For purposes of this title, certain terms are defined as indicated in this section. These definitions and all other provisions of this title are subject to the following rules of interpretation:
A. The present tense includes the past and future tenses and the future tense the present.
B. The singular number includes the plural number and vice versa.
C. The word “shall” is mandatory.
D. The masculine gender includes the feminine and neuter.
E. All measured quantities shall be to the nearest integral unit of measure, and if a fraction is one-half (1/2) or greater, the next highest integral unit shall be used.
F. Any term not herein defined shall be as defined elsewhere in this Code or, if not defined elsewhere in this Code, as defined in Webster’s New World Dictionary of the American Language - Second College Edition.
ACCESSORY BUILDING: See definition of BUILDING, ACCESSORY.
ACCESSORY STRUCTURE: See definition of STRUCTURE, ACCESSORY.
ACCESSORY USE: See definition of USE, ACCESSORY.
ADULT BUSINESS: Those businesses as defined in section 4-3A-1 of this Code.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization. These facilities require approval of a conditional use permit in the respective districts in which they are requested.
ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
AGRICULTURE: The use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, vitaculture, animal and poultry husbandry, and the necessary accessory uses for packing, treating and storing the produce, but not including the commercial feeding of garbage or offal to swine or other animals; provided, that the operation of accessory uses shall be secondary to that of normal agricultural activities.
AIRPORT: Any public or private land area or other facility designed for the landing and take off of aircraft, including all taxiways, hangars, airport buildings and other related structures and open spaces.
ALLEY: A public or private right-of-way not constituting a street used primarily for secondary vehicular access to property abutting on a street.
ALTERATION, STRUCTURAL: See definition of structural alteration.
ANIMAL HOSPITAL: A building or portion thereof designed or used for the care, observation and medical treatment of animals commonly used as household pets.
ANTENNA HEIGHT: The height of an antenna measured from the ground level at the lowest grade level within three feet (3') of any part of the antenna.
APARTMENT HOTEL: See definition of HOTEL, APARTMENT.
ASSEMBLY USES: A building, structure, place or parts thereof for groups of people to gather for an event or regularly scheduled program that is educational, cultural, spiritual, social or recreational in nature. The only exceptions to this definition include: building, tenant space, room or space used for public assembly purposes, as defined herein, with an occupant load of twenty five (25) persons or less and spaces less than seven hundred fifty (750) square feet in floor area.
ASSISTED LIVING RESIDENCES: Residential dwellings, typically with less than one hundred (100) apartment units and many resemble large single-family homes and house thirty (30) to sixty (60) residents, differing from congregate senior housing in one significant way - they include twenty four (24) hour protective oversight and assistance for individuals with functional limitations. Most offer private rooms with kitchenettes and common living and dining areas. Services vary, but often include: assistance with activities of daily living; administration of medicine; first aid and medical care for minor ailments; and round the clock protective oversight.
AUTOMOBILE BODY SHOP: A business establishment where collision service, such as body, frame or fender straightening or repair, painting of more than ten percent (10%) of the surface, or upholstering for motor vehicles, trailers or boats is conducted wholly within one or more enclosed buildings.
AUTOMOBILE LAUNDRY: A permanent commercial facility where motor vehicles are washed by hand, by mechanical devices or both, excluding temporary car washes organized for civic or charitable purposes.
AUTOMOBILE REPAIR SHOP: A premises primarily used for the commercial repair, rebuilding or reconditioning of motor vehicles, boats, trailers, or parts thereof, wholly within enclosed buildings, including repairs that normally require vehicles being repaired to be stored on the premises overnight. Automobile repair shops include transmission shops, muffler shops, brake shops, rustproofing shops, auto glass shops, and the like.
AUTOMOBILE SERVICE STATION: A facility or premises primarily used for retail sale of fuels or oils for automobiles, trucks, or boats and which may include as a secondary activity retail sale of tires, batteries and similar accessories and the making of repairs to vehicles, or parts thereof, that do not normally require storing such vehicles on the premises overnight.
AUTOMOBILE WRECKING YARD: See definition of WRECKING YARD.
AWNING: A rooflike cover projecting on a temporary or noncontinuous basis from the wall of a building.
BED AND BREAKFAST ESTABLISHMENT: A single-family residential structure which contains no more than five (5) rooms for rent for a period not to exceed four (4) consecutive nights per guest, which also serves at least one meal solely to overnight guests in a homelike environment.
BEDROOM: Any private room in a dwelling unit suitable for regular use for sleeping purposes having a closet. Bedrooms include rooms designated on development floor plans as dens, studies or libraries, but exclude living rooms, family rooms, dining rooms, kitchens, bathrooms, laundry rooms and mud rooms. Any room designated as other than a bedroom having a closet, but which in the judgment of the City Administrator would normally be usable for sleeping purposes, shall be considered a bedroom.
BERM: An uncompacted soil raised above the surrounding finished grade with side slopes no steeper than four to one (4:1).
BLOCK: A tract of land, whether legally so described or subdivided, bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways, or corporate boundary lines.
BOARDING HOUSE: See definition of ROOMING HOUSE.
BUILDABLE AREA: The area of the lot remaining after the minimum open space and setback requirements of this title have been complied with (see diagram in chapter 20, “Appendices”, of this title).
BUILDING: Any structure permanently affixed to the land and constructed or used for the shelter, enclosure or protection of persons, animals or property.
BUILDING, ACCESSORY: A building that is an accessory use.
BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls having only windows and normal entrance or exit doors, or by party walls.
BUILDING, DETACHED: A principal building surrounded by open space.
BUILDING FRONTAGE:
The linear length of the front wall of a building, excluding walls that abut loading areas and service drives exclusively.
BUILDING HEIGHT: The vertical distance measured from the mean average ground level at the front building line of a principal or accessory building to the highest point of the underside of the ceiling beams in the case of a flat roof, to the deck line of a mansard roof, or to the mean level of the underside of rafters between the eaves and the ridge of a gable, hip or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections, other than signs, shall not be included in calculating building height.
BUILDING LINE: The line parallel or nearly parallel to a lot line that separates all parts of a building from the open space adjacent thereto on the same lot.
BUILDING PERIMETER LANDSCAPING: An area designated around the building for curbing and landscape improvements.
BUILDING, PRINCIPAL: A nonaccessory building in which is conducted the principal use of the lot on which it is located.
