The following are definitions of general terms used throughout this Chapter with the exception of use definitions, which are defined in Article 7.
ABUT. To share a common wall or lot line without being separated by a street or alley.
ACCESSIBILITY RAMP. A ramp or similar structure that provides wheelchair or similar access to a structure.
ACCESS. A way or means of approach to provide physical entrance to a property or capability for physical entrance to a property.
ACCESSORY STRUCTURE. A subordinate detached structure located on the same lot as a principal building, the use of which is subordinate to that of the principal building or use of the lot. An accessory structure includes an accessory building.
ACCESSORY STRUCTURE, DETACHED. An accessory structure surrounded by open space located on the same lot as the principal building.
ACCESSORY USE. A use which is ancillary or customarily incidental to the principal use of or upon the lot.
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.
ADDITION. Any change that increases the floor area or height of the building or structure.
ADJACENT. Touching, lying immediately next to, abutting, and/or sharing a common wall or lot line.
ALLOWABLE USE. A use allowed in a given zoning district under the terms of this Chapter as either a permitted use or special use.
AMATEUR (HAM) RADIO EQUIPMENT. An amateur (HAM) radio station licensed by the Federal Communications Commission (FCC), including equipment such as, but not limited to, a tower or building-mounted structure supporting a radiating antenna platform and other equipment.
ANTENNA. 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 does not include a satellite dish of less than 40 inches at its widest point.
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 includes antennas, base pad, and other appurtenances and is 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 is 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.
ARCHITECTURAL FEATURE. A part or projection that contributes to the aesthetics of a structure, exclusive of signs, that is not necessary for the structural integrity of the structure or to make the structure habitable.
ARENA/ARENA BUILDING. A large horse barn accessory to a large stable for horses that may include an indoor ring or riding area for the sole use of the residents of the development and their guests.
ASSEMBLY SPACE. An area within any place of public assembly, whether within a 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.
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.
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.
BAY WINDOW. A window that projects outward from the structure, which does not rest on the building foundation or on the ground.
BED AND BREAKFAST. A single-family residential dwelling where a resident/owner, who lives on the premises, provides lodging for a daily fee in guest rooms with no in-room cooking facilities and prepares meals for guests.
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.
BOARD OF TRUSTEES or PRESIDENT AND BOARD OF TRUSTEES. The President and Board of Trustees of the Village of Mettawa, Lake County, Illinois.
BUFFER YARD. An area within a property containing trees, shrubs, fences, walls, and berms, or any combination thereof, used to visually separate or screen the use of one property from another property, or to block noise, artificial light or other potential nuisances.
BUILDING. A structure entirely enclosed with at least three substantial walls and a roof, securely affixed to the land, which is designed or intended for shelter, occupancy or use.
BUILDING ENVELOPE/BUILDING PAD SITE. 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 HEIGHT APPURTENANCE. In regard to building height, a functional or ornamental object accessory to and part of a building located on or above the main rooftop. Building appurtenances include, but are not limited to, chimneys, parapet walls, skylights, elevator bulkheads, rooftop accessory structures, necessary mechanical appurtenances, or penthouses to house mechanical appurtenances.
BUILDING LINE. A line measured at the building wall of a structure between parallel lot lines. For the purposes of establishing a building line, the building wall does not include permitted encroachments of architectural features, such as eaves, steps and stoops.
BULK REGULATIONS. The zoning regulation of the depth of yards, and building setback, the height and location of buildings upon any parcel or lot and similar matters including but not limited to gross floor area, front yards, rear yards and side yards, lot size, lot coverage and maximum building height.
CANOPY. A roof-like structure with posts or other ground support, constructed to provide shelter to pedestrians or vehicles.
CARPORT. A canopy for vehicle storage, open on three sides and attached to a principal 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.
CELLAR. A building level having more than one-half (1/2) of its height below grade.
CHIMNEY. A vertical shaft of reinforced concrete, masonry or other approved material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid, or gaseous fuel.
CO-LOCATION. Placement of equipment from more than one service or service provider on a single tower or site.
COLDFRAME STRUCTURE. A temporary unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plants from the cold.
COMMERCIAL USE. An activity conducted with the intent of realizing a profit from the sale of goods or services to others, including office uses. For the purpose of this Chapter, a COMMERCIAL USE also includes the operation of nonprofit organizations.
COMMERCIAL WECS. A Wind Energy Conversion System (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. Natural features, public and private underground utilities, portions of a stormwater management system that consist of no structure having a height in excess of 24 inches 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 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 unit developments, units of ownership or legal authority to act on behalf of all owners which must be evidenced by deed, contract, or other written guarantee.
