SECTION 15.201. RULES AND DEFINITIONS.

   A.   The language set forth in the text of this Chapter shall be interpreted in accordance with the following rules of construction:

      1.   The singular number includes the plural number, and the plural the singular.

      2.   The word “shall” is mandatory; the word “may” is permissive.

      3.   The masculine gender includes the feminine and neuter.

   B.   Whenever in this chapter the following words and phrases have been used, they shall, for the purposes of this Chapter, have the meanings respectively ascribed to them in this Section, except when the context otherwise indicates.

   ABANDONMENT.  The voluntary discontinuance of a nonconforming use or occupancy of a nonconforming structure, when accompanied by an intent not to reestablish such use or occupancy.  Any one of the following shall constitute prima facie evidence of an intent to abandon:

      1.   Any positive act indicating such intent;

      2.   Any conscious failure to take necessary measures to resume the nonconforming use or occupancy with reasonable dispatch in circumstances, including advertising property for sale or  lease;

      3.   In the case of a nonconforming structure or a combination nonconforming structure and land, discontinuance of the occupancy or nonconforming use for twelve (12) consecutive months;

      4.   In the case of nonconforming land only, discontinuance of the occupancy or nonconforming use for ninety (90) consecutive days, or for a total of six (6) months during any one (1) year period; or

      5.   In the case of a nonconforming structure which is damaged by means out of the control of the owner to an extent of less than fifty percent (50%) of the estimated cost of reconstruction of the entire structure new, failure to commence restoration within six (6) months from the date of partial destruction, or failure to conclude restoration within two (2) years from the time restoration construction is initiated.

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

   ACCESSORY BUILDINGS or ACCESSORY STRUCTURE.  A subordinate detached building or structure located on the same lot as a principal building, the use of which subordinate building or structure is incidental to that of the principal building or to the principal use of the lot.

   ACCESSORY USE.  A use which is ancillary or customarily incidental to the principal use of or upon the lot and so necessary, or commonly to be expected, that it cannot be supposed that this Chapter intended to prevent it.

   ACTIVE RECREATION.  Exclusive of pedestrian, equestrian and bicyclist use of the Mettawa Trail, recreation characterized by the participation in sports programs, usually involving high vehicle trip generation or having the potential for greater nuisance to adjacent properties due to light, noise, glare and/or odor.

   ADEQUATE DOWNSTREAM STORMWATER CAPACITY.  A stormwater management facility shall be considered to have adequate downstream stormwater capacity if the facility can be shown to accommodate up to and including the 100-year stormwater runoff without increasing property damage to the adjacent property or to a point downstream known to the Director of Building and Zoning to be a restriction causing significant back water.

   ADDITION.  Any change that increases the floor area of the building or structure.

   ADJACENT.  Touching, lying immediately next to, abutting and/or sharing a common wall or lot line.

   ADULT BOOK or ADULT VIDEO STORE.  An establishment having as a substantial or significant portion of its sales and/or stock in trade, books, magazines, films and/or videos for sale or viewing on the premises by use of motion picture devices or any coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on material depicting, describing or relating to “specified anatomical areas” or “specified sexual activities,” or an establishment with a segment or section devoted to the sale or display of such material, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, the exclusion of minors from the establishment's premises, or any other factors showing that the establishment's primary purpose is to purvey such material.

   ADULT ENTERTAINMENT CABARET.  A public or private establishment which, live or on motion pictures, features:

      1.   Topless dancers, strippers, and/or male or female impersonators;

      2.   Entertainers who not infrequently display “specified anatomical areas;” or

      3.   Entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or entertainers who engage in, or engage in explicit simulation of, “specified sexual activities.”

   ADULT MINI MOTION PICTURE AND/OR VIDEO THEATER.  An enclosed building or an area within a building, having a capacity for less than fifty (50) persons, and used for presenting motion picture films, video cassettes, cable television, and/or any other such visual media; all of such materials so presented distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

   ADULT MOTION PICTURE THEATER. An enclosed building, or an area within a building, having a capacity of fifty (50) or more persons, and used regularly and routinely for presenting motion picture films, video cassettes, cable television, and/or any other such visual media all of such materials so presented having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified anatomical areas” or “specified sexual activities” for observation by patrons therein.

   AGRICULTURAL USES.  All the processes of planting, growing, cultivating, harvesting of crops in the open for the production of food, fiber, nursery stock and forest products; flower gardens, apiaries, aviaries, nurseries, orchards, forestry, non-commercial greenhouses, silviculture; horse and horse ranching activities; maintaining agricultural drain tiles, irrigation and drainage ditches; and maintaining farm roads and other access areas for farm vehicles and equipment - excluding the raising and feeding of livestock and poultry, dairy farming, agricultural buildings and structures other than stables and loafing sheds, truck gardens and retail and/or roadside sales.

   ALLEY.  A public way, not more than thirty (30) feet wide, which affords only a secondary means of access to abutting property.

   ALLOWABLE USE.  A use allowable in a given zoning district under the terms of this Chapter as either a permitted use or special use.

   ALTERATION, STRUCTURAL.  Any change (other than incidental repairs) or replacement of the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

   AMENDMENT.  A modification of the text or zoning map contained in this Chapter.

   ANTENNA. Other than a satellite dish of less than forty (40) inches at its widest point, any structure or device, including directional antenna (such as panels), microwave dish, satellite dish, and omni-directional antenna such as a whip antenna, designed for the purpose of collecting or transmitting electromagnetic waves for telephonic, radio, data, Internet or other communications, including appurtenant equipment attached to a tower or building for the purpose of providing personal wireless services, including, for example: "cellular," "paging," "low power mobile radio," and "personal communications services" telecommunications services, and their attendant base stations.

   ANTENNA HEIGHT.  The vertical distance measured from the base of the antenna support structure at grade to the highest point of the antenna support structure, even if said highest point is an antenna.  Measurement of tower height shall include antennas, base pad, and other appurtenances and shall be measured from the grade of the site.  If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the ANTENNA HEIGHT.

   ANTENNA SUPPORT STRUCTURE.  Any building, pole, mast, tower, tripod, or other structure which supports or is a component part of the overall structure supporting an antenna.

   APPEAL.  A prayer for relief from any decision or ruling of the Zoning Administrator made in interpreting, applying and/or enforcing the regulations contained in this Chapter.

   APPLICANT or PETITIONER.  Any person, firm, or governmental agency who owns property or the duly appointed representative and wishes to develop that property and one who executed the necessary forms to procure a permit to carry out such development from the SMC or the Village of Mettawa and/or any person who files an application for zoning amendment, special use, special exception, variation, subdivision approval, or appeal.

   APPLICATION or PETITION.  A formal request made to the Zoning, Planning and Appeals Commission in writing upon a form provided by the Village Clerk, seeking an appeal, amendment, special use permit, subdivision approval, and/or variation.

   APPROPRIATE USE.  Only uses of the regulatory floodway that are permissible and will be considered for permit issuance.  The only uses that will be allowed are as specified in Section 15.1804C3.

   AREA.  A separate unit of a building shown upon the plans for such building as being capable of meeting the safety precautions contained in Article IV of this Chapter so that an occupancy certificate can be issued.

   ARENA or ARENA BUILDING. Authorized by a special use permit and accessory to a large stable for horses, a large horse barn (which may include an indoor ring or riding area and servants quarters) not exceeding thirty thousand (30,000) square feet in floor area for the sole use of the residents of the lot or planned unit development upon which it is located and their guests.

   AS-BUILT DRAWINGS.  See RECORD DRAWINGS.

   ASSEMBLY SPACE. Located within a place of public assembly and not including non-assembly space as herein defined, an area within any structure or out of doors where it is expected public assemblies will take place on a recurring basis whether for the same or different purposes.

   ATTIC.  The portion of the height and area of a building between the eave and the ridge lines of a sloping roof which has a ceiling height of seven (7) feet or more over a floor area which is more than one-third (1/3) of the floor area of the next lower and adjacent story but less than one-half (½) of the floor area of the said next lower and adjacent story.

   ATRIUM.  An interior space, two (2) or more stories in height.

   AUDITORIUM.  A room, hall or building made a part of a church, temple, theater, school, recreation building or other building assigned to the gathering of people as an audience to hear lectures, plays, and other presentations.

   AUTOMATIC TELLER MACHINE.  An automated device that performs banking or financial functions.

   AVERAGE.  The result obtained by dividing the sum of two (2) or more quantities by the number of such quantities.

   AWNING.  A temporary shelter supported entirely from the exterior wall of a building, which shelter is composed of non-rigid materials, and which is either stationary or able to be retracted, folded, or collapsed against the face of the supporting building.

   BALCONY.  A platform projecting from the wall of a building supported by pillars, brackets or consoles or cantilevers from the main part of the building and enclosed by a rail or coping.

   BANKS AND FINANCIAL INSTITUTIONS.  Commercial banks, currency exchanges, savings and loan associations, brokerage offices and other similar financial institutions, but not including loan offices, finance companies and pawn shops.

   BARBER SHOP.  A place in a building within which barbering is practiced by barbers licensed by the State of Illinois.

   BASE FLOOD.  The flood having a one-percent probability of being equaled or exceeded in any given year.  The BASE FLOOD is also known as the 100-year frequency flood event.  Application of the BASE FLOOD evaluation at any location is as defined in Article XVIII of this Chapter.

   BASE FLOOD ELEVATION (BFE).  The elevation delineating the level of flooding resulting from the 100-year flood frequency elevation.

   BASEMENT. A story of a building that is partly below and partly above grade, having at least one- half (1/2) of its height above grade.

   BASIN.  Sub-watershed areas within Lake County that include the Fox River mainstem (including the Chain O'Lakes), Flint Creek, Tower Lake Drain, Slocum Drain, Mutton Creek, Squaw Creek, Fish Lake Drain, Sequoit Creek, the Des Plaines River mainstem, South Mill Creek, North Mill Creek, Newport Drainage Ditch, Bull Creek, Indian Creek, Aptakisic Creek, Buffalo Creek, Skokie River, Middle Fork-North Branch Chicago River, West Fork-North Branch Chicago River, Kellogg Creek, Dead River, Waukegan River, Pettibone Creek, and Lake Michigan Bluff/Ravines.

   BASIN PLAN.  A study and evaluation of an individual drainage basin's stormwater management and flood control needs.

   BEAUTY PARLOR.  A place in a building within which cosmetology and/or nail technology is practiced by licensed cosmetologists and/or licensed nail technicians licensed by the State of Illinois.

   BERM.  An embankment of earth with gentle slopes which may be used to divert storm water flows, to protect lower lying areas to enhance landscaping, to screen view, or to provide a restriction to create storm water storage areas.

   BILLBOARD.  Any structure or portion thereof upon which are signs or advertisements used as an outdoor display.  This definition does not include bulletin boards used to announce church services or to display court or other public office notices, or signs offering the sale or lease of the premises on which the sign is located.