BUILDING, RESIDENTIAL: A building designed for residential occupancy.
BUILDING, TEMPORARY: A building that is established for a period of less than one year and is removed within that time period.
BUSINESS PARK: A special or exclusive type of planned business area designed and equipped to accommodate a community of manufacturing, showroom, warehousing, research or similar industrial uses, together with substantial office development related thereto.
CALIPER: The diameter of a tree trunk six inches (6") above the existing grade or proposed planted grade and in conformance with provisions of the Code of Standards or latest version published by the American Association of Nurserymen, Inc.
CANOPY: A rooflike structure that projects permanently and continuously from the exterior wall of a building or from a freestanding support.
CAR WASH: See definition of AUTOMOBILE LAUNDRY.
CLINIC: A place for the care, diagnosis and treatment of persons needing medical, dental or surgical attention, but where inpatient care is not provided.
CLUB, HEALTH: Any establishment providing physical culture or health services, including health clubs, racquetball or tennis clubs, reducing salons, tanning salons or massage salons.
CLUB OR LODGE, PRIVATE: A nonprofit association of persons who are bonafide members paying dues which owns or leases premises, the use of which is restricted to members and their guests.
CLUSTER: Plant material installed as a group, as within two feet (2') of each other.
CLUSTER DEVELOPMENT: A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and the preservation of environmentally sensitive areas (diagram in chapter 20, “Appendices”, of this title).
COMMERCIAL VEHICLE: See definition of VEHICLE, COMMERCIAL.
COMMON OPEN SPACE: See definition of OPEN SPACE, COMMON.
COMMUNITY RESIDENCE: A group residence consisting of a group home or specialized residential care home serving persons with disabilities that is licensed, certified, or accredited by the appropriate state or federal agencies. Such residence shall serve as a single housekeeping unit for the housing of unrelated people with functional disabilities who share responsibilities, meals, social activities, and other aspects of residential living. COMMUNITY RESIDENCE does not include RESIDENTIAL CARE FACILITY and does not include a residence that serves persons as an alternative to incarceration for a criminal offense.
COMPREHENSIVE PLAN: The composite of the functional and geographic elements of the official plan of the City and environs or any segment thereof, in the form of plans, maps, charts, text of reports, implementing ordinances and including the Official Map.
CONDITIONAL PUBLIC USE: See definition of USE, CONDITIONAL PUBLIC.
CONDITIONAL USE: See definition of USE, CONDITIONAL.
CONDITIONAL USE PERMIT: See definition of PERMIT, CONDITIONAL USE.
CONSERVATION AREA: Environmentally sensitive and valuable lands and other areas of significant biological productivity or uniqueness, protected from any activity that would significantly alter their ecological integrity, balance or character.
CONSERVATION EASEMENT: An easement granting a right or interest in real property that is appropriate to retaining land or water areas predominantly in their natural, scenic, open or wooded condition; retaining such areas as suitable habitat for fish, plants or wildlife, or maintaining existing land uses.
CORNER LOT: See definition of LOT, CORNER.
CORNER SIDE LOT LINE: See definition of LOT LINE, CORNER SIDE.
CORNER SIDE YARD: See definition of YARD, CORNER SIDE.
COURT: Any open space other than a yard bounded on two (2) or more sides by the walls of one or more buildings.
COURT, INNER: A court bounded on more than three (3) sides by the walls of one or more buildings.
COURT, OUTER: A court that is not an inner court.
CREMATORIUM: See definition of MORTUARY.
CURB LEVEL: The height of the established street curb abutting a street line measured at the midpoint of such line. Where no curb has been established, the curb level shall be considered to be the established level of the surface of the street abutting the street line measured along the street centerline opposite the midpoint of the street line. On lots abutting more than one street line, the average of the measurements at the midpoints of all street lines shall determine the curb level.
CURIE: A unit of radioactivity equal to 3.7 multiplied by 10 to the tenth power disintegrations per second.
CURRENT PLAT OF SURVEY: See definition of PLAT OF SURVEY, CURRENT.
DAYCARE CENTER, CHILD: A facility that receives more than eight (8) children during any twenty four (24) hour period for daytime care and that provides personal care, protection, supervision, training and other programs. Child daycare centers exclude:
A. Kindergartens and other programs run by public or private schools or churches.
B. Centers conducted on Federal, State or local government premises.
C. Facilities operated in connection with a shopping center or other facilities where children are cared for while their parents or custodians are in the vicinity and readily available.
D. Special activities conducted periodically by civic, charitable and government organizations.
DECIBEL: A unit of measurement of the intensity or loudness of sound.
DECIDUOUS: Plants which do not retain leaves or needles during the winter season of the year.
DECK: A platform:
A. Open to the sky and attached to the wall of a building with direct access to or from said building; or
B. With a roof or open to the sky, serving as a floor located above grade and not attached to a building.
DENSITY: The number of dwelling units per acre of land.
GROSS DENSITY: The number of units per acre of the total land to be developed.
NET DENSITY: The number of units per acre of land devoted to residential use.
DEVELOPMENT: The construction of a new building or structure having a total floor area in excess of five hundred (500) square feet, other than one single-family dwelling unit; expansion by more than twenty five percent (25%) of an existing structure to which these regulations would apply if the structure were being constructed new; or activity that results in either more than three thousand (3,000) square feet of additional impervious area or more than one acre of hydrologically disturbed area; any of which may not be included within the definition of subdivision, as defined in this section (see also section 12-2-2 of this Code).
DIAMETER BREAST HEIGHT OR DBH: The measurement used to determine the caliper of the tree. It is measured at six inches (6") above the ground.
DOG KENNEL: See definition of KENNEL.
DOG RUN, ENCLOSED: An outdoor area enclosed on all sides by a fence for the exclusive purpose of continuous or occasional confinement of one or more animals commonly kept as household pets.
DOUBLE FRONTAGE LOT: See definition of LOT, DOUBLE FRONTAGE.
DRIP LINE: The perimeter formed by the points furthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.
DRIVE-IN ESTABLISHMENT: An establishment at which patrons may be served without leaving their motor vehicle. Any restaurant, bank, dry cleaning establishment or other business having drive-up or curb service facilities shall be considered a drive-in establishment.
DRIVE-IN RESTAURANT: See definition of RESTAURANT, DRIVE-IN.
