LOT or PARCEL CONTIGUOUS to two (2) STREETS at their juncture, when the interior angle formed is less than one hundred thirty-five (135) degrees.

   LOT, FLAG. A LOT or PARCEL shaped and designed that the main building site area is set back from the RIGHT-OF-WAY on which it fronts and includes a narrow corridor access strip to connect the main building site with the RIGHT-OF-WAY.

   LOT FRONTAGE. The length of the FRONT LOT LINE of an INTERIOR LOT or the combined length of the FRONT LOT LINE and the CORNER SIDE LOT LINE of a CORNER LOT. In no case shall a LOT LINE be counted toward LOT FRONTAGE when ACCESS to the STREET that it abuts is restricted by a plat of subdivision.

   LOT, INTERIOR. A LOT or PARCEL other than a CORNER LOT.

   LOT, THROUGH. For an INTERIOR LOT, a LOT or PARCEL with two (2) STREET LOT LINES. For a CORNER LOT, the LOT or PARCEL with three (3) STREET LOT LINES.

   LOT, ZONING. A single LOT or PARCEL, or a portion of a LOT or PARCEL, or a combination of all or parts of several LOTS or PARCELS that function as a single unit for the purpose of zoning enforcement by virtue of being under common ownership and having the same zoning district designation.

   LOT LINE. A property boundary line of a LOT or PARCEL or, for the purpose of establishing a zoning boundary line, where a single LOT or PARCEL is divided into multiple zoning districts.

   LOT LINE, CORNER SIDE. The LOT LINE of a CORNER LOT that is perpendicular or approximately perpendicular to the FRONT LOT LINE, abuts a STREET, and is not a REAR LOT LINE.

   LOT LINE, FRONT. For an INTERIOR LOT, the LOT LINE that abuts a STREET. For a CORNER LOT, the shortest LOT LINE that abuts a STREET. For a THROUGH LOT, the LOT LINE providing the primary ACCESS to the LOT.

   LOT LINE, REAR. The LOT LINE that is most distant from and is, or is approximately, parallel to the FRONT LOT LINE.

   LOT LINE, STREET. A LOT LINE that abuts a STREET.

   LOT LINE, INTERIOR SIDE. The LOT LINE that is not abutting a STREET and is not a REAR LOT LINE.

   LOT LINE, SIDE. A LOT LINE that is not a FRONT LOT LINE or a REAR LOT LINE, which may be an INTERIOR SIDE LOT LINE or CORNER SIDE LOT LINE.

   LUMBER YARD. A BUSINESS that sells processed logs or timber.

   LUMINAIRE. A complete lighting unit extending from a support STRUCTURE, consisting of a light source and all necessary mechanical, electrical, and decorative parts. A LUMINAIRE does not include a pole or other support.

   MAP CORRECTION. A process to correct minor drafting inaccuracies on the Official Zoning Map, made in error by the County.

   MARINA. A boat basin and recreational FACILITY located on waterfront property which provides moorings for boats and has one (1) or more of the following FACILITIES: boat launching ramps, boat sales and delivery FACILITIES, boat repair, storage and fueling FACILITIES, and boat construction and engine repair. Construction and repair work shall be carried on only within an enclosed STRUCTURE.

   MASSAGE THERAPY CENTER. A FACILITY where services are provided for the treatment or manipulation of the human body administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar trained and licensed professional for health purposes.

   MEDICAL/DENTAL CLINIC. Offices, with no overnight FACILITIES, for the care, diagnosis, and treatment of sick, ailing, infirm, or injured people and those who are in need of medical, surgical, psychological, or dental attention.

   MEMORIAL PLAQUE. A SIGN, tablet, or plaque memorializing a person, event, STRUCTURE, or site.

   MENU BOARD. A device that lists items for sale at a restaurant or other establishment with a DRIVE-THROUGH FACILITY and intended to be decipherable to persons on the property and not from a public right-of-way or a public property.

   MESSAGE, COMMERCIAL. A lettered, numbered, symbolic, pictorial, or illuminated visual display that advertises, identifies, announces, directs, or informs the viewer about a business, product, good, service, or real property or event that is available for purchase, lease, rent, or attendance for an ADMISSION FEE.

   MESSAGE, NONCOMMERCIAL. A lettered, numbered, symbolic, pictorial, or illuminated visual display that expresses a view or opinion or urges action on a social, economic, political, or religious issue or that provides warnings or directional information, including, but not limited to, messages that advocate for or against a candidate for public office, proposition, referendum, or any other public question on the ballot of any national, state, or local election.

   MESSAGE, OFF-PREMISES COMMERCIAL ADVERTISING. A COMMERCIAL MESSAGE displayed on a property where the business, product, good, service, or real property or event that is the subject of the COMMERCIAL MESSAGE is not available for purchase, lease, rent, or attendance.

   METEOROLOGICAL TOWER. A meteorological test wind tower with an anemometer, used for the measurement and recording of wind speed, as described in the Counties Code and the Illinois Municipal Code (55 ILCS 5/5-12020 and 65 ILCS 5/11-13-26).

   MINING OPERATOR. Any PERSON, firm, partnership, or corporation engaged in and controlling a MINING operation, including governmental agencies.

   MINI-WAREHOUSE. A FACILITY for the storage of personal property where individual renters control individual storage spaces. A MINI- WAREHOUSE may include ancillary retail sales of related items, such as moving supplies.

   MOBILE HOME. A STRUCTURE, transportable in one (1) or more sections, which is built on a permanent chassis and is designed to be used as a DWELLING UNIT, with or without a permanent foundation, when connected to the required utilities. A MOBILE HOME does not include RECREATIONAL VEHICLES.

   MOBILE HOME PARK. Land area where two (2) or more MOBILE HOMES are located, either free of charge or for revenue purposes, including any associated STRUCTURES, related to individual MOBILE HOMES such as garden sheds, GARAGES, DECKS, or patios and any associated STRUCTURES related to the MOBILE HOME PARK such as management offices, maintenance buildings, access roads, water supply systems, and sewage disposal systems.

   MOTOR VEHICLE. Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public STREETS.

   MUNICIPAL WASTE. Garbage, general household waste, institutional and commercial waste, industrial lunch-room or office waste, LANDSCAPE WASTE, or construction and demolition debris.

   NATIVE VEGETATION. Vegetation that originally occurred in northeastern Illinois prior to arrival of European settlers. NATIVE VEGETATION is identified in “Plants of the Chicago Region” (Swink and Wilhelm, 1994).