   BLOCK.  A tract of land bounded by streets, or in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities.

   BOARD OF TRUSTEES or PRESIDENT AND BOARD OF TRUSTEES.  The President and Board of Trustees of the Village of Mettawa, Lake County, Illinois.

   BOOK STORE.  An establishment which is not an “adult book store” and which deals in books and other printed materials.

   BUFFER.  An area of predominantly vegetated land to be left open, adjacent to drainageways, wetland, lakes, ponds or other surface waters for the purpose of eliminating or minimizing adverse impacts to such areas.

   BUILDING.  Except for doors and windows, a structure entirely enclosed with at least three (3) substantial walls and a roof securely affixed to the land and entirely separated on all sides from any other structure by space and which is designed or intended for the shelter, enclosure or protection of human beings or animals or other chattels; and includes a factory manufactured building, mobile home or a prefabricated building as well as recreational vehicles located outdoors on a site for more than one hundred eighty (180) days.

   BUILDING AND ZONING DIRECTOR.  Any person duly appointed and designated as the Building and Zoning Director and who shall serve as ex officio as the Zoning Administrator.

   BUILDING APPURTENANCES.  Provided they comply with the regulations contained in this Chapter: Parapet walls, skylights, elevator bulkheads or penthouses, roof gardens, and furnace and air conditioning equipment or any of the foregoing.

   BUILDING CODE.  Chapter 9 of the Municipal Code.

   BUILDING, DETACHED.  A building surrounded by open space located on the same lot as such building is located.

   BUILDING ENVELOPE or BUILDING PAD SITE.  For Planned Unit Developments involving the three-dimensional space within which the structure is permitted to be built on a lot for which a special use in the nature of a Planned Unit Development is granted and shown upon the site plan made a part of such permit.

   BUILDING LINE.  The line established in the subdivision, by agreement or otherwise, designating the required distance of the front line of any structure or building from the street line of the street in front of such building or structure.

   BUILDING, NONCONFORMING.  A building in existence on November 7, 1984, at the time of the adoption of "The 1984 Zoning Code" or any amendment thereof or supplement thereto which, after November 7, 1984, or a subsequent date of nonconformity, does not conform with the requirements of the zoning district in which it is situated.

   BUILDING PERMIT.  A permit issued by the Village for the construction, alteration, removal or demolition of a building, structure, or part thereof located or to be located within the corporate limits of the Village.

   BUILDING, PRINCIPAL.  A non-accessory building in which the use of the lot on which it is located is conducted.

   BUILDING SETBACK LINE.  The line established on a lot, by agreement or otherwise, designating the required distance of the front line of any structure or building from the street line of the street abutting such lot.

   BUILDING SITE PLAN.  A document reviewed by the Zoning Administrator in conjunction with a building permit application and approved, if at all, in accord with the procedures established in this code for building site plan review.

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

   BULK REGULATIONS.  The term used to describe the zoning regulation of the depth of yards and building setback, the height and location of buildings with respect to adjoining lots and street right-of-way lines, and similar matters including but not limited to: Gross floor area, front yard, rear yard, side yard, lot size, lot coverage, and maximum building height.

   BUSINESS OR PROFESSIONAL OFFICE.  The office of an engineer, doctor, dentist, attorney, real estate broker, insurance broker, architect, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.

   BYPASS.  To route tributary drainage area runoff around and not through a stormwater control structure.

   BYPASS FLOOD ROUTE.  A flood route formed in the surface topography of the site to supplement or replace the natural flood route.

   CANOPY.  A roof-like structure with posts or other ground support, constructed to provide shelter to pedestrians or vehicles.

   CARETAKER'S AND/OR SERVANT'S QUARTERS.  Living quarters containing no kitchen and existing as an accessory use in single-family residential zoning districts within a principal building or located above a garage.

   CARPORT.  A canopy for vehicle storage, open on three (3) sides and attached to a principal building.

   CEILING LEVEL HEIGHT.  The vertical distance in feet of a building or structure as measured from grade as established in this Chapter to the finished bottom edge of the uppermost ceiling line of the topmost habitable room in the topmost story of a building.

   CELL SITE.  A tract or parcel of land that contains personal wireless telecommunications facilities including any antenna, an antenna support structure, accessory building(s), and off-street parking, and may include other uses associated with and ancillary to personal wireless services, excluding a single-family residence.

   CELLAR.  A level of a building having more than one-half (1/2) of its height below grade. A cellar is not a story.

   CEMETERY.  A burial ground including structures such as mausoleums, columbariums, incidental management offices, and maintenance facilities.

   CERTIFIED COMMUNITY.  A community which has petitioned the SMC and has been found by the SMC to be capable of enforcing an ordinance (or ordinances) which contain stormwater and regulatory floodplain management rules and regulations which are consistent with or at least as stringent as those of the Lake County Watershed Development Ordinance.

   CHANNEL.  Any river, stream, creek, brook, branch, natural or artificial depression ponded area, lakes, flowage, slough, ditch, conduit, culvert, gully, ravine, swale, wash, or natural or manmade drainageway, in or into which surface or groundwater flows, either perennially or intermittently.

   CHANNEL MODIFICATION.  Alteration of a channel by changing the physical dimensions or materials of its bed or banks.  CHANNEL MODIFICATIONS include damming, rip-rapping or other armoring, widening, deepening, straightening, relocating, and lining and significant removal of bottom or woody vegetation of the channel.  CHANNEL MODIFICATION does not include the clearing of dead or dying vegetation, debris, or trash from the channel.

   CHAPTER.  This Chapter, being the Zoning Ordinance.

   CHURCH or TEMPLE.  A building where persons regularly assemble for religious worship, which building is maintained and controlled by a religious body organized to sustain public worship.

   CLUB or LODGE, PRIVATE.  A nonprofit association of persons who are bona fide members which may pay annual dues, which owns, hires, or leases a building or portion thereof.

   CODE or MUNICIPAL CODE.  See MUNICIPAL CODE or CODE.

   COMMERCIAL FRONT YARD.  A front yard located upon a lot found within the H, office/hotel district, and maintained as open space except for the parking of vehicles within that area of the front yard more than ten feet (10') beyond the adjacent front lot line.

   COMMISSION or ZONING, PLANNING AND APPEALS COMMISSION.  The Zoning, Planning and Appeals Commission of the Village of Mettawa.

   COMMERCIAL WECS.  A WECS designed or operated to provide energy principally to consumers located off the premises whereon the WECS is located and does not meet the requirements established for a residential WECS.

   COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES.  Licensed commercial wireless telecommunication services including cellular, personal communication services, specialized mobilized radio, enhanced specialized mobilized radio, paging, and similar services that are marketed to the general public.

   COMMON OPEN SPACE. Including natural features, public and private underground utilities, and portions of a stormwater management system that consist of no structure having a height in excess of twenty-four inches (24") above grade, the open space land in a planned unit development which is open to the sky and unobstructed except for swimming pools and cabanas, large stables, loafing sheds, and other permitted accessory uses and structures, including fencing; which open space, including the permitted accessory uses and structures thereon, is accessible and usable by all persons who occupy a principal use in that planned unit development.

   COMMON OWNERSHIP OR CONTROL.  With respect to Planned Residential Developments, units of ownership or legal authority to act on behalf of all owners which shall be evidenced by deed, contract, or other written guarantee.

   COMMUNITY FACILITY.  A mid-size establishment located to serve the needs of residents and visitors for public assemblies which, due to the characteristics of its size and location and corresponding frequency of trip generations, may create a heavy traffic impact in the neighborhood wherein it is located.

   COMPATIBILITY.  The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict.  In arriving at the determination of the COMPATIBILITY of a particular use or activity, the following shall be a minimum of the elements to be considered: density of occupancy as measured by dwelling units per acre; floor area ratio; pedestrian or vehicular traffic generated; volume of goods handled; and such environmental effects as noise, vibration, glare, air pollution, erosion, or radiation.

   COMPENSATORY STORAGE.  An excavated, hydraulically equivalent volume of storage used to offset the loss of natural flood storage capacity when artificial fill or structures are placed within regulatory floodplain.

   COMPREHENSIVE AMENDMENT.  Any amendment of Chapter 15 (Zoning) of the Municipal Code, which includes an amendment of either or both the text of said Chapter and the official zoning map contained therein, the application for which is initiated by the Village Board, the Zoning, Planning and Appeals Commission, or the Mayor.

   COMPREHENSIVE PLAN.  The Official Mettawa Comprehensive Plan, as same may be amended from time to time.

   CONDITIONAL APPROVAL REGULATORY FLOODWAY MAP CHANGE.  Pre-construction approval by IDNR/OWR and the Federal Emergency Management Agency of a proposed change to the regulatory floodway map and/or BFE.  This pre-construction approval, pursuant to Article XVIII, gives assurances to the property owner that once an appropriate use is constructed according to permitted plans, the regulatory floodway map and/or BFE can be changed, as previously agreed, upon review and acceptance of as-built plans.

   CONDITIONAL LETTER OF MAP REVISION (CLOMR).  A letter which indicates that the Federal Emergency Management agency will revise base flood elevations, flood insurance rate zones, flood boundaries or regulatory floodway and/or BFE shown on an effective Flood Hazard Boundary Map or Flood Insurance Date Map, once the as-built plans are submitted and approved.

   CONDITIONAL USE.  See “Special Use.”

   CONSERVATION EASEMENT.  An easement granted the Village of Mettawa in order to assure the continued existence of common open space.

   CONTIGUOUS OWNERSHIP.  Ownership of any parcel or other tract of land by any person who simultaneously holds ownership to any adjacent parcel or tract of land.

   CONTROL STRUCTURE.  A structure designed to control the rate of flow that passes through the

structure, given a specific upstream and downstream water surface elevation.

   COURT, OUTER.  An open unoccupied space opening onto a street, alley, or yard.

   COVENANT.  A private or public written agreement relating to the use of, restriction of, interest in, or right to, real property and recorded with the Lake County Recorder of Deeds against the title to such real property.

   CUL-DE-SAC.  A vehicular turnaround located at the termination of a dead end street.

   DAM.  All obstructions, wall embankments or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Underground water storage tanks are not included.

   DAMAGE.  Any destruction of or loss to real property including but not limited to that caused by fire, windstorm, flooding, or act of God. With respect to stormwater management, wetland protection, and floodplain regulation, DAMAGE means a measurable rise in flood heights on property currently subject to flooding, flooding of property currently not subject to flooding unless it is contained within the streambanks or a deed or plat restricted area or increases in velocity to the point where the rate of land lost to erosion and scour is substantially increased.

   DECIBEL.  The number of dwelling units per unit of land measure.

   DECK.  A structure which is open to the sky (as opposed to a “porch”) and which provides a platform that is raise more than six (6) inches above the underlying ground.