DWELLING: A building or portion thereof designed or used as a residence, excluding boarding or lodging houses, nursing homes, motels, hotels, tourist homes, cabins, tents and recreational vehicles.
DWELLING, EFFICIENCY: See definition of EFFICIENCY UNIT.
DWELLING, MULTI-FAMILY: A building consisting of three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A residential building consisting of a single dwelling unit.
DWELLING, SINGLE-FAMILY ATTACHED: A single-family dwelling attached to one or more other single-family dwellings by one or more common vertical walls with each dwelling located on a separate lot.
DWELLING, SINGLE-FAMILY DETACHED: A single-family dwelling separated from other dwelling units by open space.
DWELLING, TOWNHOUSE: A dwelling unit that is attached to one or more other dwelling units on the same lot and that has an individual private ground level entrance to the outside and no portion of which is located above any other unit or portion thereof.
DWELLING, TWO-FAMILY: A building consisting of two (2) dwelling units.
DWELLING UNIT: Space within a building designed or used exclusively as living quarters for one family, its household employees, and not more than two (2) boarders or roomers, and which includes cooking, bathing and toilet facilities.
EASEMENT: A strip of privately owned land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for any other similar use.
EDUCATIONAL INSTITUTION: See definition of INSTITUTIONAL USES.
EFFICIENCY UNIT: A dwelling unit consisting of just one principal room, together with bathroom, kitchen, hallways, closets and/or dining alcove, and which does not include a bedroom, as defined in this section.
ELECTRONIC CIGARETTE/E-CIGARETTE: A battery-operated device designed to resemble a traditional cigarette used to inhale nicotine vapor; a device that aerosolizes nicotine for inhalation but does not burn tobacco.
ENTERTAINMENT, INDOOR: This may include, but is not limited to, the following activities: bands, music, karaoke and other similar activities that are accessory to the principal use on the subject property and any such indoor entertainment proposed shall comply with all applicable City of McHenry rules, ordinances and regulations. This definition does not include, permit, encompass or allow any activity regulated and/or addressed in title 4, chapter 3, “Adult Businesses And Uses”, of this Code. Additionally, it does not include, permit, encompass or allow amusement facilities already regulated in this title and/or this Code, or regulated by another governmental entity including: movie theaters, bowling alleys, pool halls, arcades, performance venues, video gaming and indoor sporting exhibitions where such activities are the principal uses on the subject property and/or regulated by other governmental entities.
ERECT: To build, construct, locate, hang, attach, manually place, suspend or affix, including the initial painting of all signs.
EVERGREEN: Plants that maintain leaves and needles year round.
FACADE: The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
FAMILY: Any number of persons related by blood, adoption or marriage, or up to three (3) persons not so related, living together in one dwelling unit as a single household, together with up to two (2) household employees, but excluding more than two (2) roomers, boarders or permanent paying or nonpaying guests.
FEDERAL AVIATION ADMINISTRATION OR FAA: Responsible for the safety of civil aviation, which also includes regulating structure which may intrude into airspace.
FEDERAL COMMUNICATIONS COMMISSION OR FCC: A Federal administrative agency authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
FENCE HEIGHT: The height of a fence, hedge or wall measured from the ground level at the lowest grade level within three feet (3') of either side thereof.
FENCE, OPEN: A fence, including entrance and exit gates, designed and constructed so that the surface area of any segment of such fence contains at least seventy percent (70%) open spaces and thirty percent (30%) or less solid materials.
FENCE, ORNAMENTAL: An open fence, other than a chainlink fence, that is erected for decorative purposes only and is not intended to be used, either by itself or together with wire or other material, as an enclosure, barrier or means of protection or confinement.
FENCE, SOLID: A fence that is not an open fence.
FINDINGS OF FACT: The written conclusions transmitted by the Planning and Zoning Commission to the City Council after careful consideration and deliberation of all evidence presented by all parties involved, including written and oral testimony of witnesses, and its relative significance to the matter at hand.
FIREPROOF CONTAINER: An enclosure designed to prevent the release of radioactive materials that is made of steel or concrete, or similar materials, but not of lead or other low melting metals or alloys unless completely encased in steel or concrete.
FLOOD FRINGE: That portion of a floodplain that excludes the floodway.
FLOODPLAIN: The land consisting of the floodway and the flood fringe that is subject to inundation by a 100-year flood.
FLOODWAY: That portion of the floodplain, including the channel, that is reasonably required to discharge the bulk of the waters from a 100-year flood.
FLOOR AREA:
A. The sum of the gross horizontal area of space contained on all floors measured in square feet from the exterior faces of the exterior walls of each building, or from the centerline of party walls separating two (2) buildings.
B. Floor area includes space in accessory buildings; all cellar, basement and attic space; and space for stairs, elevators, maintenance areas and equipment areas, except as provided in the definitions herein of floor area, gross and floor area, net. For structures devoted to bulk storage of materials, every ten feet (10') of building height shall be considered as one floor for purposes of calculating floor area.
FLOOR AREA, GROSS: A measure of floor area, as defined in this section, used for purposes of calculating floor area ratio, conversions of existing structures, and maximum size of business establishments. Gross floor area is floor area excluding only:
A. Areas devoted to off street parking or off street loading, including aisles, ramps and maneuvering space.
B. Attic or half-story space having headroom of seven feet (7') or less.
C. Exterior balconies and open porches.
D. Space on the roof used for mechanical equipment.
E. Basements where half or more of the ceiling height is below grade.
FLOOR AREA, NET: A measure of floor area, as defined in this section, used for purposes of calculating off street parking and off street loading requirements. NET FLOOR AREA is floor area excluding only:
A. Areas devoted to off street parking or off street loading, including aisles, ramps and maneuvering space.
B. Areas devoted primarily to storage and not located within selling or working spaces, except for facilities such as warehouses where the principal use is storage.
C. Basement or cellar areas not devoted to retailing activities, offices or production or processing of goods.
D. Elevator shafts and stairwells.
E. Maintenance shafts and rooms.
F. Washrooms.
G. Display windows.
H. Fitting rooms.
For ease in administration, net floor area may also be calculated as eighty five percent (85%) of gross floor area.
FLOOR AREA RATIO: The total floor area, as defined in this section, of all buildings on a lot divided by the area of the lot.
FOOT-CANDLE: A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter or light meter.