   NATURAL AREA. Land and water that has substantially retained its natural character or land and water that, although altered in character, is important as habitats for plant, animal, or marine life, for the study of its natural, historical, scientific, or paleontological features, or for the enjoyment of its natural features.

   NATURAL GROUNDWATER RECHARGE FUNCTIONS. The capacity of uncompacted soils to infiltrate and filter precipitation and runoff water and recharge underlying GROUNDWATER systems.

   NATURAL RESOURCES CONSERVATION SERVICE. A division of the United States Department of Agriculture which provides technical assistance in soil-related matters to individuals, units of government, etc. through the local soil and water conservation district office.

   NATURAL RESOURCE INVENTORY (NRI) REPORT. A report prepared by the McHenry-Lake County Soil and Water Conservation District that describes the soils, as shown on the Official McHenry County Soil Maps, surficial geology, and other natural features of a parcel of land, and evaluates in general terms its suitability for a particular USE.

   NONCONFORMING LOT. A tract of land designated on a duly recorded subdivision plat, or by a duly recorded deed, or by other lawful means that complied with the LOT AREA, lot width, LOT FRONTAGE and other dimensional standards of the zoning district requirements of the zoning ordinance in effect as of the date that the LOT was created, but that does not comply with the minimum LOT AREA, LOT FRONTAGE or other dimensional requirement of the zoning district in which it is located in this Ordinance or any subsequent amendments.

   NONCONFORMING STRUCTURE. An existing STRUCTURE that, as of the effective date of this Ordinance or any subsequent amendments, does not comply to the district bulk or SETBACK requirements of this Ordinance, provided that the property OWNER can document that the STRUCTURE was in conformance with the district bulk and SETBACK requirements of the zoning ordinance in effect as of the date that the STRUCTURE was constructed or that the property OWNER can provide documentation to the satisfaction of the Zoning Enforcement Officer that the agricultural, single- or two-family residential, or residential ACCESSORY STRUCTURE existed prior to, March 1, 2005, regardless of if such agricultural, single- or two-family residential, or residential ACCESSORY STRUCTURE was lawful at the time of construction.

   NONCONFORMING USE. A USE of land or USE of a STRUCTURE that, as of the effective date of this Ordinance or any subsequent amendments, including map amendments, is used for purposes that are not allowed in the zoning district in which it is located, provided that the property OWNER can document that the USE was in conformance with the zoning ordinance in effect as of the date that the USE was established or that the property OWNER can provide documentation to the satisfaction of the Zoning Enforcement Officer that the agricultural, single- or two-family residential, or residential ACCESSORY USE existed prior to, March 1, 2005, regardless of if such agricultural, single- or two- family residential, or residential ACCESSORY USE was lawful at the time of establishment.

   NONPARTICIPATING PROPERTY. Real property that is not a PARTICIPATING PROPERTY.

   NONPARTICIPATING RESIDENCE. A residence that is located on NONPARTICIPATING PROPERTY and that is existing and occupied on the date that an application for a permit to develop the COMMERCIAL WIND ENERGY FACILITY or the COMMERCIAL SOLAR ENERGY FACILITY is filed with the county.

   NURSERY. An area of land where young trees or other plants are raised for transplanting or sale.

   OFFICE. A FACILITY for the processing, manipulation, or application of business information or professional expertise. An OFFICE may or may not offer services to the public and is not materially involved in fabricating, assembling, or warehousing of physical products for the retail or wholesale market, nor engaged in the repair of products or retail services. It is characteristic of an OFFICE that retail or wholesale goods are not shown on the premises to a customer. OFFICE does not include GOVERNMENT FACILITIES, which are a separate USE.

   OFF-PREMISES COMMERCIAL ADVERTISING SIGN. See SIGN, OFF-PREMISES COMMERCIAL ADVERTISING.

   OFFSITE SERVICES BUSINESS. A BUSINESS engaged in building trades (e.g., carpentry, ironworking, masonry, pipefitting, or roofing), offsite repairs, or other services primarily conducted offsite and involving vehicles and/or heavy machinery, such as trucks, snowplows, paving equipment, or excavation equipment, and which typically include OUTDOOR STORAGE as an ACCESSORY USE.

   OFF-STREET PARKING. The storage space for an automobile on premises other than on STREETS or RIGHTS-OF-WAY.

   ON-FARM FARM-TO-TABLE DINNER. A meal prepared primarily from locally sourced agricultural products including products grown on the farm where the meal is served where the guests are charged an ADMISSION FEE.

   ONSITE WASTEWATER TREATMENT SYSTEM. Any sewage or handling or treatment FACILITY receiving domestic sewage for disposal on the property where it was generated, or on property where the same OWNER has legal access, and having no ground surface discharge there or on any LOT or PARCEL. ONSITE WASTEWATER TREATMENT SYSTEM shall also mean septic system.

   OUTDOOR STORAGE. The placing any goods, wares, merchandise, commodities, junk, debris, construction materials or equipment, agricultural materials or equipment, residential materials or equipment, or any other item outside of a completely enclosed BUILDING for a period longer than forty-eight (48) hours.

   OVERBURDEN. All of the earth and other materials which lie above mineral or AGGREGATE RESOURCES.

   OVERLAY ZONING DISTRICTS. Geographic subareas of the County that have special characteristics or development issues and where additional zoning regulations, including regulations that allow additional flexibility for the use of property, are in effect in addition to the regulations of the base zoning district.

   OWNER. A titleholder of record, or if title is held in trust, the beneficiary of the trust or the PERSON or PERSONS who have acquired any interest in the property by contract or purchase or otherwise.

   PARAPET. The extension of a false front or wall above a roof-line.

   PARCEL. An area of land described by metes and bounds or by division making reference to the original government public land survey.

   PARK. A non-COMMERCIAL FACILITY that serves the recreation needs of residents. Parks include, but are not limited to, playgrounds, beaches, DAY CAMPS, ball fields, football fields, soccer fields, basketball courts, tennis courts, dog parks, skateboard parks, and park district field houses, which may have indoor recreation FACILITIES.

   PARKING LOT. An open, hard-surfaced area, other than a STREET or public way, used for the storage of operable passenger MOTOR VEHICLES whether for compensation or at no charge.

   PARKING STRUCTURE. A STRUCTURE composed of two (2) or more levels or floors used for the parking or storage of operable passenger MOTOR VEHICLES whether for compensation or at no charge.