   DEED OR PLAT RESTRICTION.  Permanent easements, covenants, deed restricted open spaces, reserved plat areas, scenic easements and conservation easements, or public road rights-of-way that contain any part of the stormwater management system of a development.

   DENSITY.  The number of dwelling units per unit of land measure.

   DEPARTMENT.  The Illinois Department of Natural Resources.

   DEPRESSIONAL STORAGE AREAS.  Non-riverine depressions in the earth where stormwater collects.

   DESIGN STORM.  A selected storm event, described in terms of the probability of occurring once within a given number of years, for which stormwater or flood control improvements are designed and built.

   DETENTION FACILITY.  A man-made structure for the temporary storage of stormwater runoff with controlled release during or immediately following a flood or storm.

   DETENTION VOLUME SAFETY FACTOR.  A multiplication factor applied to a development's detention volume when the detention facility is constructed on-stream.

   DEVELOPMENT.  While DEVELOPMENT does not include maintenance of existing buildings and facilities such as re-roofing or resurfacing of streets when there is no increase in elevation, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees, DEVELOPMENT shall mean either or both of the following:

      1.   The performance of any construction of earth moving activity, the making of a material change in the use or appearance of any structure or land, the division of land into two (2) or more lots, or the creation or termination of rights of access or littoral rights.

      2.   With respect to stormwater management, wetland protection, and floodplain regulations, DEVELOPMENT means completion of any final plat, replat, or manmade change to real estate by private or public agencies including:

         a.   Construction, reconstruction, repair, or placement of a building or any addition to a building;

         b.   Installation of a manufactured home on a site, preparation of a site for a manufactured home, or the placement of a recreational vehicle on a site for more than one hundred eighty (180) days;

         c.   Drilling, mining, installation of utilities, construction of roads, bridges, or similar projects;

         d.   Clearing of land as an adjunct of construction;

         e.   Construction or erection of levees, walls, fences, dams, or culverts; channel modification; filling, dredging, grading, excavating, paving, or other alterations of the ground surface; storage of materials; deposit of solid or liquid waste;

         f.   Any other activity that might change the direction, height, volume or velocity of flood or surface water, including the drainage of wetlands and removal of vegetation to the extent such that the wetland would no longer meet the criteria of supporting hydrophytic vegetation as defined in this Chapter except that which would be considered appropriate for management purposes;

   DEVELOPMENT does not include agriculture practices outside the Regulatory Floodplain involving filling or grading as part of a Natural Resources Conservation Service designed and approved conservation project (i.e., terraces, grass waterways). Additionally, DEVELOPMENT does not include fence installation, pole placement, drilling or other minor auxiliary construction activity which does not effect stormwater runoff rates or other minor auxiliary construction activity which does not effect stormwater runoff rates or volumes as long as the development activity is not located in a Regulatory Floodplain wetland or channel.

   DIRECTOR OF BUILDING AND ZONING.  See “Building and Zoning Director.”

   DISTRICT or ZONING DISTRICT.  A section of the Village for which the regulations governing the use, area, bulk, density and setbacks of structures and property are uniform as established in this Chapter. [See "DIVISION TWO: ZONING DISTRICTS AND ZONING MAP" in this Chapter.]

   DITCH.  An open waterway excavated below the ground surface to convey drainage water.

   DNR.  Illinois Department of Water Resources.

   DOG RUN.  An area enclosed by a fence for the containment of dogs or other domestic animals. For purposes of this Chapter, a DOG RUN is considered a structure.  For purposes of this definition, “fence” shall not include invisible electronic fences.

   DOMINANT.  For the purposes of this Chapter, a dominant plant species is one that comprises greater than 50% of the vegetative layer. The vegetative layer is defined as a subunit of a plant community in which all component species exhibit the same growth form (e.g., trees, saplings, shrubs, herbs).

   DRAINAGE AREA.  The land area above a given point that contributes stormwater to that point.

   DRIVEWAY.  A private access way that provides direct access from a street to not more than one (1) lot or principal building or use, except as may otherwise be provided by this Code.

   DRY DETENTION FACILITY.  A dry detention facility is a detention facility designed to drain completely after temporary storage of stormwater flows and to normally be dry over the majority of its bottom area.

   DWELLING or DWELLING UNIT.  One (1) or more rooms in a building, not in a house trailer or mobile home, which are arranged, designed, used or intended for use by one (1) family exclusively for residential occupancy, and which includes at least one (1) permanently installed full bathroom with toilet facilities and no more than one (1) kitchen.

   DWELLING, ATTACHED.  A dwelling which is joined to another dwelling by any means.

   DWELLING, ONE-FAMILY DETACHED or SINGLE-FAMILY RESIDENCE.  A building designed to contain one (1) dwelling unit which is entirely surrounded by open area on the same lot and is not connected directly or indirectly to any other dwelling unit by roof, walls, porches or any other means.

   EDUCATION INSTITUTION.  Public, parochial, charitable or nonprofit junior college, college or university, other than trade or business schools, including instructional and recreational uses with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.

   ELEVATION CERTIFICATES.  A form published by the Federal Emergency Management Agency that is used to certify the elevation to which a building has been constructed.

   EMERGENCY OVERFLOW.  The structure in a stormwater management system designed to protect the system in event of a malfunction of the primary flow structure or a storm event greater than the system design.  The EMERGENCY OVERFLOW capacity initiates at the facility design high water level or base flood elevations.

   EROSION.  The process whereby soil is removed by flowing water or wave action.

   FAA.  The Federal Aviation Administration of the United States of America.

   FARMED WETLAND.  Wetlands that are farmed currently, or have been farmed within five (5) years previous to the permit application date, as defined in 7 CFR Part 12 (61 FR 47025).

   FCC.  The Federal Communications Commission of the United States of America.

   FEE-IN-LIEU OF ONSITE STORMWATER STORAGE.  A fee assessed to a permit applicant used to contribute to the cost of a basin plan or floodplain study components or other stormwater system improvements "in-lieu-of" constructing on-site detention or for compensatory storage requirements for streambank and shoreline restoration fills of less than two hundred (200) cubic yards.

   FEDERAL INSURANCE RATE MAPS (FIRM).  A map prepared by the Federal Emergency Management Agency that depicts the special flood hazard area (SFHA) within a community.  This map includes insurance rate zones and regulatory floodplains and may or may not depict regulatory floodways.

   FEMA.  The Federal Emergency Management Agency and its regulations codified as 44 CFR 59-79 effective as of October 1, 1986.  This incorporation does not include any later editions or amendments.

   FENCE.  A structure which is a barrier and which is used as a means of protection or confinement, providing privacy, security, weather control, aesthetic appearance, and/or boundary definitions for land and land uses, and made of manufactured material such as but not limited to steel, aluminum, wood, and/or masonry, including but not limited to:

      1.   SOLID FENCE.  A fence, including gates, thick or dense in appearance or texture over its entire vertical and horizontal height and length, having no open breaks or divisions and which conceals from view from adjoining properties activities conducted behind such fence.

      2.   OPEN FENCE.  A fence, including gates; fifty percent (50%) of the area of each one (1) square foot segment extending over the entire length and height of which fence consists of open air spaces which afford a direct view through the fence; which fence is constructed of posts carrying boards, rails, pickets, or wire or is constructed of iron consisting of vertical or horizontal bars or other open work.

      3.   CHAIN LINK FENCE.  A fence made of wire helically wound and interwoven in such a manner as to provide a continuous mesh without knots or ties, except in the form of “knuckling” the ends of the wires to form a selvage of the fabric.  As used herein, “knuckling” is a term used to describe the type of selvage obtained by interlocking adjacent pairs of wire ends and then bending the wire ends back into a closed loop.

   FINDING.  A determination of facts based on the evidence presented during a public hearing and prepared by a hearing officer or body in support of its decision.

   FLOOD.  A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of surface waters from any source.

   FLOOD FREQUENCY.  A period of years, based on a statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded.

   FLOODWAY, REGULATORY.  See REGULATORY FLOODWAY.

   FLOOD INSURANCE RATE MAPS (FIRM).  A map prepared by the Federal Emergency Management Agency that depicts the special flood hazard area (SFHA) within a community. This map includes insurance rate zones and Regulatory Floodplains and may or may not depict Regulatory Floodways.

   FLOOD PROTECTION ELEVATION (FPE).  The elevation of the base flood elevation plus two (2) feet of freeboard.

   FLOOD ROUTE.  The overland route that floodwaters would necessarily follow.

   FLOOD TABLE LAND.  The land area immediately adjacent to flood-prone areas with greater than one hundred (100) acres of tributary drainage area, the elevation of which is greater than the base flood elevation by two (2) feet or less.

   FLOOD-PRONE AREA.  Any area inundated by the base flood.

   FLOODPLAIN (REGULATORY).  See “Regulatory Floodplain.”

   FLOODPLAIN MANAGEMENT.  An overall program of corrective and preventive measures for avoiding or reducing future flood damage.

   FLOODPLAIN STUDY.  A study that has been formally adopted by the SMC that analyzes the hydraulic and hydrologic characteristics of a specific watershed area.

   FLOODPROOFING.  Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

   FLOODPROOFING CERTIFICATE.  A form published by the Federal Emergency Management Agency that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.

   FLOODWAY.  The portion of the SFHA required to store and convey the base flood.  The FLOODWAY for the SFHA's of the Village shall be as delineated on the Flood Boundary and Floodway Map prepared by the Federal Emergency Management Agency, as same may be amended from time to time.

   FLOOR AREA, GROSS.  The sum of the gross horizontal area in square feet of the several floors of a building measured from the exterior face of the exterior walls devoted to such use, including accessory storage areas but excluding cellars.

   FOOT CANDLE.  The illumination in all points one (1) foot distant from a uniform light source of one (1) candle power.

   FOOTPRINT.  The specific area depicted upon a perimeter site plan which demonstrates the exact boundaries of structures, existing or proposed.

   FORESTED WETLAND.  A wetland area with 30% or greater area coverage of trees.  Trees refer to woody plants that are greater than three (3) inches in diameter at breast height (DBH) and with a height of greater than twenty (20) feet.

   FREEBOARD.  An increment of height added to the base flood elevation to provide a factor of safety for uncertainties in calculations, unknown local conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.

   FREQUENCY.  The number of oscillations per second in a sound wave, measuring the pitch of the

resulting sound.

   FRONT LOT LINE.  With respect to any lot other than a lot-in-depth, the line thereof coextensive with the right-of-way line of any adjacent street.

   FRONT YARD.  Upon any lot other than a lot-in-depth, that yard adjacent to any front lot line and maintained, except as otherwise set forth in this Code and except for ingress and egress driveways and sidewalks traversing the same in a fashion other than parallel to the front lot line with which it is adjacent, as open space. Front yards are measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. See also: COMMERCIAL FRONT YARD.