FREQUENCY: The number of oscillations per second in a sound wave, a measure of the pitch of the resulting sound.
FRONT LOT LINE: See definition of LOT LINE, FRONT.
FRONT SETBACK: See definition of YARD, FRONT.
FRONT WALL: See definition of WALL, FRONT.
FRONTAGE: The length of any street line.
FRONTAGE, BUILDING: See definition of BUILDING FRONTAGE.
FULL CUTOFF: A light fixture which cuts off all upward transmission of light and emits no luminous flux above the horizontal plane.
FUNERAL HOME: See definition of MORTUARY.
GAME ROOM: Any premises where there are available to the public more than four (4) coin operated amusement devices, excluding vending machines that do not incorporate gaming or amusement features and excluding coin operated musical devices.
GARAGE: A structure or part thereof used or designed to be used primarily for the enclosed parking or storage of motor vehicles, boats or trailers, but excluding exhibition areas, showrooms or other facilities for display of such vehicles in shows or exhibits, or in connection with their being offered for sale, rent or lease.
GARAGE, PUBLIC: Any building or premises, other than a wrecking yard, as defined in this section, where more than one motor vehicle is stored for compensation.
GARAGE, STORAGE: A building or premises used only for the housing of motor vehicles pursuant to previous arrangements and not by transients, and where no equipment or parts are sold and vehicles are not rebuilt, serviced, repaired, hired or sold, except that fuel, grease or oil may be dispensed within the building to vehicles stored therein.
GLARE: The sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance in an observer with a direct line of sight to a light source and often results in visual impairment.
GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of a building, or directly beneath a sign, more than five feet (5') from a street line. For structures closer than five feet (5') to a street line, the grade is the sidewalk elevation at the center of the building. Where there is no sidewalk, the grade shall be established by the City Engineer.
GREEN INFRASTRUCTURE: A strategically planned or 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 LEASABLE AREA (GLA): The total floor area in a commercial building or shopping center that is designed for the occupancy and exclusive use of tenants, measured from outside wall faces and from the centerline of joint partitions. GLA includes sales areas and integral stock areas, but excludes public or common areas such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, lobbies and open and enclosed mall areas.
GROUND FLOOR AREA: The lot area covered by a building measured from the exterior faces of exterior walls, but excluding open porches, patios or terraces, garages or carports.
GROUP HOME: A halfway house or similar nonhospital residential facility housing more than three (3) persons not related by blood, marriage or adoption to the owner who need psychological rehabilitation and who are provided twenty four (24) hour professional supervision while on the premises.
HALF STORY: See definition of STORY, HALF.
HEDGE: Planted vegetation, including trees, shrubs or other natural vegetation, that is planted in close proximity or clustered together and that has a surface area that obstructs the view.
HEIGHT, BUILDING: See definition of BUILDING HEIGHT.
HEIGHT, FENCE: See definition of FENCE HEIGHT.
HOME OCCUPATION: A gainful pursuit conducted by one or more members of a family within their place of residence and that is subject to the provisions herein concerning home occupations.
HOSPITAL: An establishment that provides accommodations, facilities and services over a continuous period of twenty four (24) hours or more for observation, diagnosis and care of two (2) or more individuals not related by blood, marriage or adoption to the operator, who are suffering from illness, injury, deformity or abnormality, or from any condition requiring obstetrical, medical or surgical services.
HOTEL: A building containing lodging rooms, a general kitchen and dining room, a common entrance lobby, halls and stairways; and where each lodging room does not have a doorway opening directly to the outdoors except for emergencies; and where more than fifty percent (50%) of the lodging rooms are for rent to transient guests for a continuous period of less than thirty (30) days.
HOTEL, APARTMENT: An establishment having the character of a hotel but in which at least fifty percent (50%) of the accommodations are for occupancy by guests staying thirty (30) consecutive days or more.
IMPERVIOUS SURFACE: Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land (see diagram in chapter 20, “Appendices”, of this title).
INDEPENDENT LIVING RESIDENCES: Senior dwelling units designed for persons aged fifty five (55) years and older. These properties may or may not offer meal service to residents and typically offer a limited array of supportive care services and/or service coordination.
INDUSTRIAL, HEAVY: A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
INDUSTRIAL, LIGHT: A use engaged in the manufacture, predominantly from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products.
INDUSTRIAL PARK: A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries.
INSTITUTIONAL USES: A building, structure, place or parts thereof housing more than twenty five (25) persons, on a twenty four (24) hour basis, who because of age, mental disability or other reasons, live in a supervised environment that provides personal care services. The only exceptions to this definition include: building, tenant space, room or space used for institutional purposes, as defined herein, with an occupant load of twenty five (25) persons or less and spaces less than seven hundred fifty (750) square feet in floor area.
INTEGRATED DESIGN DISTRICT: A zoning district which provides for relief from rigid zoning and subdivision standards in order to incorporate innovative design techniques which protect and enhance the City’s natural and manmade resources.
INTERIOR LOT: See definition of LOT, INTERIOR.
JUNKYARD: An open area where waste or used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including scrap iron and other metals, paper, rags, rubber tires and bottles. Uses carried on entirely within enclosed buildings and establishments engaged only in the processing of scrap metal to be sold for the manufacture of steel are not considered junkyards.
KENNEL: Any lot or premises on which four (4) or more animals commonly used as household pets that are more than four (4) months of age are bred, groomed, boarded, trained, placed or sold for commercial or humane purposes and which offers provisions for minor medical treatment, including animal shelters.
LANDSCAPING: Any of the following, combination thereof, material such as, but not limited to: grass, ground cover, shrubs, vines, hedges or trees; and nonliving durable material, such as: rocks, pebbles, sand, walls or fences, but excluding pavement.
LANDSCAPING INSTALLATION HEIGHT: The vertical distance measured from the ground level at the lowest grade level within three feet (3') of either side thereof to the tallest point of any landscaping, as defined in this section.
LIGHT STANDARD: The pole upon which a luminaire is mounted.
LIGHT TRESPASS: Light projected or emitted by a lighting installation onto a property from a fixture not located on that property.
LINE, STREET: The dividing line between a lot, tract or parcel of land and the right-of-way of a contiguous existing or dedicated street or planned street included in the Major Street Plan of the City.