   PARTICIPATING PROPERTY. Real property that is the subject of a written agreement between facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a COMMERCIAL WIND ENERGY FACILITY, a COMMERCIAL SOLAR ENERGY FACILITY, or SUPPORTING FACILITIES.

   PASSENGER TERMINAL. A FACILITY for handling, receiving and transferring passenger traffic, including, but not limited to aircraft, trains, buses, and watercraft.

   PAWN SHOP. A BUSINESS that lends money on the deposit or pledge of physically delivered personal property, and who may also purchase such property on the condition of selling it back again at a stipulated price. Consignment shops and antique shops are not considered PAWN SHOPS, but rather RETAIL GOODS ESTABLISHMENTS.

   PATIO. An improved outdoor space designed and intended for recreational use by people, particularly for sitting, dining, and relaxing.

   PERSON. Any individual, partnership, co- partnership, firm, company, corporation, association, joint stock company, trust, estate, legal entity, or their legal representative(s), agent(s) or assign(s).

   PERSONAL SERVICE ESTABLISHMENT. A BUSINESS primarily engaged in the provision of frequent services of a personal nature. Typical PERSONAL SERVICE ESTABLISHMENTS include, but are not limited to, beauty salons, spas, barbershops, tanning salons, COMMERCIAL copy shops, animal grooming, shoe repair, repair shops (including small engine repair), gold purchasing BUSINESSES, laundromats, dry cleaners and tailors, tax preparation services, and insurance agencies.

   PLACE OF WORSHIP. A FACILITY where persons regularly assemble for religious purposes, religious instruction, and related social events, which is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. A PLACE OF WORSHIP may include housing for persons under religious vows or orders, a cemetery, or a public food pantry.

   PLANNED DEVELOPMENT. A type of conditional use permit in which an area of land is granted flexibility with regard to its development consistent with the purposes and standards of Chapter 16.28 (Planned Developments).

   POLLUTION CONTROL FACILITY. A waste storage site, sanitary landfill, waste disposal site, waste treatment FACILITY, waste transfer FACILITY, or waste incinerator.

   PORCH. A STRUCTURE, which can be enclosed or unenclosed, that projects from the exterior wall of a BUILDING, has direct access to the ground, and is covered by a roof or eaves. An unenclosed PORCH is open on two (2) or more sides, and may have a railing along the edge. An enclosed PORCH is enclosed by walls, screens, lattice or other material on two (2) or more sides. A screened-in PORCH is considered an enclosed PORCH.

   PORTABLE ASPHALT/CONCRETE BATCH FACILITY. Temporary, portable equipment set up for the production of concrete or bituminous substances used for paving.

   POWER PRODUCTION. Plant, FACILITIES, and equipment for the purposes of generating, transmitting, delivering, or furnishing energy for the COMMERCIAL production of power.

   POWER-DRIVEN PROCESSING EQUIPMENT. Equipment such as, but not limited to, balers, granulators, shredders, crushers, grinders, densifiers, and conveyors used exclusively to process RECYCLABLE MATERIALS for the secondary materials market.

   PRAIRIE. An extensive area of flat to hilly, predominantly treeless, grassland. PRAIRIES comprise those native plant communities that are dominated by a diversity of perennial forbs, or wildflowers, growing in a perennial graminoid, or grass-like, matrix which forms a dry flammable turf in autumn.

   PRELIMINARY PLAT. A graphic depiction of the proposed LOT LINES, STREETS, and other engineering improvements of a proposed subdivision superimposed on a map of the existing topography. Where septic systems are to be used for subsurface waste disposal, a PRELIMINARY PLAT also indicates soil classifications and wetness categories used to determine suitability of various areas for the septic systems.

   PRINCIPAL BUILDING. The BUILDING in which a PRINCIPAL USE is conducted.

   PRINCIPAL USE. The main USE of a LOT, PARCEL, or STRUCTURE, as distinguished from an ACCESSORY USE.

   PRINTING ESTABLISHMENT. A FACILITY for the custom reproduction of written or graphic materials on a custom order basis. Typical processes include, but are not limited to, offset printing, photocopying, blueprint printing and copying, and binding. PRINTING ESTABLISHMENTS do not include a COMMERCIAL copy shop, where services such as photocopying, binding, and access to computers and facsimile sending and receiving are provided, which is considered a PERSONAL SERVICE ESTABLISHMENT.

   PROCESSING RECYCLABLES. Preparation of RECYCLABLE MATERIALS for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and re-manufacturing.

   PUBLIC SAFETY FACILITY. FACILITIES operated by public safety agencies, including fire stations, and police and sheriff substations and headquarters, including the dispatching, storage and maintenance of police and fire vehicles, or public works FACILITIES of a governmental entity for repair, storage, or production FACILITIES, including the dispatching, storage, and maintenance of official vehicles. Training activities may be conducted by the resident public safety agency on a limited basis.

   PUBLIC SAFETY TRAINING FACILITY. A FACILITY used by police departments, fire departments, rescue squad units, civil defense units, and any other related groups to conduct training maneuvers for the welfare and safety of the public. A PUBLIC SAFETY TRAINING FACILITY may include target shooting ranges.

   PUBLIC USE AREA. The area within a USE where the public or a substantial number of the public has access to, including but not limited to, such areas as dining rooms, restrooms, bar seating, display areas, etc.

   QUALIFYING STRUCTURE. A supporting wireless telecommunications STRUCTURE that is: an existing STRUCTURE, if the height of the FACILITY, including the structure, is not more than fifteen (15) feet higher than the STRUCTURE just before the FACILITY is installed; or, a substantially similar, substantially same-location replacement of an existing STRUCTURE, if the height of the FACILITY, including the replacement STRUCTURE is not more than fifteen (15) feet higher than the height of the existing STRUCTURE just before the FACILITY is installed.

   RECEPTION FACILITY. A BUSINESS that provides the hosting and rental services of a banquet hall or similar FACILITY for private events including, but not limited to, wedding receptions, holiday parties and fundraisers, with food and beverages that are prepared on site or by a caterer and served to invited guests during intermittent dates and hours of operation. A RECEPTION FACILITY may have overnight guest rooms for the use of persons attending events. A RECEPTION FACILITY is not operated as a RESTAURANT with regular hours of operation nor as a HOTEL offering overnight accommodations to persons other than persons attending events.

   RECLAMATION. The process for restoring land to a condition whereby a permitted end USE may be established.

   RECLAMATION, SIMULTANEOUS. RECLAMATION that is accomplished as EARTH EXTRACTION/MINING operations progress.