   FRONTAGE.  All the real property fronting on one side of a street between the nearest, intersecting streets or between a street and a right-of-way, waterway, or other similar barrier.

   FUNCTIONAL ASSESSMENT.  An assessment of a wetland's flood storage, water quality and other beneficial functions.

   GARAGE.  A building designed to shelter motor vehicles, including:

      l.   PRIVATE GARAGE.  Being a garage owned by a person for sheltering motor vehicles owned by such person; and

      2.   PUBLIC GARAGE.  A garage used in the business of sheltering motor vehicles owned by persons other than the garage owner.

   GARAGE SALE.  Those occasional sales of used or surplus household goods, wares, and other items of personal property owned by the occupier of the residence premises where such sale is held or owned collectively by a group of persons, including the occupier of the premises where such sale is held, and such sale may include sales commonly known as basement sales, household sales, yard sales, attic sales, rummage sales, estate sales or other similar occasional sales conducted on an infrequent and unscheduled basis from residentially zoned premises. The term GARAGE SALE shall not include bulk sales, the sale of multiple new items of the same description, and/or the sale of consigned merchandise; nor shall said sale include the sale of junk or antique items as a business activity by a person involved therein as a junk or antique dealer.

   GASOLINE and/or DIESEL FUEL STATION.  Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made: sales and servicing of spark plugs, batteries, and distribution of parts; tire service and repair, but not recapping or regrooving; replacement of mufflers and tailpipes, water hoses, fan belts, brake fluids, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like; vehicle radiator cleaning and flushing; vehicle washing and polishing, including a motor vehicle washing facility/automobile washing facility, and the sale of automotive washing and polishing materials; greasing and lubrication; and other motor vehicle repair.

   GRADE.  The average elevation of the ground surface of a lot, in its natural state, measured at the location of the proposed corners of the proposed structure, with the understanding that additional measurements taken at one hundred (100) foot intervals between the lower corner and the higher corner shall also be included in establishing the average elevation.

   GROUND FLOOR AREA.  The lot area covered by a principal building measured at grade from the exterior walls but excluding open porches or terraces, garages or carports.

   GUEST.  A person receiving the hospitality of the owner of the dwelling within which the person, who may be related to or an acquaintance of the owner, is lodging without payment of rent or other consideration.

   GUEST HOUSE.  Accessory to a main house and allowable as a special use in the R-1 Single Family Residence District, a one (1)-family detached residence containing one (1) or more rooms which are arranged, designed, and used as living quarters for guests, none of whom pay rent, who are visiting persons who live in a separate and larger main house located upon the same lot.

   H, OFFICE/HOTEL DISTRICT.  The H, Office/Hotel District of the Village of Mettawa established in Article XV of this Chapter and designated on the Zoning Map contained in Article XVII of this Chapter.

   HABITABLE ROOM.  A room or enclosed floor space arranged for living, eating, and sleeping purposes (not including bathrooms, water closet compartments, laundries, pantries, foyers, hallways and other accessory floor spaces).

   HIGH QUALITY AQUATIC RESOURCES (HQAR).  Waters of the United States or Isolated Waters of Lake County that are determined to be critical due to their uniqueness, scarcity, function, and/or value as defined in Appendix L of Article XVIII of this Chapter.

   HISTORIC STRUCTURE.  Any structure that is:

      1.   Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

      2.   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

      3.   Individually listed on the State Inventory of Historic Places by the Illinois Historic Preservation Agency; or

      4.   Individually listed on a local inventory of historic places that has been certified by the Illinois Historic Preservation Agency.

   HOME BASED BUSINESS.  An accessory use of a service character conducted within a dwelling by the residents thereof, which use is clearly secondary to the residential use of the dwelling for living purposes, which does not change the character thereof; and which is conducted in compliance with the applicable provisions of this Chapter.

   HOME OCCUPATIONS.  Any gainful occupation engaged in by the occupant of a dwelling at or from the dwelling.

   HORSE.  A large solid-hoofed herbivorous ungulate mammal domesticated since prehistoric times and used as a beast of burden, a draft animal, or for riding and includes a recent or extinct animal of the horse family such as a zebra, ass or donkey, or onager.

   HOTEL.  In contradistinction to a “boarding house” or “lodging house,” as herein defined, a building open to transient guests, in which lodging is provided and offered to the public for compensation; and which may contain a place of public assembly.

   HOUSEHOLDER.  The occupant of a dwelling unit who is either the owner or lessee thereof.

   HYDRAULICALLY EQUIVALENT COMPENSATORY STORAGE.  Compensatory storage placed between the proposed normal water elevation and the proposed 100-year flood elevation.  All storage lost or displaced below the existing 10-year flood elevation is replaced below the proposed 10-year flood elevation.  All storage lost or displaced above the existing 10-year flood elevation is replaced above the proposed 10-year flood elevation.

   HYDROLOGIC AND HYDRAULIC CALCULATIONS.  Engineering analysis which determines expected flood flows and flood elevations based on land characteristics and rainfall events.

   HYDRIC SOIL.  A soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions on the upper part.

   HYDROLOGICALLY DISTURBED.  An area where the land surface has been cleared, grubbed, compacted, or otherwise modified to alter stormwater runoff, volumes, rates, flow direction or inundation direction.

   HYDROPHYTIC VEGETATION.  Plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.

   IDNR/OWR.  Illinois Department of Natural Resources, Office of Water Resources (INDR/OWR) previously known as IDOT/DWR.

   ILLEGAL BUILDING OR STRUCTURE.  A building or structure constructed without a building permit authorized to be issued in accord with the Municipal Code of the Village of Mettawa and/or a building or structure for which a building permit had been issued in accord with the said Municipal Code of the Village of Mettawa of 2001 but which became non-conforming and thereafter failed to be eliminated in accord with the regulations contained in this Chapter (the Zoning Ordinance of the Village of Mettawa). 

(Ord. 432, passed 8-15-2000)

   ILLEGAL USE.  A use of land and/or a building or structure which was never authorized by this Chapter (the Zoning Ordinance of the Village of Mettawa) or which became nonconforming and thereafter failed to be eliminated in accord with the regulations contained in this Chapter. 

(Ord. 432, passed 8-15-2000)

   ILLICIT DISCHARGE.  Any discharge or dumping of material into the stormwater management system or a flood-prone area that is not composed entirely of stormwater, except for discharges allowed under NPDES Permit No. ILR40 Part I.B.2.

   ILLINOIS URBAN MANUAL.  The Natural Resources Conservation Service Illinois Urban Manual, a technical manual designed for urban ecosystem protection and enhancement.  This manual contains design guidance for a development site to meet the Watershed Development Ordinance performance standards for soil erosion and sediment control.

   IMPERVIOUS SURFACE.  Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway area, graveled areas, sidewalks and paved recreation areas.

   IN-KIND REPLACEMENT (CULVERT).  An in-kind culvert replacement has an equivalent cross- sectional area, shape, roughness coefficient, and inlet and outlet elevations; or the replacement may be shown to have an equivalent hydraulic capacity using appropriate engineering calculations.

   INSPECT.  To visit, to review plans, or to oversee a site visit or plan review per generally accepted engineering practice.

   INTERIOR SIDE YARD.  A yard between the principal building and the side lot line, other than one parallel to a public street.

   ISOLATED WATERS OF LAKE COUNTY.  All waters such as lakes, ponds, streams (including intermittent streams), farmed wetlands, and wetlands that are not under U.S. Army Corps of Engineers jurisdiction.  The limits of the ISOLATED WATERS OF LAKE COUNTY extend to the ordinary high water mark or the delineated wetland boundary.

      1.   The following are excluded from ISOLATED WATERS OF LAKE COUNTY:

         a.   Excavations and impoundments that have received a permit from the appropriate jurisdictional authority.

         b.   Excavations and impoundments permitted by right, prior to being a regulated activity, within 40% or more non-hydric soils.  Areas designated as "water" as depicted on the Soil Survey of Lake County, SCS, 1970 are determined as either hydric or non-hydric soils by connecting adjoining soil boundaries to create complete polygons of the depicted soil type.

         c.   Areas created by incidental construction grading that are exempt per Article XVIII, subsection A. and C. of this Chapter.

         d.   Roadside ditches.

      2.   The following shall not be considered as meeting the exclusion criteria in a. above:

         a.   All areas meeting the definition of high-quality aquatic resources.

         b.   Wetland mitigation areas created to meet the requirements of this Chapter or Section 404 of the Clean Water Act.

         c.   Wetland areas created or restored using public funds.

   KENNELS.  Any premises where three (3) or more dogs, over four (4) months of age, are boarded and bred, but not offered for sale.

   LABORATORY.  A place devoted to experimental study such as testing and analysis. Manufacturing, assembly or packaging of products is not included within this definition.

   LAKE.  A natural or artificial body of water encompassing an area of two (2) or more acres which retain water through the year.

   LAKE COUNTY STORMWATER MANAGEMENT TECHNICAL REFERENCE MANUAL.   See TECHNICAL REFERENCE MANUAL.

   LANDFILL.  An area of low-lying land, set aside and used for the disposal of trash and garbage by way of a system in which the waste is buried between layers of earth.

   LARGE STABLE.  Authorized by special use permit, a building, which may include an indoor riding arena, for the stabling of a number of horses in excess of the number permitted in this Chapter per 40,000 square feet of land and, in the case of lots in excess of 200,000 square feet in area, a building providing stabling for a number of horses in excess of five (5).

   LEGAL DESCRIPTION.  The description of real property established by law and created in specific cases from real property surveys drawn by licensed land surveyors.

   LEGAL NONCONFORMING.  A use or structure which does not comply in some respect with the currently effective regulations in this Chapter but which was lawfully established and did so comply in all respects when established and with respect to which the amortization period either has not expired or for which there is no amortization period.

   LETTER OF MAP AMENDMENT (LOMA).  The official determination by FEMA, that a specific structure is not in a Special Flood Hazard Area; amends the effective Flood Hazard Boundary Map (FHBM) or FIRM.

   LETTER OF MAP REVISION (LOMR).  The letter issued by FEMA or IDNR/OWR that revises base flood elevations, flood insurance rate zones, flood boundaries or regulatory floodways as shown on an effective FHBM or FIRM.

   LIVE STOCK.  Other than horses, farm animals such as cows, bulls, goats and/or pigs that are kept, raised, and/or used by people.

   LIVERY STABLE.  A stable from which horses are available for rent and/or for sale to the general public.

   LOADING and UNLOADING SPACE OR BERTH, OFF-STREET.  An open, hard-surfaced area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of, tractors and trailers, and trucks.  Such area of land shall be not less than ten (10) feet in width, fifty (50) feet in length, and fifteen (15) feet in height, exclusive of access aisles and maneuvering space.

   LOAFING SHED. Accessory to a stable, a roofed-over three (3) sided structure, not a building, having the open side facing south and a maximum area of three hundred (300) square feet, for the sheltering of horses on a temporary basis.