LOADING SPACE, OFF STREET: A completely off street space or berth located on the same lot, except as otherwise permitted herein, for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
LODGING ROOM: A room rented as sleeping or living quarters, but without cooking facilities and with or without an individual bathroom. In the case of a suite of rooms, each room shall be counted as one lodging room.
LOT: A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership, or possession, or for building development.
LOT AREA: The area of a lot within its front, rear and side lot lines.
LOT, CORNER: A lot located at the intersection of two (2) or more streets, or a lot located at the point where the alignment of a single street curves or changes; provided, that an interior angle of not more than one hundred thirty five degrees (135°) is created by the right-of-way lines of the abutting street or streets or, in the case of a curving right-of-way, by straight lines projected tangent to the curve from the points of intersection between the curve and the lot lines.
LOT DEPTH: The mean average of the lengths of the side lot lines on either side of a lot.
LOT, DOUBLE FRONTAGE: A through lot abutting only two (2) streets.
LOT, FLAG: Lots or parcels that the City has approved with less frontage on a public street than is normally required (see diagram in chapter 20, “Appendices”, of this title).
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE: A property boundary line of any lot, except that where any portion of a lot extends into an abutting street or alley, the lot line shall be deemed to be established at the existing street or alley right- of-way line.
LOT LINE, CORNER SIDE: Any street line that is not a front lot line.
LOT LINE, FRONT:
A. The only street line bordering a lot; or
B. Otherwise, if the lot is a through lot, every street line; or
C. Otherwise, if the lot is a corner lot:
1. The shortest street line.
2. Otherwise, if more than one street line is the shortest:
a. The lot line designated as the front lot line on a plat of dedication or plat of subdivision.
b. Otherwise, the lot line designated as the front lot line by the City Council.
LOT LINE, INTERIOR SIDE: Any side lot line that is not a corner side lot line.
LOT LINE, REAR: That lot line which is most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet (10') in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE: Any lot line that is not a front or rear lot line.
LOT OF RECORD: A lot that is part of a subdivision, the plat of which was recorded in the Office of the County Recorder of Deeds, or a parcel of land the deed to which was recorded in the Office of said Recorder, prior to the adoption of this title.
LOT, REVERSED CORNER: A corner lot that is a reversed frontage lot.
LOT, REVERSED FRONTAGE: A lot with a front lot line at right angles or approximately right angles to the general pattern of front lot lines in the block.
LOT, THROUGH: An interior lot with frontage on more than one street.
LOT WIDTH: The width of a lot at the setback line established by the applicable required front yard requirement of this title.
LUMINAIRE: The complete lighting unit, including the lamp, the fixture, and other parts.
MARINA: A facility for storing, servicing, fueling, berthing and securing and launching of watercraft that may include the sale of fuel and incidental supplies for the boat owners, crews and guests.
MARQUEE: See definition of CANOPY.
MECHANICAL EQUIPMENT: All piping, ducts, vents, control devices and other components of systems which are permanently installed and integrated to provide control of environmental conditions for buildings.
MEDICAL CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis in accordance with the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the State of Illinois effective January 1, 2014, as may be amended from time to time.
MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients in accordance with the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the State of Illinois effective January 1, 2014, as may be amended from time to time.
MENTAL HEALTH CENTER: Any institution providing inpatient or outpatient care or therapy for the mentally ill, developmentally disabled, alcoholics, abusers of controlled substances or others needing psychological therapy, but which does not serve as a residence for such individuals.
MINI-WAREHOUSE: A building or group of buildings in a controlled access area that contain varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of customer’s nonhazardous goods or wares.
MINOR VARIANCE: See definition of VARIANCE, MINOR.
MOBILE HOME: A detached single-family dwelling unit designed and used exclusively for residential occupancy with plumbing and electrical connections for attachment to outside systems, but designed to be transported after fabrication on its own wheels or on flatbed trailers and to be ready for occupancy at its site, except for minor and incidental unpacking, assembly and connection operations.
MOBILE HOME PARK: Any lot or tract of land other than a mobile home subdivision or mobile home sales or storage lot upon which three (3) or more mobile homes used for habitation are located.
MOBILE HOME SUBDIVISION: A subdivision designed and intended for residential use exclusively by mobile homes on permanent foundations with wheels, tongue, lug bolts and hitch permanently removed and wherein each lot occupied by a mobile home is owned by the owner of the mobile home situated thereupon.
MORTUARY: An undertaking establishment or funeral parlor which may include a single residence as an accessory use.
MOTEL: A building containing lodging rooms each of which has an individual adjoining bathroom that is designed primarily for transient automobile travelers with a parking space on the lot for each lodging unit and where more than fifty percent (50%) of the lodging rooms are for rent for a continuous period of less than thirty (30) days.
MOTOR FREIGHT TERMINAL: A building or premises, the principal use of which is the receipt of freight for forwarding or trans-shipment or the dispatching of freight by motor vehicle.
MOTOR VEHICLE: Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.
MOUNTING HEIGHT: The vertical distance between the lowest part of the luminaire and the ground surface directly below the luminaire.
MULTI-FAMILY DWELLING: See definition of DWELLING, MULTI-FAMILY.
NET FLOOR AREA: See definition of FLOOR AREA, NET.
NET LOT AREA: See definition of LOT AREA.
NIGHTCLUB: An establishment serving food and/or liquor and providing music and space for dancing by patrons only. A nightclub shall not include an adult business, as defined in this section.
NONCONFORMING USES: Any activity or function carried out on a premises (as either a principal or accessory use) that is not allowed by the permitted and conditional uses of the zoning district in which the premises is situated, irrespective of the use for which the premises was designed.
NONCONFORMITY: Any characteristic of a use, building, structure or lot that was lawful prior to the effective date of this title or of any amendment thereto, but which does not conform to all of the requirements of the zoning district in which the property is situated.
NONCONFORMITY STANDARDS: Any nonconformity other than a nonconforming use, including nonconformities involving:
A. Yards;
B. Building height;
C. Lot area;
D. Lot width;
E. Floor area ratio;
F. Off street parking and loading;
G. Signs; or
H. Landscaping and screening.
NURSING HOME: An establishment providing full time convalescent or chronic care or both for three (3) or more individuals not related by blood, adoption or marriage to the operator and which does not provide care for surgical or medical cases commonly treated in hospitals.
OBSTRUCTION: Any building, structure or object, or part thereof, located in the way of any yard or open space required by this title, excluding trees and shrubs.