   RECREATIONAL VEHICLE. A vehicle designed as temporary living quarters and/or for recreational, camping, or travel use, which either has its own mode of power or is mounted on or drawn by another vehicle. This includes the following types:

      1.   TRAVEL TRAILER (INCLUDING FIFTH-WHEEL TRAILERS). A vehicular transportable unit identified by the manufacturer as a travel trailer, whether mounted on wheels or not, designed and constructed primarily to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than eight and one-half (8½) feet and an overall body length of no more than forty (40) feet, when factory equipped for the road.

      2.   MOTOR HOME. A vehicular unit built upon a self-propelled MOTOR VEHICLE chassis primarily designed to provide temporary living quarters for recreational, camping, or travel use.

      3.   PICKUP COACH/TRUCK CAMPER. A portable unit designed to be loaded onto or affixed to a pickup or other truck chassis and constructed to provide temporary living quarters for recreational, camping, or travel use.

      4.   CAMPING TRAILER. A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls that fold or collapse for towing by another vehicle to provide temporary living quarters for recreational, camping, or travel use.

      5.   BOAT. A vessel designed to travel on water.

      6.   BOAT TRAILER. A trailer designed to haul a boat as designed above.

   RECREATIONAL VEHICLE SALES. A BUSINESS that sells or leases new or used RECREATIONAL VEHICLES. A RECREATIONAL VEHICLE SALES business may maintain an inventory of the vehicles for sale or lease either on- site or at a nearby location, and may provide on-site FACILITIES for the repair and service of the vehicles sold or leased by the dealership.

   RECYCLABLE MATERIALS. Materials that are separated from garbage, MUNICIPAL WASTE, or refuse for the purpose of recycling, including but not limited to, aluminum and tin cans, newspapers, corrugated cardboard, high grade printing and writing papers, magazines, LANDSCAPE WASTE, plastic, and glass containers.

   RECYCLING COLLECTION CENTER. A FACILITY that accepts SEGREGATED, non- hazardous, non-special, homogeneous, non-putrescible materials such as dry paper, glass, electronics, batteries, cans, or plastic, for short-term storage for the subsequent use in the secondary materials market.

   RECYCLING COLLECTION MOBILE UNIT. An automobile, truck, trailer, or van used for the collection of RECYCLABLE MATERIALS or the bins, boxes, or containers transported by trucks, vans, or trailers, and used for the collection of RECYCLABLE MATERIALS.

   RECYCLING DROP-OFF POINT. A site or FACILITY that accepts only SEGREGATED, non- hazardous, non-special, RECYCLABLE MATERIALS for the subsequent use in the secondary materials market. Such recycling drop-off points may include: reverse vending machines, either singularly or located in groups, mobile units, kiosk units, igloos, or unattended containers.

   RECYCLING PROCESSING FACILITY. A FACILITY that accepts non-hazardous, non-special, homogeneous, non-putrescible materials such as, but not limited to, dry paper, glass, electronics, batteries, cans, or plastic for storage, operation and/or processing by POWER-DRIVEN PROCESSING EQUIPMENT for the subsequent use in the secondary materials market.

   REPAIRS. Those construction activities related to maintenance of BUILDINGS or STRUCTURES without removal or cutting away of any exterior or interior wall, partition, or portion thereof, or the cutting of any structural beam, joist, or bearing support.

   RESIDENTIAL CARE FACILITY. A group care FACILITY offering twenty-four (24) hour medical or non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individual. A RESIDENTIAL CARE FACILITY may include independent living, assisted living, or nursing home FACILITIES, including continuum of care FACILITIES.

   RESORT. A FACILITY comprised of one or more STRUCTURES containing guest rooms, which can be rented individually or as a group, with a large portion of the site devoted to indoor and outdoor recreational activities, including but not limited to MASSAGE THERAPY CENTERS and RECEPTION FACILITIES.

   RESTAURANT. A BUSINESS where food and/or beverages are prepared, served and consumed on-site or for carry-out and delivery. RESTAURANTS may offer alcoholic beverages for sale as incidental to food and non-alcoholic beverage service.

   RESTRICTED LANDING AREA. See LANDING AREA, RESTRICTED.

   RESTRICTED LANDING AREA – PERSONAL USE. See LANDING AREA, RESTRICTED – PERSONAL USE.

   RETAIL GOODS ESTABLISHMENT. A BUSINESS that provides physical goods, products, or merchandise for sale directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. A RETAIL GOODS ESTABLISHMENT that sells primarily pre-packaged food products, such as a delicatessen, bakery, or grocery, may offer incidental seating areas for consumption of food on the premises. RETAIL GOODS ESTABLISHMENT excludes any BUSINESS that dispenses cannabis, cannabis infused products, paraphernalia, or related supplies, see CANNABIS DISPENSARY.

   RIGHT-OF-WAY. Land acquired by reservation, dedication, prescription, or condemnation, and intended to be occupied by a STREET, sidewalk, parkway, trail, water line, sanitary sewer, and/or other public utilities or FACILITIES.

   ROOFLINE. The top edge of a roof or building PARAPET, whichever is higher, excluding any cupolas, pylons, CHIMNEYS, or minor projections.

   SALVAGE YARD. A FACILITY where used vehicles, appliances, building fixtures, ARCHITECTURAL FEATURES from STRUCTURES, and similar commodities are sorted, dismantled and/or offered for sale.

   SATELLITE DISH ANTENNA. A round antenna greater than one (1) meter (39.37 inches) in diameter designed for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication, or other signals from other antennas, satellites, or other services. Round antennas less than one (1) meter (39.37 inches) in diameter are not regulated by this Ordinance.

   SAVANNA. Landscapes with between ten percent (10%) and fifty percent (50%) native tree canopy, commonly dominated by oak trees.

   SAWMILL. A FACILITY that includes equipment or apparatus for sawing logs and timber.

   SCREENING. A method of visually shielding or obscuring STRUCTURES or uses from abutting or nearby properties with FENCES, WALLS, BERMS, or densely planted vegetation.

   SEGREGATED. RECYCLABLE MATERIAL separated at the point of generation from MUNICIPAL WASTE.

   SENSITIVE AQUIFER RECHARGE AREA (SARA). Those areas of McHenry County with groundwater AQUIFERS that are most susceptible to become contaminated from pollution based on their surface and subsurface soil and geologic characteristics as identified in Map Unit A (High Potential for Aquifer Recharge/Contamination) and Map Unit B (Moderately High Potential for Aquifer Recharge/Contamination) of the McHenry County Sensitive Aquifer Recharge Area Map contained in the McHenry County Water Resources Action Plan as adopted by the County Board on October 18, 2011, and as may be amended from time to time.