COMPREHENSIVE PLAN. The Official Mettawa Comprehensive Plan, as same may be amended from time to time.
CONSERVATION EASEMENT. An easement granted in order to assure the continued existence of open space for the benefit of the public.
CONTIGUOUS OWNERSHIP. Ownership of any parcel or other tract of land by any person who simultaneously holds ownership of any adjacent parcel or tract of land.
CUL-DE-SAC. A vehicular turnaround located at the termination of a dead-end street.
DAMAGE. Any destruction of or loss to real property including but not limited to that caused by fire, windstorm, flooding, or act of God.
DAY. A calendar day.
DISTRICT or ZONING DISTRICT.
DRIVEWAY. A private access way that provides direct access from a street to not more than one lot or principal building or use, unless otherwise allowed by this Chapter.
DWELLING UNIT. One or more rooms in a building providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. The term DWELLING UNIT does not include hotel rooms.
EASEMENT. The right and privilege of a person to use the land of another for a specific purpose by lawful agreement.
EAVE. The projecting lower edges of a roof overhanging the wall of a structure.
ENCROACHMENT. The extension or placement of any structure, or a component of such, into a required setback or right-of-way.
EXTERIOR LIGHTING. The illumination of an outside area or object by any man-made device that produces light by any means.
FAA. The Federal Aviation Administration of the United States of America.
FCC. The Federal Communications Commission of the United States of America.
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.
FENCE, SOLID. A fence, which may include gates, that has thick or dense appearance or texture over its entire vertical and horizontal height and length having no distributive open breaks or divisions and which conceals adjoining properties from view. A shadowbox design fence is considered a solid fence.
FOOT CANDLE. The illumination in all points one foot distant from a uniform light source of one candle power.
FOOTPRINT. The specific area depicted upon a perimeter site plan which demonstrates the exact boundaries of structures, existing or proposed.
FRONTAGE. The portion of a lot or parcel of property extending along a street or right-of-way.
GARAGE. A structure, either attached or detached, designed and/or used for the parking and storage of vehicles. A detached garage is an accessory structure to a residence.
GLARE. Light emitting from a luminaire with an intensity great enough to reduce a viewers' ability to see, cause discomfort, and, in extreme cases, cause momentary blindness.
GOVERNMENT OFFICES. See Section 15.04.
GRADE. See Section 15,204.
HEDGE. A row of closely planted shrubs, bushes, or any kind of plant forming a boundary.
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.
4. Individually listed on a local inventory of historic places that has been certified by the Illinois Historic Preservation Agency.
HOME OCCUPATION. Any commercial activity conducted by a resident upon residentially zoned property.
INFRASTRUCTURE. Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities, including, but not limited to, water lines, sewer lines, and rights-of-way.
INTENSITY OF USE. Square feet of gross floor area, number of dwelling units, number of employees, or other factor used as a basis for requiring off-street parking or loading facilities.
INVASIVE SPECIES. A species that is not native to a geographical location and that has a tendency to spread to a degree believed to cause damage to the native environment.
KENNEL. The use of land and structures for the breeding and/or boarding of dogs for commercial purposes.
LARGE STABLES. Buildings and related structures for the keeping and stabling of more than five horses allowed pursuant to special use ordinance, applicable court order, or court approved agreement, approved and existing prior to November 21, 2023.
LEGAL DESCRIPTION. The description of real property established by law and created in specific cases from real property surveys drawn by licensed land surveyors.
LIVERY STABLE. A stable from which horses are available for rent and/or for sale to the general public.
LOADING SPACE. A space within a loading area exclusive of driveways, aisles, maneuvering areas, ramps, columns, landscape, and structures for the temporary parking of a commercial delivery vehicle while loading or unloading goods or materials.
LOAFING SHED. Accessory to a stable, a roofed-over three-sided structure, not a building, having a maximum area of 300 square feet, for the sheltering of horses from the elements on a temporary basis.
LOT LINE. See Section 15,204.
MAINTAIN - HORSES. To keep, sustain, support and/or provide for a horse for 20 or more consecutive or non-consecutive hours within a given 24-hour period.
MANUFACTURED HOME. A manufactured home dwelling is a prefabricated structure that is regulated by the U.S. Department of Housing and Urban Development (HUD), via the Federal National Manufactured Housing Construction and Safety Standards Act of 1974, rather than local building codes. A MANUFACTURED HOME is built in a factory on an attached chassis before being transported to a site. MANUFACTURED HOMES include those transportable factory-built housing units built prior to the Federal National Manufactured Housing and Safety Standards Act (HUD Code), also known as mobile homes. Modular homes are not considered MANUFACTURED HOMES, and refer to a method of construction for a dwelling.