OCTAVE BAND: All the frequencies between a given frequency and double that frequency.
OCTAVE BAND FILTER: An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound-level meter to take measurements in specific octave intervals.
ODOR THRESHOLD VALUE: The minimum concentration of odorous material in air that can be detected by the normal human nose as determined by the American Society for Testing and Materials Method D1391-57, Standard Method for Measurement of Odor in Atmospheres (Dilution Method), or its equivalent.
OFF STREET LOADING SPACE: See definition of LOADING SPACE, OFF STREET.
OFF STREET PARKING SPACE: See definition of PARKING SPACE, OFF STREET.
OPEN FENCE: See definition of FENCE, OPEN.
OPEN SALES LOT: Open land that is used or occupied for the purpose of buying and selling merchandise, passenger cars, trucks, motor scooters, motorcycles, boats, nursery plants or supplies, or monuments, or for the storing of same prior to sale thereupon, and that is provided with a permanent, durable, and dustless surface and is drained to dispose of all surface water.
OPEN SPACE: Uncovered area open to the sky on the same lot with a building.
OPEN SPACE, COMMON: Net site area in a Planned Unit Development that is not covered by buildings or pavement that is permanently set aside for the common use and enjoyment of the residents or businesses within a development or for the community at large and the preservation and perpetual maintenance of which is assured by dedication to the City or other satisfactory legal arrangement. COMMON OPEN SPACE may include parks, playgrounds, and totlots; parkway medians; landscaped green space; natural lakes, ponds, and streams; and seventy five percent (75%) of dry and fifty percent (50%) of wet stormwater retention or detention basins. COMMON OPEN SPACE shall not include street rights-of-way or off street parking or loading areas.
ORNAMENTAL: Plants that add aesthetically to the site.
ORNAMENTAL FENCE: See definition of FENCE, ORNAMENTAL.
OUTDOOR LIGHTING: Any artificial open-air lighting device, fixture, lamp or other similar device, permanently installed or portable, which is intended to provide illumination for either visibility or decorative effects.
PARAPET: That portion of a wall that extends above the roof.
PARKING SPACE DEPTH: The longer of the two (2) dimensions of a rectangular parking space. In the case of a space that is not rectangular, the depth shall be the length of the largest imaginary rectangle that can fit within the space.
PARKING SPACE, OFF STREET: An area outside of any public street or alley right-of-way that is adequate for parking an automobile with room for opening doors on both sides, together with maneuvering room and properly related access to a public street or alley.
PARTICULATE MATTER: Material, other than steam or water vapor, suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.
PARTY WALL: A wall starting from the foundation and extending continuously through all stories to or above the roof that separates one building from another and that is in joint use by each building.
PATIO: An unenclosed, hard surfaced area at the finished grade and located directly adjacent or attached to a building.
PERFORMANCE STANDARD: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, glare, heat, or other effects generated by or inherent in uses of land or buildings.
PERMEABLE SURFACE: Any material that allows the infiltration of stormwater into previously undeveloped land.
PERMIT, CONDITIONAL USE: A permit required for the use of land, water or building as a conditional use received only after approval by the City Council of an application for a conditional use.
PERMITTED PUBLIC USE: See definition of USE, PERMITTED PUBLIC.
PERMITTED USE: See definition of USE, PERMITTED.
PHILANTHROPIC AND CHARITABLE INSTITUTION: See definition of INSTITUTIONAL USES.
PHOTOMETRIC GRID: An outdoor lighting plan depicting illumination levels from all exterior light sources on a site.
PLANNED UNIT DEVELOPMENT: A distinct category of conditional use permit intended to allow flexibility in the application of the standards of this title. Planned Unit Developments are intended for significant development proposals that provide amenities to the community which are not required from conventional development applications.
PLAT OF SURVEY, CURRENT: A plat prepared by a licensed surveyor containing the legal description of the premises thereon and showing:
A. The boundary lines of the property.
B. The locations of all improvements and monuments thereupon.
C. All encroachments.
D. The boundaries of all existing streets, easements, rights-of-way, and areas dedicated to public use within two hundred feet (200') of the property as all of the foregoing exist as of the date of filing.
PORCH: A platform having a roof that is attached to the wall of a building with direct access to or from said building, but is not enclosed with windows or screens.
PREMISES: Any improved or unimproved property.
PRINCIPAL BUILDING: See definition of BUILDING, PRINCIPAL.
PRINCIPAL USE: See definition of USE, PRINCIPAL.
RADIATION HAZARDS: The harmful effects of all radiation capable of producing ions in their passage through matter, including electromagnetic radiation such as X-rays and gamma rays and particulate radiation such as electrons or beta particles, protons, neutrons and alpha particles.
REAR LOT LINE: See definition of LOT LINE, REAR.
REAR YARD: See definition of YARD, REAR.
RECREATIONAL INSTITUTION: See definition of INSTITUTIONAL USES.
RECREATIONAL VEHICLE: Any vehicle or boat designed or used primarily for recreational purposes and not used as a commercial vehicle, including, but not limited to, the following: boats/watercraft, motorized or nonmotorized, camper trailer, all-terrain vehicles (ATVs), motorized trailer, off-road vehicle, racing car or cycle, recreational vehicle trailer, truck camper or snowmobile.
REFUSE: All waste products resulting from human activity except sewage.
RELIGIOUS INSTITUTION: See definition of INSTITUTIONAL USES.
REM: A quantity of ionizing radiation that, when imparted to a biological system, has the same effect as an absorbed dose of one roentgen of X-rays per gram of living matter.
RESEARCH LABORATORY: A building or buildings housing facilities for scientific research, investigation, testing or experimentation, but not primarily housing facilities for the manufacture, sale or storage of products.
RESIDENTIAL BUILDING: See definition of BUILDING, RESIDENTIAL.
RESIDENTIAL CARE FACILITY: A group care facility licensed for 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 includes assisted living facilities, nursing homes, hospice, continuum of care facilities, memory care and independent living. A RESIDENTIAL CARE FACILITY does not include COMMUNITY RESIDENCE.
REST HOME: See definition of NURSING HOME.
RESTAURANT, DRIVE-IN: A restaurant that is a drive-in establishment, as defined in this section.
REVERSED CORNER LOT: See definition of LOT, REVERSED CORNER.
REVERSED FRONTAGE LOT: See definition of LOT, REVERSED FRONTAGE.