   SETBACK. The minimum distance that the closest wall of a STRUCTURE or the closest point of a USE must be separated from a LOT LINE, RIGHT-OF-WAY line, or STREET centerline, as specified by this Ordinance.

   SHADOW FLICKER. The strobe effect caused by the shadows cast by the rotating blades of a WIND ENERGY SYSTEM on a sunny day. SHADOW FLICKER intensity is defined as the difference or variation in brightness at a given location in the presence and absence of a shadow.

   SHED. An ACCESSORY STRUCTURE, whether constructed on site or purchased pre-built or as a kit in pre-fabricated sections, not designed to be served by heat, electricity, or plumbing. A SHED is typically intended to store lawn, garden, or SWIMMING POOL care equipment.

   SHOOTING RANGE, INDOOR - COMMERCIAL. A partially or fully enclosed FACILITY used for the discharge of firearms for the purposes of recreation, practice, firearm testing, target practice, skeet and trap shooting, or temporary competitions. INDOOR SHOOTING RANGE includes indoor archery ranges.

   SHOOTING RANGE, OUTDOOR - COMMERCIAL. An outdoor FACILITY used for the discharging of firearms for the purposes of recreation, practice, firearm testing, target practice, skeet and trap shooting, or temporary competitions, such as turkey shoots where attendees pay an ADMISSION FEE or are offered an opportunity to purchase goods or services. COMMERCIAL OUTDOOR SHOOTING RANGE includes outdoor archery ranges. Hunting and nonrecurring discharging of firearms on private property with the property owner’s permission are not considered a COMMERCIAL OUTDOOR SHOOTING RANGE.

   SIGN PERMIT. A permit that grants permission for the construction, ALTERATION, or relocation of a SIGN.

   SIGN. A STRUCTURE located on private property which is oriented towards a public right-of- way or public property and which contains a COMMERCIAL MESSAGE or NON- COMMERCIAL MESSAGE that can be deciphered from a public right-of-way or public property. SIGNS do not include FLAGS, ATTENTION GETTING DEVICES, BANNERS, MENU BOARDS, WALL GRAPHICS, or WINDOW GRAPHICS.

   SIGN, A-FRAME. A SIGN typically constructed in the shape of the letter “A,” or some variation thereof, that is displayed on the ground, not permanently embedded in the ground or attached to a BUILDING or STRUCTURE, and usually two-sided, and having a sign area of not more than four (4) square feet and a maximum sign height of six (6) feet. Any A-FRAME SIGN that exceeds these dimensional limitations is regulated as a GROUND SIGN – MONUMENT or GROUND SIGN - POLE.

   SIGN, ANIMATED. Any SIGN which uses movement or change of lighting to depict action or to create a special effect or scene. ANIMATED SIGNS do not include DIGITAL SIGN components.

   SIGN, AWNING. A SIGN that is printed or displayed upon an AWNING.

   SIGN, BANNER. See BANNER.

   SIGN, BLADE (A.K.A., FEATHER SIGN). A SIGN that is constructed of a BANNER supported by a single vertical pole mounted into the ground.

   SIGN, CANOPY. A SIGN that is printed or displayed upon a canopy.

   SIGN, DIGITAL. Any SIGN or portion of a SIGN that uses changing lights to form a SIGN message or messages in textual form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

   SIGN, FLASHING. A SIGN which contains an intermittent or sequential flashing light source used primarily to attract attention.

   SIGN, GROUND. Any SIGN placed upon or supported by the ground independently of any other STRUCTURE.

   SIGN, GROUND - MONUMENT. A GROUND SIGN where the base of the sign STRUCTURE is on the ground or up to a maximum of eighteen (18) inches above grade. The monument base must be designed as an integral part of the sign STRUCTURE. The width of the top of the sign STRUCTURE can be no more than one-hundred twenty percent (120%) of the width of the base.

   SIGN, GROUND - POLE. A GROUND SIGN that is affixed, attached or erected on one (1) or two (2) poles that is not itself an integral part of the sign.

   SIGN, MOVING. Any SIGN that, in whole or in part, rotates, elevates, or in any way alters position or geometry. MOVING SIGNS do not include clocks or barber poles.

   SIGN, OFF-PREMISES COMMERCIAL ADVERTISING. A SIGN that contains an OFF- PREMISES COMMERCIAL ADVERTISING MESSAGE.

   SIGN PERMIT. A permit that grants permission for the construction, ALTERATION, or relocation of a SIGN.

   SIGN, PROJECTING. Any SIGN that is attached to a BUILDING or other STRUCTURE, and extends beyond the surface of the STRUCTURE to which it is attached by eighteen (18) inches or more.

   SIGN, TEMPORARY - NONSTRUCTURAL. A SIGN comprised of not more than three support wires, rods, posts, or poles not exceeding one (1) by one (1) inches or one (1) inches in diameter and that are not permanently embedded in the ground with a message surface composed of paper, cardboard, corrugated vinyl, or a BANNER; or a similarly composed message surface mounted flush against a building, gate, or fence; and that is erected for a limited period of display. TEMPORARY NONSTRUCTURAL SIGNS may be supported by three or fewer metal u-channel or t-channel sign posts, regardless of the dimensions of the metal u-channel or t-channel sign posts.

   SIGN, TEMPORARY - STRUCTURAL. A SIGN comprised of not more than three support rods, posts, or poles exceeding one (1) by one (1) inches or one (1) inches in diameter that are not permanently embedded in the ground with a message surface composed of paper, cardboard, plastic, corrugated vinyl, a BANNER, wood or metal and that is erected for a limited period of display.

   SIGN, WALL. A SIGN mounted flat against and projecting less than eighteen (18) inches from the wall of a STRUCTURE with the exposed face of the sign in a plane parallel to the face of the wall.

   SIGN, YARD. A type of GROUND SIGN comprised of one or two support rods, posts, or poles not exceeding four (4) by four (4) inches or five (5) inches in diameter with a message surface not exceeding nine (9) square feet in area composed of paper, cardboard, wood, plastic, corrugated vinyl, a BANNER, or metal and with a maximum sign height of six (6) feet or a similarly composed message surface not exceeding nine (9) square feet in area mounted flush against a gate or fence. A BANNER mounted between existing fixed objects or mounted flush against an existing structure is not a YARD SIGN.

   SITE PLAN REVIEW. A mandatory review process intended to promote orderly development and redevelopment in the County.