   LOT.  A portion of platted land measured, set apart, and subdivided as a distinct parcel leaving its principal frontage upon a street and created and delineated upon a plat of subdivision or resubdivision and so recorded by the Recorder of Deeds of Lake County, Illinois:

      A.   Before July 28, 1980;

      B.   Which, although not meeting all of the bulk regulations of the zoning district within which it is located, has never been in contiguous ownership after July 28, 1980; or

      C.   Which meets all of the bulk regulations of the zoning district within which it is located.

   LOT-IN-DEPTH.  A lot of record, most of which is adjacent to and located behind another lot of record and which derives its only access to a public street by a stem.

   LOT-IN-DEPTH YARD.  Any yard required and within a lot-in-depth and located adjacent to the lot lines of the lot-in-depth.

   LOT AREA.  The total land and water area of a lot.

   LOT COVERAGE.  That part or percent of any lot occupied by buildings, structures, and/or other impervious surfaces, including but not limited to sidewalks, driveways, accessory buildings or other structures.

   LOT DEPTH.  The mean horizontal distance between the front lot line and the rear lot line.  In the case of a corner lot, the LOT DEPTH is the greater of the mean horizontal distance between the front lot lines and the respective lot line opposite each.  For a lot-in-depth, LOT DEPTH shall be the mean distance between the rear lot line opposite the non-stem portion of the front lot line.

   LOT FOR PURPOSE OF PLANNED RESIDENTIAL DEVELOPMENT.  A portion of platted land measured, set apart, and subdivided as a distinct parcel, to be used in accordance with this chapter, with such required open space and with its principal frontage upon a street or public place and created and delineated upon a plat of subdivision or resubdivision approved by the President and Board of Trustees and so recorded by the Lake County Recorder of Deeds.

   LOT FRONTAGE.  The front of a lot shall be that boundary of a lot along a public street; for a corner lot, the owner may elect either street line as the front lot line.

   LOT LINE.  A property boundary line on the perimeter of any lot, distinguishing that lot from adjacent.

   LOT WIDTH.  The mean horizontal distance between the side lot lines at right angles to the lot depth, or the horizontal distance between the side lot lines measured at the mean lot depth point, whichever is lesser.

   LOT, DOUBLE FRONTAGE (THROUGH LOT).  A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot.  On a THROUGH LOT, both street lines shall be deemed front lot lines.

   LOT, MAXIMUM COVERAGE.  The maximum area of a lot which may be covered by the principal structure.

   LOT THROUGH.  See “Lot, Double Frontage (Through Lot).”

   LOT WIDTH.  The mean horizontal distance between the side lot lines at right angles to the lot depth, or the horizontal distance between the side lot lines measured at the mean lot depth point, whichever is lesser.

   LOWEST OPENING ELEVATION.  The elevation at which water could enter a structure through any non-watertight opening such as a doorway threshold, a window sill, or a basement window well.

   LOWEST ADJACENT GRADE.  The lowest finished grade adjacent to a structure, not including the bottom of window wells.

   LOWEST FLOOR.  The lowest floor of the lowest enclosed area, including basement.

   MAIN HOUSE. Other than a guest house or servants quarters, the only principal One-Family Detached Residence that may be constructed on a lot in the R-1 Single Family Residence District or R-2 Single Family Residence District.

   MAINTAIN. To keep, sustain, support and/or provide for a horse for twenty (20) or more consecutive or non-consecutive hours within a given twenty-four (24) hour period.

   MANUFACTURED HOME.  A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME also includes any park trailer, recreational vehicle, mobile home, motor home and other similar vehicles installed on site for more than one hundred eighty (180) consecutive days.

   MANUFACTURED HOME PARK OR SUBDIVISION.  A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

   MAP.  The Flood Insurance Rate Map published and promulgated by the Federal Emergency Management Agency, as same may be revised from time to time.

   MASSAGE.  The performance of manipulative exercises upon the human body of another by rubbing, kneading, stroking or tapping with the hand or hands, or with any mechanical or bathing device with or without supplementary aids.

   MASSAGE PARLOR.  Any place or establishment where a massage is made available.

   MASSAGE SCHOOL.  Any place or establishment or facility which provides instructions in the theory, method, and practice of massage.

   MASSAGE SERVICES.  The providing of a massage or massages by any person, firm, association or corporation.

   MAXIMUM HEIGHT. 

      1.   In feet, the vertical distance from existing grade to the highest point of the roof or parapet, which ever is greater, of a building; provided that antenna towers with a maximum height of forty feet (40') and antenna tower structures (including mast and antenna) having an overall height of not more than fifty feet (50'), penthouses, steeples, required chimneys and other structures shall not be counted in measuring the height of buildings; and

      2.   In stories, the number of levels in a building, in any given level of which a habitable room may be located, including basements but excluding cellars.

   MAXIMUM LOT COVERAGE.  The maximum surface area of a lot which may be made impermeable as a result of construction of buildings and other man-made structures, including but not limited to pavement.

   MEDICAL CANNABIS CULTIVATION FACILITY. A facility authorized by Illinois law and operated by an organization or business registered by the Department of Agriculture to grow, and/or cultivate, and/or perform necessary activities to provide registered medical cannabis dispensing organizations with usable medical cannabis, in accordance with all Illinois and Village statues, ordinances, and regulations.

   MEDICAL CANNABIS DISPENSING FACILITY. A facility authorized by Illinois law and operated by an organization or business registered by the Department of Financial and Professional Regulation to acquire, and/or sell, and/or dispense medical cannabis from a registered medical cannabis cultivation facility, in accordance with all Illinois and Village statutes, ordinances, and regulations.

   MEDICAL LABORATORY.  A facility which meets State of Illinois health and safety standards and is equipped and used for the observation, analysis, evaluation, and documentation of conditions or organisms, cells, tissues, organs, specimens, diseases, etc.

   MEDICAL OFFICE.  A facility used for offices of one or more physicians, dentists, clinical psychologists, nurse-practitioners, and similar medical professionals, for the examination and treatment of patients, in which one or more medical professionals may be associated together or practicing independently of each other.  MEDICAL OFFICES may include apothecaries, dental and medical laboratories, naprapathy, X-ray and/or other facilities, but do not include inpatient facilities devoted primarily to major surgical procedures or accommodations for the overnight stay of patients.

   METTAWA TRAIL.  A path having a nominal minimum width of eight (8) feet and a nominal maximum width of twelve (12) feet, owned by the Village for use by the general public as and for equestrian, pedestrian and bicyclist use and located within a public right-of-way owned by or dedicated to the Village.

   MEZZANINE.  A low ceiling area between two (2) main stories of a structure, containing no more than one-third () of the floor area of either the floor directly above or below.

   MITIGATION.  Measures taken to eliminate or minimize damage from development activities, such as construction in wetlands or regulatory floodplain filling, by replacement of the resource.

   MOTION PICTURE.  A sequence of photographs or drawings on photographic film or video tape projected on a screen in such rapid succession that they create the optical illusion (because of the persistence of vision) of moving persons and objects.

   MOTOR VEHICLE.  Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power and devices used exclusively upon stationary rails or tracks, and snowmobiles as defined in the Illinois Vehicle Code.  For the purposes of this Chapter, unless otherwise prescribed, a device shall be considered to be a vehicle until such time as it either comes within the definition of a “junk vehicle” under the Illinois Vehicle Code, or a junking certificate is issued for it.  For the purposes of the Illinois Vehicle Code and this Code, vehicles are classified into two (2) divisions:

      1.   FIRST DIVISION.  Those vehicles which are designed for carrying of not more than ten (10) persons; and

      2.   SECOND DIVISION.  Those vehicles which are designed for carrying more than ten (10) persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight or cargo, those vehicles of the First Division remodeled for use and used as MOTOR VEHICLES of the Second Division, and those motor vehicles of the First Division used and registered as school buses.

   MOTOR VEHICLE REPAIR.  Incidental repair and/or replacement of parts and motor services to motor vehicles, including motor vehicle detailing, engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, [including body, frame or fender straightening or repair], and painting of vehicles.

   MOTOR VEHICLE WASHING FACILITY/AUTOMOBILE WASHING FACILITY.  A use, housed in a building, comprising the washing of automobiles and/or other motor vehicles, which may utilize such mechanical devices as a vehicle conveyor, hot air blowers, steam cleaners, and wax applicators.

   MUNICIPAL CODE or CODE.  The Municipal Code of the Village of Mettawa of 2001, as amended, and as may be amended further from time to time hereafter.

   NATURAL.  When used in reference to streams and channels means those streams and channels formed by the existing surface topography of the earth prior to changes made by man.  A modified stream or channel which has regained natural characteristics over time as it meanders and reestablishes vegetation may be considered NATURAL.

   NEIGHBORHOOD FACILITY. A small establishment located to serve governmental, educational and other needs of residents for public assemblies on a recurring basis within a convenient traveling distance and not intended to attract substantial numbers of persons from outside the neighborhood.

   NGVD.  The National Geodetic Vertical Datum of 1929.

   NON-ASSEMBLY SPACE.  An area of a building or other structure that is used for offices, research and/or storage and not open to the general public for public assembly.

   NONCONFORMING STRUCTURE.  Any building or other structure which existed lawfully at the time of the adoption of The 1984 Zoning Code on November 7, 1984 or any subsequent amendment thereto; and:

      1.   All or substantially all of which is designed or intended for a use not permitted in the zoning district in which it is located; or

      2.   Which does not comply with the most recent area, bulk, density, or setback requirements for the zoning district in which it is located; or

      3.   Which is located on a lot which does not comply, or which is so located on a lot as not to comply with the yard requirements for the zoning district in which it is located.

(Ord. 432, passed 8-15-2000)

   NONCONFORMING USE.  Any use of land or structures which existed lawfully at the time of the effective date of The 1984 Zoning Code, adopted November 7, 1984, or any subsequent amendment thereto, which does not comply with the most recent use regulations of the zoning district in which it is located.

(Ord. 432, passed 8-15-2000)

   NONCONFORMITY, DATE OF.  With respect to a structure or use of land, or both, which complied with this Chapter at the inception of such structure or use of land, the date upon which such structure or use of land became nonconforming by reason of a change to the applicable zoning ordinance regulating such structure or use of land.

   NON-RIVERINE REGULATORY FLOODPLAIN.  Regulatory floodplains not associated with streams, creeks or rivers, such as isolated depressional storage areas or lakes.

   NOXIOUS MATTER.  Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effect upon the psychological, social, or economic well-being of human beings.

   O/R PLANNED OFFICE/RESEARCH DISTRICT. The O/R Planned Office/Research District of the Village of Mettawa established in Article XIV of this Chapter and designated on the Zoning Map contained in Article XVII of this Chapter.