RIGHT-OF-WAY: A strip of land used for passage of motor vehicles, railroads or pedestrians, or for the location of utility or communications lines. An access easement shall not be considered a right-of- way.
RIGHT-OF-WAY, PUBLIC: A right-of-way, as defined in this section, dedicated to or owned by a public body and available for use by the general public. In the case of public streets, the right-of-way normally includes the curbs, lawn strips, and lighting and drainage facilities.
RINGELMANN CHART: A chart described in the U.S. Bureau of Mines Circular 6888 or its successor upon which are illustrated graduated shades of grey for use in estimating the light obscuring capacity of smoke or its equivalent.
RINGELMANN NUMBER: The number of the area of the Ringelmann Chart that coincides most nearly with the light obscuring capacity of the emission or smoke observed.
ROOMING HOUSE: A building or part thereof that is not a hotel or motel and that provides lodging rooms for compensation to three (3) or more persons who are not members of the keeper’s family.
SCREENING: A structure erected or vegetation planted to wholly or partially conceal the area behind it.
SELL: To solicit or receive an order for, to keep or expose for sale and to keep with intent to sell.
SETBACK: See definitions of YARD.
SETBACK, FRONT: See definition of YARD, FRONT.
SHOPPING CENTER: A group of three (3) or more retail or service commercial uses characterized by any one or more of the following:
A. Uses are designed as a single commercial group, whether or not located on the same lot.
B. Contiguous uses occupy premises that are under common ownership or management.
C. Uses are connected by party walls, partitions, canopies or other structural members to form one continuous structure.
D. Uses are located in separate buildings but are interconnected by walkways or accessways designed to facilitate customer interchange between the uses.
E. Uses share a common parking area.
F. Uses otherwise present the appearance of a single continuous commercial development.
SIDE LOT LINE: See definition of LOT LINE, SIDE.
SIDE YARD: See definition of yard, side.
SINGLE-FAMILY ATTACHED DWELLING: See definition of DWELLING, SINGLE-FAMILY ATTACHED.
SINGLE-FAMILY DETACHED DWELLING: See definition of DWELLING, SINGLE-FAMILY DETACHED.
SINGLE-FAMILY DWELLING: See definition of DWELLING, SINGLE-FAMILY.
SITE AREA, NET: The acreage of land excluding the rights-of-way of streets within and bordering a development.
SMOKE UNITS, NUMBER OF: The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading is made at least once every minute during the period of observation, each reading is multiplied by the time in minutes during which the emission is observed, and the various products are summed to give the total number of smoke units during the period of observation.
SOLID FENCE: See definition of FENCE, SOLID.
SOUND LEVEL METER: An instrument standardized by the American Standards Association for measurement of the intensity of sound.
SPACE, NONVEHICULAR: That portion of the uncovered space on a site that is not normally used for the circulation or parking of motor vehicles and that has been improved for aesthetic appeal and to serve as pedestrian and recreation areas.
SPACE, RECREATION: That portion of the nonvehicular space on a site that is suitable for common recreational use by virtue of it being at least five thousand (5,000) square feet in area (except where total recreation space required is less), it having no dimension less than fifty feet (50'), and it being improved with facilities for recreational pursuits.
SPACE, UNCOVERED: That portion of the total horizontal net site area that is not covered by buildings, including one-half (1/2) of covered spaces that are no less than fifty percent (50%) open, such as carports or park shelters.
STORY: That portion of a building included between the top surface of any floor and the top surface of the floor next above, or, if there is no floor above, the ceiling next above.
STORY, HALF: A space under a sloping roof where the line of intersection of roof decking and wall is not more than three feet (3') above the top floor level and in which space not more than sixty percent (60%) of the floor area is completed for principal or accessory use.
STREET: A public or private right-of-way, as defined herein, that affords a primary means of motor vehicle access to abutting property and/or provides for the movement of traffic.
STREET LINE: See definition of LINE, STREET.
STRUCTURAL ALTERATION: Any change, other than incidental repairs, in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders, or any substantial change in the roof or exterior walls.
STRUCTURE: Anything erected the use of which requires more or less permanent location on the ground or attachment to something having such a location. An outdoor advertising sign or business sign or other advertising device, if detached or projecting, shall be considered a separate structure. Structures shall also include buildings, mobile homes, walls, and fences.
STRUCTURE, ACCESSORY: A structure that is an accessory use.
STRUCTURE, TEMPORARY: A structure that is established for a period of less than one year and is removed within that period.
STUDIO APARTMENT: See definition of EFFICIENCY UNIT.
SUBDIVISION: Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, condominiums, tracts or more lots, parcels, sites, units, plots, condominiums, tracts or interests for the purpose of offer, sale, lease or development, whether immediate or future, either on the installment plan or upon any and all other plans, terms and conditions. Subdivision includes the division or development of Residential or Nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument. SUBDIVISION includes resubdivision and condominium creation or conversion. SUBDIVISION includes any division of land that attempts to avoid the requirements of these regulations (also see the Subdivision Control and Development Ordinance).
TEMPORARY BUILDING: See definition of BUILDING, TEMPORARY.
TEMPORARY LIGHTING: Lighting installed with temporary wiring and operated for not more than ninety (90) days in any calendar year at any one consecutive time interval.
TEMPORARY STRUCTURE: See definition of STRUCTURE, TEMPORARY.
TEMPORARY USE: See definition of USE, TEMPORARY.
THROUGH LOT: See definition of LOT, THROUGH.
TOWNHOUSE: See definition of DWELLING, TOWNHOUSE.
TOXIC MATERIAL: Any liquid, solid, or gaseous substance which if discharged into the environment could, alone or with other substances likely to be present in the environment, cause or threaten to cause bodily injury, illness or death to members of the general public through ingestion, inhalation or absorption through any body surface. Substances that are corrosives, irritants, strong sensitizers, or radioactive substances shall be considered toxic substances.
TRAILER: A portable structure supported by one or more wheels without its own motive power which is towed or hauled and designed or used for carrying or transporting motorcycles, recreational vehicles, as defined herein, or other cargo, and that is eligible to be licensed or registered and insured for highway use. This definition does not include flatbed trucks, dump trucks or stake-bed trucks.