   SITE PREPARATION - EARTH EXTRACTION/MINING. Preliminary measures to ready an area prior to commencing EARTH EXTRACTION/MINING activity which may include, but is not limited to, the installation of BERMS and/or FENCES, removal of OVERBURDEN, construction of ACCESS and/or haul roads, preparation of monitoring wells, and installation of lights and/or gates.

   SOIL BORING. An observation pit, dug by hand or backhoe at least two (2) feet wide, or an undisturbed soil core taken intact and undisturbed by a probe. SOIL BORINGS shall extend at least five (5) feet below the natural ground surface, or greater if needed.

   SOIL BORING LOG. A report documenting the depths to the seasonal and permanent water saturation, depth to bedrock, USDA/NRCS soil texture and soil structure, soil coloration, depth of SOIL MOTTLING, permeability range, slope, soil compaction, and other soil characteristics that may reduce or increase permeability.

   SOIL MOTTLING. A soil condition that occurs when soils are wet for long periods. This results in reduced oxygen levels in the soil causing the natural red or brown colors of soil to have gray spots (mottles). Mottles indicative of these wet conditions have a Chroma equal to or less than two (2) and a Value equal to or greater than four (4) on the Munsell Soil Color Chart.

   SOILS, GROUNDWATER DISCHARGE. For the purpose of identifying SENSITIVE AQUIFER RECHARGE AREAS (SARA), GROUNDWATER DISCHARGE SOILS are only those soils belonging to one of the following soil series: 1067A Harpster, 1082A Millington, 1100A Palms,1103A Houghton, 1201A Lena, 1488A Hooppole,1626A Kish, and 4103A Houghton.

   SOILS, HYDRIC. Soils that formed under conditions of saturation where flooding or ponding occurs long enough during the growing season to develop anaerobic conditions in the upper part. HYDRIC SOILS are identified in the Soil Survey of McHenry County, Illinois, including any subsequent amendments.

   SOILS, RESTRICTED PERMEABILITY. For the purpose of identifying SENSITIVE AQUIFER RECHARGE AREAS (SARA), RESTRICTED PERMEABILITY SOILS are only those soils found in table 6, (Main Cropland Limitations and Hazards) of the Soil Survey of McHenry County, Illinois, including any subsequent amendments, which have restricted permeability and belonging to the Ashkum soil series.

   SOILS, STEEP SLOPE. For the purpose of identifying SENSITIVE AQUIFER RECHARGE AREAS (SARA), STEEP SLOPE SOILS are only those soils found in table 6, (Main Cropland Limitations and Hazards) of the Soil Survey of McHenry County, Illinois, including any subsequent amendments, which have slope classes C, D, E or F, except those soils with STEEP SLOPES that have excessive permeability which are considered SENSITIVE AQUIFER RECHARGE AREA.

   SOIL SURVEY. A document created by the USDA Natural Resources Conservation Service which records soil types with maps and describes soil characteristics.

   SOLAR PANEL. A device that collects and converts sunlight, a source of energy, for such purposes as heating or cooling a STRUCTURE, heating or pumping water, or generating electricity. SOLAR PANEL includes solar thermal panels.

   SPECIAL SERVICE AREA (SSA). A CONTIGUOUS area within a municipality or county in which special governmental services are provided in addition to those services provided generally throughout the municipality or county, the cost of the special services to be paid from revenues collected from taxes levied or imposed upon property within that area as provided for in the Illinois Property Tax Code (35 ILCS 200/27).

   SPECIAL SERVICE AREA PROPOSING ORDINANCE. An ordinance proposing the establishment of a SPECIAL SERVICE AREA that also sets forth a date and form of notice for the SSA Hearing.

   SPOIL. Waste material that is exposed and removed in excavating.

   STACKING SPACE. A space specifically designated as a waiting area for vehicles patronizing a DRIVE-THROUGH FACILITY.

   STEEP SLOPES. Land slopes equal to or greater than twelve percent (12%).

   STOOP. An exterior floor typically, but not necessarily, constructed of concrete and/or masonry, with a finished floor elevation higher than the adjacent ground level, often with steps leading up to it, and utilized primarily as an access platform to a BUILDING.

   STORAGE YARD. A FACILITY for OUTDOOR STORAGE, including items for sale, lease, processing, and repair, where such FACILITY is the PRINCIPAL USE of the property.

   STORAGE, OUTDOOR. See OUTDOOR STORAGE.

   STORMWATER. Precipitation and snow melt that flows as channelized or unchannelized surface flow or through underground culverts or pipes.

   STORY. That part of a BUILDING between the wearing surface of a floor and the floor next above, and if there is no floor above, then the ceiling immediately above. A BASEMENT/CELLAR is a STORY if its ceiling is six (6) feet or more above the level from which the height of the BUILDING is measured.

   STREET. A state, County, township, municipal, or private roadway.

   STRUCTURAL ALTERATION. Any change in the supporting members of a STRUCTURE, such as foundation wall, bearing walls or partitions, columns, beams, or girders or any substantial change in the roof or in the exterior walls, excepting such repairs as may be required for the safety, maintenance, and upkeep of the STRUCTURE.

   STRUCTURE. Anything constructed, erected, or placed, which requires location in or on the ground or a body of water, or is attached to something having a location on the ground, including earthen works.

   SUBDIVIDER. Any individual, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings to effect a subdivision of land as the OWNER of record, for the OWNER of record, or for another with consent of the OWNER of record.

   SUN GLINT. The reflection of sunlight off of a surface of the blades, tower, or other components of a WIND ENERGY SYSTEM.

   SUPPORTING FACILITIES. The transmission lines, substations, access roads, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the COMMERCIAL WIND ENERGY FACILITY or COMMERCIAL SOLAR ENERGY FACILITY.

   SURFACE WATER. Water that resides or flows in streams, rivers, natural lakes, constructed reservoirs, and WETLANDS.

   SWEPT AREA. The area encompassed by the rotating blades of a WIND ENERGY SYSTEM.

   SWIMMING POOL. A receptacle for water and/or an artificial pool of water of twenty-four (24) inches or more in depth, intended for swimming or other recreational USE.

   SYSTEM HEIGHT - WIND ENERGY SYSTEM. The height of a FREESTANDING WIND ENERGY SYSTEM as measured from the AVERAGE GROUND ELEVATION to the highest point on the system, including the tip of the blades when they are at the highest point in their rotation. The height of a BUILDING-MOUNTED WIND ENERGY SYSTEM as measured from the highest point on the BUILDING to the highest point on the system, including the tip of the blades when they are at the highest point in their rotation.