   OCCUPANCY CERTIFICATE.  A certificate issued by the Building and Zoning Director stating the occupancy and use of a portion of land or a part of a building or structure referred to therein complies with the applicable provisions of this Code and may be occupied for use.

   OFF-STREET PARKING.  Paved parking spaces located in an area other than a street or public right-of-way and limited in use to the vehicles not exceeding a net weight of three (3) tons and parked for periods of less than forty-eight (48) hours.

   OFF-STREET PARKING PLACE.  An off-street area meeting the requirements of this Chapter for the temporary parking of a single vehicle.

   OFF-STREET PARKING SPACE.  A concrete or bituminous paved area at least nine (9) feet in width and at least twenty (20) feet in length, exclusive of access drives or aisles, ramps, columns or office or work area.  Such space shall have a vertical clearance of at least seven (7) feet.

   ON-STREAM DETENTION.  Any detention facility that has off-site tributary drainage area.

   OPEN SPACE.  Except for driveways no greater than twenty (20) feet in width which traverse yards in a manner generally perpendicular to an adjacent public right-of-way and except for public or private utilities and trails and walkways and appurtenances to the foregoing, the surface of a parcel of land which is open to the sky and unobstructed except for portions of a stormwater management system that consist of no structure and/or no berm having a level in excess of twenty-four (24) inches above grade, natural features and permitted fencing.

   OPEN SPACE, COMMON.  Including natural features, public and private underground utilities, and portions of a stormwater management system that consist of no structure having a height in excess of twenty-four inches (24") above grade, the open space in a planned unit development which is open to the sky and unobstructed except for swimming pools and cabanas, large stables, loafing sheds, and other permitted accessory uses and structures, including fencing; which open space, including the permitted accessory uses and structures thereon, is accessible and usable by all persons who occupy a principal use in that planned unit development.

   OPEN SPACE, USABLE.  Open space which has slopes of less than ten percent (10%), has all dimensions equal to a minimum of twenty feet (20'), is located not less than twenty feet (20') from residential wall containing a window, and is easily accessible by all residents occupying the same parcel or related parcels.

   OPEN WATERS.  Permanently inundated Isolated Waters of Lake County that are greater than 3.0 feet in depth below the normal water level or normal pool elevation.

   OPERATOR.  The owner of the land in question as well as any person leasing such land or otherwise contracting with the owner of the land for the operation of a stable.

   ORDINANCE.  This Chapter 15, also known as “The Zoning Ordinance of the Village of Mettawa.”

   ORDINARY HIGH WATER MARK (OHWM).  The point on the bank or shore at which the presence and movement of surface waters are continuous so as to leave a distinctive mark, such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other such recognized characteristics.

   OVERLAND FLOW PATH.  An area of land which conveys stormwater for all events up to and including the base flood event.  The OVERLAND FLOW PATH can be estimated using readily available topographic information and shall take into account all on-site and off-site tributary areas in accordance with Section 15.1804.

   OVERSIGHT COMMITTEE.  The Zoning, Planning and Appeals Commission of the Village of Mettawa, Lake County, Illinois.

   OWNER.  The holder of legal title as well as holders of any equitable interest, such as trust beneficiaries, contact purchasers, option holders, lessees under leases having as unexpired term of at least ten (10) years, and the like.  Whenever a statement of ownership and/or an application is required by this Code, full disclosure of all legal and equitable interest in the property is required.

   OWNERSHIP PARCEL.  Any legally described parcel of land.  This includes contiguous lots or parcels of land, owned in whole, or in part, by the same property owner.

   PARCEL.  Any quantity of land capable of being described with such definiteness that its location and boundaries may be established.

   PARCEL IDENTIFICATION NUMBER (PIN).  Permanent index number used to identify properties for tax assessment.

   PARK. A parcel of real estate owned by the Village and set aside for public use and maintained in its natural state, except that it may contain within it walks laid out for pedestrian use, benches, paths and trails for pedestrian, and equestrian and bicyclist use, parking for vehicles, and one or more buildings, including an administration building, field house, museum, sheds for storage and barns; but which real estate shall not include playgrounds, other active recreational facilities and/or any animal exercise area.

   PARKING AREA, PRIVATE.  An open, hard-surfaced area other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.

   PARKING AREA, PUBLIC.  An open, hard-surfaced area other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half (1½) ton capacity, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.

   PARKING DECK.  Any structure containing automobile parking spaces, any portion of which is above grade, which structure is neither totally enveloped by nor directly below another structure.

   PARKING SPACE AUTOMOBILE.  A paved and imperviously surfaced area within a public or private parking area of not less than one hundred eighty (180) square feet (9' x 20'), exclusive of access drives or aisles, ramps, columns, or office and work areas, for the temporary storage of one (1) passenger automobile or commercial vehicle under one and one-half (1½) ton capacity.

   PARKING SPACE, HANDICAPPED.  A paved and imperviously surfaced area within a public or private parking area of not less than three hundred twenty (320) square feet (16' x 20'), exclusive of access drives or aisles, ramps, columns, or office and work areas, for the temporary storage of one (1) passenger automobile or commercial vehicle under one and one-half (1½) ton capacity.

   PARTIAL OCCUPANCY CERTIFICATE. A certificate issued by the Building and Zoning Director stating the occupancy and use of a portion of land or a part of a building or structure referred to therein complies with the applicable provisions of this Code and may be occupied for use.

   PATIO.  A surfaced area other than a deck, which is used for sitting or passive recreation.

   PERIMETER OF THE SITE.  The boundary of all of the land held in contiguous ownership, within which assembly space is located.

   PERMITTED USE.  An allowable use permitted without hearing in a given zoning district as set forth in this Chapter.

   PERSON.  Any individual, copartnership, firm, association, joint stock company, corporation, or any combination of individuals of whatever form or character.

   PERSONAL WIRELESS SERVICE and PERSONAL WIRELESS COMMUNICATIONS FACILITY.  In this chapter, have the same definition as that contained in Title 47, United States Code, Section 332(C)(7)(c) and may include commercial wireless telecommunication services.

   PETITIONER.  See APPLICANT or PETITIONER.

   PLACES OF PUBLIC ASSEMBLY.  Any land or building used for public assembly on a recurring basis, whether for educational, fraternal, governmental, religious or other purposes and includes neighborhood facilities, community facilities and/or regional facilities.

   PLANNED UNIT DEVELOPMENT.  A tract of land under common ownership or control to be developed in accord with the procedures established in this chapter as a single entity for a number of structures; the plan for which does not necessarily correspond in lot size, bulk, type of use, lot coverage, or required open space to the regulations established in the zoning district in which such land is located.

   POND.  A natural or artificial body of water of less than two (2) acres which retains water year round.

   PORCH.  A roofed-over platform that is raised more than six (6) inches above the underlying ground, which projects out from the wall or walls of a main structure and which may be open to the weather in part.

   PREFABRICATED BUILDING or FACTORY MANUFACTURED BUILDING.  Any building consisting wholly or in material part of a structural, load bearing or lateral load-resisting assemblage of materials assembled as a building or section thereof prior to arrival at the building construction site, provided that use of building components and pre-assembled materials produced in accordance with standard specifications referenced by the Village Code, such as rolled structural steel shapes, steel beams, steel reinforcing bars, masonry units, pre-cast wall and beam systems, pre-constructed roof trusses, and plywood sheets shall not cause a building to be considered a "prefabricated building" or "factory manufactured building."

   PRESIDENT AND BOARD OF TRUSTEES or VILLAGE BOARD.  The President and Board of Trustees of the Village of Mettawa.

   PRINCIPAL FRONTAGE.  The frontage of a lot.  In the case of a lot-in-depth, PRINCIPAL FRONTAGE shall be the boundary of the stem parallel and adjacent to a street.

   PRINCIPAL STRUCTURE.  The main or primary structure on a parcel of land, as distinguished from an accessory structure such as a barn, garage, guest house, horse stable, or shed.

   PRINCIPAL USE.  The main or primary function on a parcel of land, as distinguished from an accessory, ancillary or secondary use.

   PRIVATE STABLE.  A stable in which all horses kept on the premises are owned by the owner of the premises or members of his family, and are used only by the owner, members of his family, stable hands, and/or bonafide guests.

   PROPERTY or REAL PROPERTY.  Land and its natural assets.

   PUBLIC ASSEMBLY. An assembly of people reasonably anticipated to number more than fifty (50) for a continuous period in excess of one (1) hour in which at least ten percent (10%) of the expected assembly will assemble in an assembly space outdoors or in structures designed, constructed, erected or set-up for assemblies, whether or not an admission fee is charged for those attending.

   PUBLIC BODIES OF WATER.  All open public rivers, streams, and lakes specifically designated as such by IDNR/OWR in Appendix F of Article XVIII of this Chapter that are capable of being navigated by water craft, in whole or in part, for commercial uses and purposes, or which in their natural condition were capable of being improved and made navigable, or that are connected with or discharged their waters into navigable lakes or rivers within, or upon, the borders of the State of Illinois, together with all bayous, sloughs, backwaters, and lakes that are open to the main channel or body of water and directly accessible thereto.

   PUBLIC FLOOD CONTROL PROJECT.  A flood control project within a deed or plat restricted area, which will be operated and maintained by a public agency to reduce flood damages to existing buildings, or structures. A land stewardship not-for-profit corporation, or similar entity, may also own, operate or maintain a public flood control project. In this circumstance, there shall also be an executed agreement with a public agency to take over ownership, operation, or maintenance if the corporation dissolves or fails to meet the operation and maintenance requirements for the project area. The project includes a hydrologic and hydraulic study of the existing and proposed conditions of the watershed area affected by the project. Nothing in this definition shall preclude the design, engineering, construction or financing, in whole or in part, of a flood control project by persons or parties who are not public agencies.

   PUBLIC HEARING.  A meeting conducted pursuant to public notice concerning specific subjects, during which petitioners and members of the general public may give testimony, evidence, or opinions relevant to the subject matter of such hearing.

   PUBLIC OPEN SPACE.  Any publicly-owned open space which may include structures accessory to but not limited to the following:  parks, playgrounds, forest preserves, beaches, waterways, parkways, trails, paths, streets, and alleys.

   PUBLIC ROAD DEVELOPMENT.  Any development activity which takes place in a public right-of-way or part thereof that is administered and funded, in whole or in part, by a public agency under its respective roadway jurisdiction. Rehabilitative maintenance and in-kind replacement are considered to be a public road development if located in a Regulatory Floodplain. A public road development located within a Regulatory Floodway and which has been approved by the Illinois Department of Transportation, Division of Highways (IDOT/DOH), Bureau of Local Roads and Streets is exempt from the hydraulic analysis requirements of this Chapter. Individual recreational trail systems being constructed that are not part of another development project and linear railroad development projects shall be considered public road developments with respect to the requirements of this Chapter.