TRAILER PARK: Any site or tract of land under single ownership or control other than a construction site, trailer service or repair facility, trailer manufacturing plant, trailer sales or storage lot, or wrecking yard on which three (3) or more trailers or recreational vehicles are located in the open.
TURF: Lawns, sod and grass areas designed to be maintained by regular watering, mowing and raking.
TWO-FAMILY DWELLING: See definition of DWELLING, TWO-FAMILY.
UNCOVERED SPACE: See definition of SPACE, UNCOVERED.
UNIT: See definition of DWELLING UNIT.
UNIT GROUPING: A single detached building consisting of multiple-dwelling units.
USE: The purpose or activity for which land or structures thereon are designed, arranged or intended, or for which they are occupied or maintained.
USE, ACCESSORY: A subordinate land use located on the same lot or parcel as a principal use (except for such off street parking or off street loading facilities as may be permitted to be located on a separate lot) and serving a purpose customarily incidental to that of the principal use.
USE, CONDITIONAL: A special use as provided by State Statute that because of its special character cannot be allowable generally in a particular zoning district but which may be allowed under special conditions and which is therefor subject to the prior approval of a conditional use permit.
USE, CONDITIONAL PUBLIC:
A. The use of property other than as permitted public uses, as defined herein, by a public utility, railroad or governmental body for the provision of public utilities or services, including sewerage, water supply, electricity, gas, public safety, government administration, transportation, and communications.
B. Conditional public uses shall include power plants or substations; water or sewage treatment plants, reservoirs or pumping stations; railroad and utility buildings; police and fire stations, and public transportation facilities, garages, terminals, all other public uses determined by the Zoning Administrator to be similar to other conditional uses within the underlying zoning district.
USE, PERMITTED: A use allowable generally within a zoning district without a conditional use permit.
USE, PRINCIPAL: The main use of a parcel as distinct from an accessory use.
USE, TEMPORARY: A principal or accessory use that is established for a period of less than one year and is discontinued within that time period.
USES, PERMITTED PUBLIC: Poles, towers, tunnels, conduits, wires, cables, vaults, laterals, pipes, drains, mains, valves, hydrants, and similar distribution equipment for public services or utilities; fire alarms and police call boxes; traffic signals; and pay telephones; all other uses determined by the Zoning Administrator to be similar to other permitted uses within the underlying zoning district.
VAPE STORE: Retail establishment which specializes (25 percent or more of its shelf space inventory) in the sale of electronic and/or e-cigarette items, products and/or paraphernalia.
VAPING: Inhaling vapor which is produced by either a vaporizer or electronic cigarette.
VAPING PRODUCT: Any item and/or paraphernalia used for vaping and/or utilized for electronic and/or e-cigarettes.
VARIANCE: A modification of the provisions of this title in accordance with the provisions herein concerning variances in cases where strict enforcement would cause undue hardship as a result of special circumstances affecting an individual property that do not generally affect other properties in the same zoning district. This modification may relate to the use of the land.
VARIANCE, MINOR: A variance granted to the fee owner, contract purchaser or option holder of a single-family detached or attached dwelling or single-family detached or attached building lot for that dwelling or lot.
VEHICLE, COMMERCIAL: A motorized vehicle other than a passenger car, passenger van or recreational vehicle, as defined herein, used by a household for noncommercial personal or family transportation, van pooling or ride sharing.
VISION CLEARANCE TRIANGLE: A triangular area located at the at-grade intersection of streets, railroads, driveways, or any combination thereof, formed by the right-of-way lines (or the edge of the driveway or aisle in the case of a driveway) between their intersection and points thirty feet (30') from their intersection along each line (or 10 feet in the case of a driveway), and by a straight line connecting these two (2) points.
WCF ABANDONMENT: The nonuse or complete neglect of a WCF or the site upon which it is located. This excludes if the tower is temporarily not used due to loss of tenant or sale of property. Temporary nonuse is limited to a ninety (90) day period before the WCF is considered abandoned.
WCF HEIGHT: The height of all proposed WCF improvements on a site shall be determined by measuring from the bottom of the WCF to the tallest point, including all antennas.
WCF OR WIRELESS COMMUNICATION FACILITY: A wireless communication facility or WCF is defined as any antenna, pole, tower, cable, pedestal, boxes, equipment, devices and appurtenances which are required to make the WCF fully operational (see examples located in section 11-6-15 of this title).
WALL, FRONT: The wall of a building nearest the front lot line that is parallel to or most nearly parallel to said line.
WRECKING YARD: Any premises where there are stored in the open two (2) or more motor vehicles, including automobiles, trucks, and construction and farm implements, or trailers, boats or mobile homes, which are not in usable condition and have not been restored to usable condition within thirty (30) days of their arrival, or where parts thereof are stored in the open.
YARD, CORNER SIDE: A yard extending between a corner side lot line and a line drawn parallel thereto at a distance therefrom equal to that established by the required corner side yard requirements of this title and also extending the full depth of the lot but excluding any area included in a required front yard.
YARD, FRONT: A yard extending the full width of a lot between the front lot line, as defined herein, and a line drawn parallel thereto at a distance therefrom equal to that established by the required front yard requirements of this title.
YARD, INTERIOR SIDE: A yard extending between an interior side lot line and a line drawn parallel thereto at a distance therefrom equal to that established by the required interior side yard requirements of this title and also extending the full depth of the lot but excluding any area included in a front or rear yard.
YARD, REAR: A yard extending the full width of a lot between the rear lot line and a line drawn parallel thereto at a distance therefrom equal to that established by the required rear yard requirements of this title but excluding any area included in a corner side yard.
ZERO LOT LINE: The location of a building on a lot in such a manner that one or more of the building’s sides rests directly on a lot line (see diagram in chapter 20, “Appendices”, of this title).
(Ord. 86-382, 12-22-1986; amd. Ord. 90-516; Ord. 94-614; Ord. 98-703; Ord. 04-847; Ord. 06-884; Ord. 06-903; Ord. 07-947; Ord. 08-960; Ord. 10-1021; Ord. 12-1058; Ord. 12-1059; Ord. 14-1094; Ord. 14-1683; Ord. 15-1113; Ord. 19-1206, 10-7-2019; Ord. 19-1209, 10-7-2019; 2019 Code; Ord. 20-20, 5-4- 2020; Ord. 22-26, 4-5-2022; Ord. 22-47, 8-15-2022; Ord. 23-8, 2-6-2023)