   TEMPORARY AGRITOURISM EVENT. Temporary activities conducted on an existing agricultural operation for the purpose of attracting the public for the enjoyment, education, or active involvement in the activities of the farm or operation. TEMPORARY AGRITOURISM EVENT activities may include all INTENSIVE AGRITOURISM activities. TEMPORARY AGRITOURISM EVENTS may be conducted in combination with LIMITED AGRITOURISM uses and AGRICULTURE uses such as FARMSTANDS, HORSE SHOWS, U-PICK OPERATIONS, and COMMUNITY SUPPORTED AGRICULTURE operations.

   TEMPORARY CONTRACTOR’S OFFICE. A temporary, portable, or modular STRUCTURE utilized as a watchman’s quarters, construction OFFICE, equipment shed, or sales center during the construction of a new development.

   TEMPORARY EMERGENCY RESIDENCE. The TEMPORARY USE of a MOBILE HOME in the event of a fire or natural disaster that results in the partial or total demolition of any residence making it unfit for human habitation, for use during rehabilitation of the original residence or construction of a new residence.

   TEMPORARY EMERGENCY SHELTER. The short-term USE of a FACILITY or property to provide housing for individuals who are displaced by acts of God such as fires, floods, and tornadoes and to provide short-term housing for personnel who are responding to such emergencies. A TEMPORARY EMERGENCY SHELTER is an allowed ACCESSORY USE within another PRINCIPAL USE or on the land occupied by another PRINCIPAL USE, such as a PLACE OF WORSHIP, EDUCATIONAL FACILITY or GOVERNMENT FACILITY.

   TEMPORARY ENTERTAINMENT EVENT. A temporary live entertainment event, such as the performance of live music, revue, or play within an outdoor space or indoor FACILITY not typically used for such events. TEMPORARY ENTERTAINMENT EVENT includes HORSE SHOWS (when not in conjunction with a HORSE STABLE), ANIMAL SHOWS, carnivals/circuses, rodeos, temporary worship services, and others. TEMPORARY ENTERTAINMENT EVENT does not include SPECTATOR SPORT HORSE RACING EVENTS FOR COMMERCIAL PURPOSES.

   TEMPORARY FARMERS MARKET. A common FACILITY or area where two (2) or more farmers gather to sell a variety of raw fruits and vegetables and other farm and food products directly to consumers on an occasional basis during the agricultural growing and harvest season.

   TEMPORARY FIREWORKS DISPLAY. The detonation, ignition, or deflagration of consumer fireworks to produce a visual or audible effect or the detonation, ignition, or deflagration of display fireworks, special effects, or flame effects to produce a visual or audible effect as regulated by the Illinois Fireworks Use Act (425 ILCS 35/).

   TEMPORARY HOMELESS/DOMESTIC VIOLENCE SHELTER. The short-term or seasonal USE of an existing FACILITY to provide housing for individuals who are homeless or victims of domestic violence. A TEMPORARY HOMELESS/DOMESTIC VIOLENCE SHELTER is an allowed TEMPORARY USE within another PRINCIPAL USE such as a PLACE OF WORSHIP, EDUCATIONAL FACILITY or GOVERNMENT FACILITY.

   TEMPORARY REAL ESTATE SALES OFFICE. A residential unit temporarily used for display purposes as an example of DWELLING UNITS available or to be available for sale or rent in a particular subdivision or other residential development. TEMPORARY REAL ESTATE SALES OFFICE may also incorporate sales or rental offices for dwellings within the development.

   TEMPORARY SALES EVENT. Temporary sales where goods are sold, such as consignment auctions, FLEA MARKETS, arts and crafts fairs, and holiday sales, such as Christmas tree lots. TEMPORARY SALES EVENT may include multiple vendors. TEMPORARY SALES EVENT does not include outdoor sales related to a RETAIL GOODS ESTABLISHMENT where such goods are part of the establishment’s regular items offered for purchase, nor AUCTIONS of personal or real property.

   TEMPORARY USE PERMIT. A permit that authorizes the TEMPORARY USE of land and STRUCTURES for certain events and STRUCTURES that are non-permanent in nature.

   TEMPORARY STRUCTURE. Any STRUCTURE not designed to be permanently located, placed, or affixed in the place where it is or where it is intended to be placed.

   TEMPORARY USE. A USE established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

   TENANT. The possessor or occupier of land or STRUCTURES.

   TOWER AND ANTENNA. STRUCTURES and equipment used for the distribution of communications, electricity or similar utilities. TOWER AND ANTENNA excludes utility poles; amateur radio equipment and towers; and WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS.

   TOWER AND ANTENNA, WIRELESS TELECOMMUNICATIONS. Towers, antennas, and ancillary STRUCTURES used to transmit and receive to transmit and/or receive telecommunications signals and AM broadcast station, transmitting communication in the 540 kHz to 1700 kHz band for public reception authorized by the FCC.

   TOWER AND ANTENNA - CLASS I. A TOWER AND ANTENNA that does not exceed seventy-five (75) feet in height.

   TOWER AND ANTENNA - CLASS II. A TOWER AND ANTENNA that exceeds seventy-five (75) feet in height.

   TRUCK WASH. A BUSINESS for the washing and cleaning of large MOTOR VEHICLES such as semi-tractors and trailers, whether automatic, by hand, or self-service.

   U-PICK OPERATIONS. An agricultural practice where the purchasers of farm crops enter the growing areas and harvest their own fruits, vegetables, or other agricultural products. Common U-PICK OPERATIONS include apple orchards, pumpkin patches, and berry farms.

   UNLAWFUL. An activity, use, structure, or modification to the land that is conducted, erected, or present on a property in violation of this Ordinance or McHenry County building, stormwater, highway, or health ordinances.

   USE. The purpose or activity for which land or a STRUCTURE is designed, arranged, or intended, or for which it is occupied or maintained.

   USE, CONDITIONAL. See CONDITIONAL USE.

   USE, PERMITTED. A USE permitted in a zoning district without the need for special administrative review and approval, upon satisfaction of the standards and requirements of this Ordinance.