   R-l SINGLE FAMILY RESIDENCE DISTRICT. The R-l Single Family Residence District of the Village of Mettawa established in Article XII of this Chapter and designated on the Zoning Map contained in Article XVII of this Chapter.

   R-2 SINGLE FAMILY RESIDENCE DISTRICT. The R-2 Single Family Residence District of the Village of Mettawa established in Article XIII of this Zoning Code and designated on the Zoning Map contained in Article XVII of this Zoning Code.

   REAR LOT LINE.  The lot line or lot lines of any lot most nearly parallel to and most remote from the front lot line or front lot lines thereof.

   REAR YARD.  Upon any lot other than a lot-in-depth, the yard adjacent to the rear lot line and maintained, except for ingress and egress driveways and sidewalks traversing the same in a fashion other than parallel to the rear lot line it abuts, as open space except as otherwise provided by this Code. REAR YARDS are measured by a line at right angles to the rear lot line, or by the radial line in the case of a curved rear lot line.  However, with respect to a corner lot, the rear yard shall be that yard, if any, which does not abut the side yard of an adjacent lot.  Any yard so abutting the side yard of an adjacent lot shall be a side yard.

   RECONSTRUCTION.  The act of rebuilding a structure.

   RECORD DRAWINGS.  Construction drawings revised to show significant changes made during the construction process, usually based on marked-up paints, drawings and other data furnished by the contractor to the Director of Building and Zoning.

   RECREATIONAL VEHICLE.  Every camping trailer, motor home, mini motor home, travel trailer, truck camper or van camper.

   RECURRING BASIS. To happen again at intervals between relatively short lapses of time.

   REGIONAL FACILITY.  A large-size establishment located to serve the needs of persons for public assemblies which require large land areas and may have single-purpose characteristics creating a heavy traffic impact and intended to attract substantial numbers of persons from outside the corporate limits of the Village.

   REGISTERED LAND SURVEYOR.  A land surveyor registered in the State of Illinois, under The Illinois Land Surveyors Act (225 ILCS 325/1 et seq.).

   REGISTERED PROFESSIONAL ENGINEER.  An engineer registered in the State of Illinois, under The Illinois Professional Engineering Act (225 ILCS 325/1 et seq.).

   REGULATORY FLOODPLAIN.  May be either riverine or nonriverine depressional areas.  Floodplain boundaries shall be delineated by projecting the base flood elevation onto the best available topography.  A flood prone area is a REGULATORY FLOODPLAIN if it meets any of the following descriptions:

      1.   Any riverine area inundated by the base flood where there is at least six hundred forty (640) acres of tributary drainage area.

      2.   Any non-riverine area with a storage volume of 0.75 acre-foot or more when inundated by the base flood.

      3.   Any area indicated as a Special Flood Hazard Area on the FEMA Flood Insurance Rate Map and located with the best available topography to be inundated by the base flood.

   REGULATORY FLOODWAY.  The channel, including on-stream lakes, and that portion of the regulatory floodplain adjacent to a stream or channel as designated by the Illinois Department of Natural Resources, Office of Water Resources, which is needed to store and convey the existing and anticipated future 100-year frequency flood discharge with no more than a 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a 10% increase in velocities.  The location of the REGULATORY FLOODWAY shall be delineated on the maps listed in Appendix B to Article XVIII of this Chapter.  Where interpretation is needed to determine the exact location of the REGULATORY FLOODWAY boundary, the IDNR/OWR should be contacted for the interpretation.

   REHABILITATIVE MAINTENANCE (ROADWAY).  Repair or maintenance that does not increase the traffic lanes and does not involve changes to the roadway elevation.

   REPAIR, REMODELING or MAINTENANCE.  Activities which do not result in any increases in the outside dimensions of a building or any changes to the dimensions of a structure.

   REPETITIVE LOSS.  Flood-related damages sustained by a structure on two (2) separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.

   REPORT.  A final order or report of decision rendered and/or recommendation made by the Zoning, Planning and Appeals Commission in a particular case which affects the legal rights, duties or privileges of persons and which terminates the proceedings in the case before the Zoning, Planning and Appeals Commission.

   RESIDE. The act of owning a dwelling unit that affords the owner a real estate tax Homeowners Exemption (or homestead exemption) because the dwelling unit is the owner's permanent abode and principal dwelling place and permanent home to which that owner intends to return and remain even though living elsewhere from time to time.

   RESIDENTIAL STRUCTURE.  A building, not including house trailers or mobile homes, designed or used for residential occupancy, including any single family residence, and any multiple-family residence structure, but not including hotels, motels, and boarding or lodging houses.

   RESTAURANT. Other than a boarding house, a business where food or meals are provided for compensation and for consumption on the premises located inside a building, including a café, cafeteria, coffee shop, dining room, lunchroom or tearoom; which may include the serving of alcoholic beverages when served with and incidental to the serving of meals; and which may contain a place of public assembly.

   RESTAURANT, DRIVE-IN.  A food service establishment with or without interior facilities for eating, which caters to and permits the consumption of food either in customer's automobiles parked on the premises or in any other designated area on the premises outside the establishment where the food so prepared, and in which the food is prepares for compensation and provided in disposable wrappers or containers.

   RETAINING WALL.  An artificial composition of wood, concrete, masonry or other material utilized in conjunction with a drainage and grading plan approved by the Village Engineer of the Village for the sole purpose of stabilizing soil and/or existing natural features.

   RETENTION FACILITY.  A structure designed to retain a specified amount of storm water runoff without release except by means of evaporation, infiltration, approved outfall or pumping; and may be a lake or a pond.

   RIGHT-OF-WAY.  A strip of land designated for use for vehicular or pedestrian access or passage or for installation of railroad tracks, utility lines, or similar facilities.

   RIGHT-OF-WAY, PRIVATE.  A right-of-way that has not been dedicated by prescription or otherwise to or accepted by any government agency.

   RIGHT-OF-WAY, PUBLIC.  A right-of-way that has been dedicated by prescription or otherwise to and accepted by a government agency.

   RIVERINE.  Relating to, formed by, or resembling a stream (including creeks and rivers).

   ROADSIDE DITCHES.  Drainage ditches within twenty-five (25) feet from the edge of the outside travel lane.

   RUNOFF.  The water derived from melting snow or rain falling on the land surface, flowing over the surface of the ground or collected in channels or conduits.

   SANITARY LANDFILL.  A place used for the disposal of garbage, refuse, solid wastes and/or other solid fill by spreading and covering earth with same.

   SCHOOLS.  Shall include parochial and other private schools, teaching a general educational curriculum and serving a public school district, parish, or similar local area, but not including student dormitories and colleges; dancing, music or nursery schools; or business trade, vocation or professional schools.

   SCREENING.  A structure erected or vegetation planted to conceal an area from view.

   SEDIMENTATION.  The processes that deposit soils, debris, and other materials either on other ground surfaces or in bodies of water or watercourses.

   SEMIPRIVATE STABLE.  A stable at which the operator provides for a fee, facilities to owners of horses for boarding care or training of ten (10) or more horses, including instruction in horsemanship.  A bona fide sale of a horse shall not be considered to be supplying or renting of a horse by the operator to a member of the public.

   SERVANT or DOMESTIC SERVANT.  A person who occupies servants quarters, paying no rent for such occupancy and paying no part of the cost of utilities therefor, having duties and performing services in the nature of those usually ascribed to a stable hand, groundskeeper and/or housekeeper for the care, convenience and comfort of the owner of the servants quarters.

   SERVANTS QUARTERS. Arranged, designed, and used without charge and without payment of rent as living quarters for a Domestic Servant or Domestic Servants: One or more rooms located in a Main House; or, in the event a special use permit has been granted for a lot in the R-1 Single Family Residence District for i) a dwelling unit in a building accessory to a separate and larger main house, ii) a large stable or iii) a guest house: One or more rooms located in such accessory building, large stable or guest house.

   SETBACK.  The minimal horizontal distance between the street line and the nearest wall of a building or side of a structure facing such street line, or edge of the area of operation of a principal use when no building or structure is involved.

   SEXUAL OR GENITAL AREA.  The genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of a female.

   SHORT TERM RENTAL.  A single room, dwelling, or portion thereof, located within a residential structure or mobile home offered for rent or rented for a period of less than ninety (90) consecutive days.

   SIDE LOT LINE.  The lot line of any lot between a front line and the rear lot line thereof unless such line lies opposite a front lot line, in which case such lot line shall be a rear lot line.

   SIDE YARD.  Upon any lot other than a lot-in-depth, that yard located adjacent to the side lot line and maintained, except for ingress and egress driveways and sidewalks, as open space. SIDE YARDS do not include any of the area of a front yard and/or a rear yard; and the depth of a SIDE YARD is measured by a line at right angles to the side lot line, or by the radial line in the case of curved side lot lines. However, with respect to a corner lot, any yard which abuts the SIDE YARD of an adjacent lot shall be a SIDE YARD and not a rear yard.

   SIMULTANEOUSLY IN IDENTICAL OWNERSHIP.  The same titleholder of record owns fee title to all of the land for which a special use permit has been granted.

   SINGLE-FAMILY RESIDENCE.  A building designed for use and occupancy by one family exclusively.

   SMC-APPROVED WETLAND BANK.  A wetland mitigation bank approved by the SMC that conforms with Appendix M of Article XVIII of this Chapter.

   SMC CHIEF ENGINEER.  A Registered Professional Engineer representing the Lake County Stormwater Management Commission as the Enforcement Officer of the Watershed Development Ordinance.

   SMC WETLAND RESTORATION FUND.  A fund that is administered and implemented for wetland impact mitigation that is approved and adopted by the SMC.

   SOUND LEVEL or DECIBEL METER.  An instrument standardized by the American Society for Testing and Materials (ASTM) for the measurement of the intensity of sound.

   SPECIAL EXCEPTION.  A relief from the otherwise applicable zoning restrictions of the zoning district within which the use is located for which the special exception is sought.

   SPECIAL FLOOD HAZARD AREA.  Any area subject to inundation by the base flood from a river, creek, stream, or any other identified channel or ponding and shown on the regulatory floodplain map as listed in Appendices B, C, or D.

   SPECIFIED ANATOMICAL AREAS.  Any of the followings:

      1.   Less than completely and opaquely covered:

         a.   Human genitals, pubic region;

         b.   Buttock; and

         c.   Female breast below a point immediately above the top of the areola.

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

   SPECIFIED SEXUAL ACTIVITIES.  Any of the following:

      1.   Human genitals in a state of sexual stimulation or arousal;

      2.   Acts of human masturbation, sexual intercourse or sodomy; or

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

   SPECIAL FLOOD HAZARD AREA (SFHA).  Those lands within the jurisdiction of the Village that are subject to inundation by the base flood.  The SFHA's of the Village are identified generally as such on the Flood Insurance Rate Map of the Village prepared by the Federal Emergency Management Agency, as same may be amended from time to time.  The SFHA's of those parts of unincorporated Lake County that are in the extraterritorial jurisdiction of the Village or that may be annexed into the Village are identified generally as such on the Flood Insurance Rate Map prepared for Lake County by the Federal Emergency Management Agency, as same may be amended from time to time.

   SPECIAL USE or CONDITIONAL USE.  An allowable use which may be commenced in a given zoning district upon the granting of a permit therefor by the President and Board of Trustees upon a finding that such use meets certain specified standards.

   SPECIAL USE PERMIT.  The permit issued by ordinance in accord with this Chapter.

   STABLE.  A building designed for the keeping and maintenance of and wherein horses are kept and maintained.

   STABLE HANDS.  Any persons employed for the purpose of tending horses and/or facilities therefor, including but not limited to barn managers and groomers.

   STALL. A compartment in a stable for a horse consisting of a minimum inside area, of eleven and one-half (11½) feet by eleven and one-half (11½) feet.

   STATIONERY STORE.  An establishment which is not an adult book store and which deals in books and other printed material.

   STEM.  Considered the principal frontage of the lot-in-depth, the extended portion of a lot-in-depth which provides access to a street and although considered a part of a lot-in-depth but unbuildable (except for paved driveways, trails and walkways), no portion of a STEM shall be a yard or be included in the calculation of maximum lot coverage.

   STORMWATER MANAGEMENT.  A set of actions taken to control stormwater runoff with the objectives of providing controlled surface drainage, flood control and pollutant reduction in runoff.

   STORMWATER MANAGEMENT COMMISSION or SMC.  The Lake County Stormwater Management Commission established and existing under 55 ILCS 5/5-1062 for the purpose of developing, revising and implementing a countywide stormwater management plan.

   STORMWATER MANAGEMENT SYSTEM.  The collection of natural features and manmade facilities, including detention facilities and/or retention facilities, which define the stormwater management for a development.

   STORY.  That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above then the space between the floor and the ceiling next above it.

   STREAM.  A course of running water flowing in a channel (includes creeks and rivers).

   STREET.  A public or private way other than an alley, which affords a primary means of access to abutting property.

   STREET LINE.  A line separating a street right-of-way from other land, which line may be coextensive with front lot lines.

   STREET, PRIVATE.  Any street other than a public street and other than a driveway.

   STREET, PUBLIC.  A street that has been dedicated to and accepted by, under the jurisdiction of, or otherwise acquired by, a government agency.

   STRUCTURE.  Unless otherwise specified in this Chapter, anything manmade and artificially built up or composed of parts joined together in some definite manner and so constructed or erected, or any production or piece of work, the use of which requires permanent or temporary location in or upon the land or requires attachment to something having a permanent location above, on, or below the ground, including for example but not limited to: An advertising sign, an air conditioning compressor unit, a gas or liquid storage tank, a backstop for a tennis court, a billboard, a building, building foundation (including a foundation constructed for the installation of a manufactured home), signs, fences, gospel and circus tents, platforms, radio and television antennae (including supporting towers), a manufactured home, a prefabricated building, a manmade lake having a depth of more than twenty-four (24) inches, a manmade pond having a depth of more than twenty-four (24) inches, a reviewing stand, stadium, a swimming pool, etc.

   STRUCTURE, TEMPORARY.  A structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

   STRUCTURAL ALTERATIONS.  See “Alterations, Structural.”

   SUBDIVIDE.  To divide a lot or a site again after the first division.

   SUBSTANTIAL IMPROVEMENT.  Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

      1.   Before the improvement or repair is started;

      2.   If the structure has been damaged and is being restored, before the damage occurred; and (This term includes structures which were damaged whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty percent (50%) of the market value before the damage occurred, regardless of the actual repair work performed. For the purposes of this definition SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.)

      3.   The term does not, however, include either:

         a.   Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

         b.   Any alteration of an “historic structure,” provided that the alteration will not preclude the structure's continued designation as an “historic structure.”

   SWALE.  A vegetated channel, ditch or low-lying or depressional tract of land that is periodically inundated by conveying stormwater from one point to another.

   SWIMMING POOL.  Any temporary or permanent artificial pool or receptacle for water, including apparatus and equipment appurtenant thereto, installed, constructed or maintained in, on, or above ground (not including those enclosed and located entirely within a building), having a perimeter of more than twenty-five (25) feet and a depth of more than two (2) feet at any point.

   TANNING FACILITY.  A room or a booth, or not exceeding two (2) rooms or booths, accessory to a beauty parlor and/or barber shop that houses ultraviolet lamps or products containing lamps intended for the irradiation of any part of the living human body for cosmetic or nonmedical related purposes but does not include any hotel or motel guest rooms where sunlamps are installed in the restroom area.

   TANNING SALON.  A building that contains no barber shop or beauty parlor but does contain a room or a booth or group of rooms or booths (which may exceed two (2) rooms or booths) that houses ultraviolet lamps or products containing lamps intended for the irradiation of any part of the living human body for cosmetic or nonmedical related purposes but does not include any hotel or motel guest rooms where sunlamps are installed in the restroom area.

   TECHNICAL REFERENCE MANUAL or TRM.  The Lake County Stormwater Management Commission Technical Reference Manual, which contains guidance for a development site to meet the Lake County Watershed Development Ordinance performance standards.

   THEATER.  An establishment other than an adult motion picture theater or an adult mini picture theater used to observe films and other visual material.

   TOWER, INCLUDING SELF-SUPPORTING LATTICE TOWERS, GUY TOWERS, or MONOPOLE TOWERS.  Any structure, typically higher than its diameter and high relative to its surroundings, that is designed and constructed primarily for the purpose of supporting one (1) or more receiving and/or transmitting radio, television and/or microwave antennas; bells; windmills; etc. The term encompasses radio and/or television receiving or transmission towers, microwave towers, common-carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like.

   TRANSITION SECTION.  Reaches the stream or regulatory floodway where water flows from a narrow cross-section to a wide cross-section, or vice versa.

   TRANSITIONAL YARD.  Any front yard, rear yard, and/or side yard located in a commercial or industrial zoning district but lying adjacent to a residential zoning district.

   USE.  The purpose for which land or a structure is designed, arranged, or intended and for which it is occupied or maintained, let, or leased.

   USE, PRINCIPAL.  The main use of land or buildings as distinguished from a subordinate or accessory use.

   VARIATION.  An authorization for the construction or maintenance of a building or structure following a hearing and finding that such building or structure, which is otherwise prohibited by this Chapter, meets certain specified standards.

   VIDEO.  A videotape or video disc copy of a motion picture film.

   VIDEO STORE.  An establishment which is not an adult video store and which deals in videos and/or other motion pictures.

   VILLAGE.  The Village of Mettawa, Illinois.

   VILLAGE CLERK. The Village Clerk of the Village.

   VILLAGE CODE.  "The Municipal Code of the Village of Mettawa of 2001," as amended from time to time following its adoption.

   VISITING HORSE. A horse owned by a person brought upon the lot of another person and remaining there for less than twenty (20) consecutive or non-consecutive hours within a given twenty-four (24) hour period.

   WATER DEPENDENT.  Structures or facilities relating to the use of, or requiring access to, the water or shoreline. Examples of water dependent uses include but are not limited to pumping facilities, wastewater treatment facilities, and facilities and improvements related to recreation boating or commercial shipping.

   WATERS OF THE UNITED STATES.  For the purpose of Article XVIII of this Chapter, those water bodies and wetland areas that are under the U.S. Army Corps of Engineers jurisdiction.

   WATERSHED.  The land area above a given point on a channel that contributes stormwater to that point. In Lake County, the four (4) major watersheds are officially defined as: The Lake Michigan Watershed, the North Branch of the Chicago River, the Des Plaines River Watershed, and the Fox River Watershed.

   WATERSHED BENEFIT.  A decrease in flood damages to structures upstream or downstream of the development site created by installation of the stormwater management system. The benefit must be beyond the benefit provided by meeting the minimum Lake County Watershed Development Ordinance standards and TRM guidance.

   WATERSHED DEVELOPMENT PERMIT.  A permit established by Article XVIII of this Chapter and issued, through the SMC or the City, prior to the approval of a building permit signifying conformance with provisions of this Article XVIII of this Chapter.

   WET DETENTION FACILITY.  Designed to maintain a permanent pool of water after the temporary storage of stormwater runoff.

   WETLAND.  Wetlands are land that are 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 IMPACT.  Isolated Waters of Lake County or Waters of the U.S. that are hydrologically disturbed or otherwise adversely affected by flooding, filling, excavation, or drainage which results from implementation of a development activity. Any development activity with the boundaries of a delineated wetland.

   WIND ENERGY CONVERSION SYSTEMS or WECS.  Mechanisms, including all appurtenances thereto, designed or operated for the purpose of converting wind energy to electrical or mechanical powers. See also WINDMILL or WIND TURBINES.

   WINDMILL or WIND TURBINES. A mill or turbine operated by the wind's rotation of large, oblique sails or vanes radiating from a shaft, used as a source of power. See also WIND ENERGY CONVERSION SYSTEMS or WECS.

   WIRELESS TELECOMMUNICATIONS SERVICE TOWER.  Any ground-mounted pole, spire, structure or combination thereof including a mast, intended primarily for the purpose of mounting an antenna.

   YARD.  Collectively referring to any or all yards required in this Chapter, whether those within a lot-in-depth or a front yard, rear yard and/or side yard.

   ZONING ADMINISTRATOR or BUILDING AND ZONING DIRECTOR or DIRECTOR OF BUILDING AND ZONING. The Village Zoning Administrator appointed by the Village President and such deputies or assistants as have been or shall be duly appointed. That officer is hereby authorized and it is his duty to administer and enforce the provisions of this Chapter, making such determinations, interpretations, and orders as are necessary therefor and requiring such plats, plans, and other descriptive material in connection with all applications for permits as are necessary for him to judge compliance with this Chapter.

   ZONING CODE or ZONING ORDINANCE or THIS CHAPTER. This Chapter 15 (Zoning) of the Municipal Code of the Village of Mettawa of 2001, as amended.

   ZONING MAP.  The map incorporated herein as a part hereof, designating zoning districts and attached hereto as Article XVII.

(Ord. 397, passed 5-12-99; Am. Ord. 406, passed 11-10-99; Am. Ord. 470, passed 6-13-2001; Am. Ord. 485, passed 6-29-2002; Am. Ord. 533, passed 1-18-2005; Am. Ord. 565, passed 8-15-2006; Am. Ord. 575, passed 12-19-2006; Am. Ord. 586, passed 5-15-2007; Am. Ord. 688, passed 5-17-2011; Am. Ord. 709, passed 12-13-2011; Am. Ord. 747, passed 12-17-2013; Am. Ord. 822, passed 4-17-2018)