   VACATION RENTAL. A furnished DWELLING UNIT, or portion thereof, that is rented or offered for rent for more than twelve (12) rental periods per calendar year or more than ninety (90) days per calendar year to guests on a nightly, daily, weekly, or any other occupancy period of less than thirty (30) consecutive days regardless of whether or not the DWELLING UNIT is occupied as a full time residence or whether or not the full time resident remains on the premise during the time that the DWELLING UNIT is utilized by guests, but where the operator does not provide guests with any additional services such as breakfast. A VACATION RENTAL serves the purpose of providing the opportunity for tourism or recreation to guests similar to a HOTEL/MOTEL or BED AND BREAKFAST. A VACATION RENTAL does not serve the purpose of allowing guests to establish a permanent or short term residence. (See BOARDING HOUSE.)

   VARIATION. A means of relief from the application of the provisions of this Ordinance that create practical difficulties or particular hardships.

   VARIATION, ADMINISTRATIVE. A VARIATION granted by the Zoning Enforcement Officer when certain conditions are met, as specified in § 16.20.020E.2. (Administrative Variation) of this Ordinance.

   VARIATION, ZONING. A VARIATION granted by the County Board after a public hearing and recommendation by the McHenry County Hearing Officer or Zoning Board of Appeals, as specified in § 16.20.020E.3. (Zoning Variation) of this Ordinance.

   VETERINARY CLINIC. A FACILITY where medical care is given to animals and where animals may be boarded overnight, if required for medical purposes. A small animal veterinarian provides medical care to domesticated companion animals, such as dogs, cats, birds, rabbits, and reptiles. A large animal veterinarian provides medical care to farm and ranch animals and other large non-domesticated animals.

   WALL. A constructed solid barrier of concrete, stone, brick, tile, or similar type of material that closes, marks, or borders a field, yard, or LOT or PARCEL, and that limits visibility and restricts the flow of air and light.

   WAREHOUSE. A FACILITY for the storage and distribution of manufactured products, supplies, and equipment.

   WATERCOURSE. Any natural or artificial stream, river, draw, creek, ditch, channel, canal, conduit, culvert, drain, waterway, swale, gully, ravine, or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, and banks, and shall include any area adjacent thereto, subject to inundation by reasons of overflow or floodwaters.

   WATERSHED. A geographic area that collects, concentrates, and contributes STORMWATER runoff to a given point on a waterway.

   WATERSHED PLAN. A document that describes the water resource assessments, management strategies and restoration and protection actions, and expected outcomes of those actions, for a particular drainage basin or watershed.

   WELL, OIL/GAS/WATER - COMMERCIAL. A boring through the ground for the extraction of a natural resource such as ground water, natural gas, or petroleum for sale, including public water supply.

   WETLAND. Land that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, under normal conditions, a prevalence of vegetation adapted for life in saturated soil conditions (known as hydrophytic vegetation). A WETLAND is identified based upon the three (3) attributes: 1) hydrology, 2) soils, and 3) vegetation as mandated by the current federal WETLAND determination methodology.

   WETLAND, FARMED. A WETLAND that prior to December 23, 1985, was manipulated and used to produce an agricultural commodity, and on December 23, 1985, did not support woody vegetation and met the specified hydrologic criteria based on 7 CFR 12.2 [Title 7; Subtitle A; Part 12; Subpart A].

   WHOLESALE ESTABLISHMENT. A FACILITY primarily engaged in selling and/or distributing merchandise to retailers, industrial, COMMERCIAL, institutional, or professional business users, or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

   WIND ENERGY SYSTEM, BUILDING- MOUNTED. A WIND ENERGY SYSTEM that is anchored to a BUILDING’S structural system.

   WIND ENERGY SYSTEM, FREESTANDING. A WIND ENERGY SYSTEM installed on the ground.

   WIND ENERGY SYSTEM, GRID- CONNECTED. A WIND ENERGY SYSTEM that is connected to an electric circuit served by an electric utility company, regardless of whether the intended use of the system is to generate electricity primarily for on-site use or primarily for sale to an electric utility company.

   WIND ENERGY SYSTEM, HORIZONTAL AXIS. A system in which the main rotor shaft is oriented horizontally. Such systems have the blades attached to the main rotor shaft, and a generator is housed within a nacelle. All of these are situated at the top of the tower.

   WIND ENERGY SYSTEM, NET- METERED. A WIND ENERGY SYSTEM with an approved net-metering agreement with the utility.

   WIND ENERGY SYSTEM, VERTICAL AXIS. A system in which the main rotor shaft is oriented vertically. Such systems operate on two basic aerodynamic principles; either lift (e.g., Darrieus types) or drag (e.g., Savonius types). Certain hybrids are configured to utilize both.

   WINERY/BREWERY/DISTILLERY. A FACILITY for the production of wine, beer, or spirits. If permitted by County liquor licenses, a WINERY/BREWERY/DISTILLERY may include ancillary uses, such as tasting rooms, and retail sale of wines, beers, and spirits produced on-site.

   WINDROW. An elongated pile of solid waste or COMPOSTING material constructed to promote COMPOSTING.

   WOODLANDS. Landscapes with native tree canopy covering more than fifty percent (50%) of the surface area.

   YARD. The area of a lot or parcel between the principal building and the adjoining lot lines.

   YARD, EFFECTIVE REAR. The YARD that extends from the closest point of the rear of the principal building to the rear lot line.

   YARD, EFFECTIVE SIDE. The YARD that extends from the closest point of the side of the principal building to the interior side lot.

   YARD, EFFECTIVE STREET. The YARD that extends from the closest point of the front and corner side building lines of the principal building to the front and corner side lot lines. A yard that abuts an alley is not an effective street yard.

   ZONING AMENDMENT - TEXT (ZONING TEXT AMENDMENT/TEXT AMENDMENT). A change, approved by the County Board, to the text of this Ordinance.

   ZONING AMENDMENT - MAP (ZONING MAP AMENDMENT/MAP AMENDMENT). A change, approved by the County Board, to the boundaries of the zoning districts of the McHenry County Official Zoning Map.

   ZONING APPEAL. An appeals process for the review of decisions of the Zoning Enforcement Officer.

   ZONING INTERPRETATION. A process for a written interpretation of the provisions of this Ordinance.

   ZONING LOT. See LOT, ZONING.

   ZOO. A FACILITY in which animals are confined within enclosures, displayed to the public, and may also be bred and studied. A ZOO may include ancillary uses, such as RESTAURANTS, LABORATORIES, and veterinary offices.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 2.2; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018; Ord. O-201911-ZBA-057, passed 11-19-2019; Ord. O-202201-ZBA-002, passed 1-18-2021; Ord. O-202208-ZBA-031, passed 8-16-2022; Ord. O-202304-12-016, passed 4-18-2023)