MANUFACTURED HOME PARK. A parcel of land with single control or unified ownership that has been planned and improved for the placement of manufactured homes for residential use.
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.
MODULAR HOME. Modular buildings and modular homes are not considered manufactured homes, and refer to a method of construction. Modular buildings and modular homes are built in multiple sections called modules at a facility and then delivered to the site where the modules are set onto the building's foundation and joined together to make a single building. Modular buildings and modular homes must conform to all zoning requirements for the dwelling type and must meet all local building code requirements.
NON-ASSEMBLY SPACE. An area within any place of public assembly, whether within a structure or out of doors, used for offices, research and/or storage and not open to the general public for public assembly.
NONCONFORMING LOT. A lot of record that at one time conformed to the lot dimension requirements of the zoning district in which it is located, but because of subsequent amendments to the Zoning Ordinance no longer conforms to the applicable lot dimensions.
NONCONFORMING SITE ELEMENT. A site development element, such as landscape or lighting, that was constructed or installed in conformance with the applicable zoning regulations, but because of subsequent amendments to the Zoning Ordinance, no longer conforms to the current requirements.
NONCONFORMING STRUCTURE. A principal or accessory structure that at one time conformed to applicable zoning regulations, but because of subsequent amendments to the Zoning Ordinance no longer conforms to applicable dimensional regulations.
NONCONFORMING USE. The use of a structure or land that at one time was an allowed use within a zoning district, but because of subsequent amendments to the Zoning Ordinance is no longer allowed.
OPEN SPACE. That portion of land, either landscaped or left unimproved, which is used to meet active or passive recreation or spatial needs, and/or to protect water, air, or plant resources.
OPEN SPACE, USABLE. Open space which has slopes of less than 10% has all dimensions equal to a minimum of 20 feet, is located not less than 20 feet from residential wall containing a window, and is easily accessible by all residents occupying the same parcel or related parcels.
OWNER. The holder of legal or equitable title to and control over any land. Whenever a statement of ownership and/or an application is required, 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.
PARKING FACILITY. A parking lot and/or parking structure. PARKING FACILITY does not include parking areas for single family dwellings or guest house dwellings.
PARKING LOT. An open area, other than a street, used for the storage of operable passenger motor vehicles, whether for compensation or at no charge. Parking areas accessory to a single-family dwelling or guest house are not considered parking lots.
PARKING STRUCTURE. A structure of one or more levels or floors used for the parking or storage of operable passenger motor vehicles, whether for compensation or at no charge. Parking structures, including detached and attached garages, accessory to a single-family dwelling or guest house are not considered PARKING STRUCTURES.
PARTY WALL. A wall starting from the foundation and extending continuously through all stories to or above the roof that separates one building from another, but is in joint use by each building.
PATIO. A surfaced area other than a deck, which is used for sitting or passive recreation.
PERIMETER. The boundary of all of the land held in contiguous ownership.
PERSON. Any individual, partnership, firm, association, joint stock company, corporation, unit of government or any combination of individuals of whatever form or character.
PERSONAL WIRELESS SERVICE/PERSONAL WIRELESS COMMUNICATIONS FACILITY. The definition as contained in Title 47, United States Code, Section 332(C)(7)(c) and may include commercial wireless telecommunication services.
PERVIOUS PAVING. A range of sustainable materials and techniques for permeable paving with a base and sub-base that allow the movement of stormwater through the surface. Gravel and loose rock are not considered pervious paving.
PORCH. A roofed-over platform that is raised more than six 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. A porch is open on all sides that do not abut a principal building wall.
PRINCIPAL BUILDING. The main or primary building 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.
RECONSTRUCTION. The act of rebuilding a structure or building.
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 Village.
RECREATIONAL VEHICLE. Any vehicle or boat designed for temporary living quarters, recreation, or temporary human habitation and not used as a commercial vehicle including, but not limited to, the following: boat/watercraft, camper trailer, motorized trailer, off-road vehicle, racing car or cycle, travel trailer, and truck camper.
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.).
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.
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.
SATELLITE DISH ANTENNA. A dish antenna designed for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication or other signals from other antennas, satellites or other services.
SCREENING. A structure erected or vegetation planted for the purpose of concealing an area from view.
SHED. An accessory structure, often purchased pre-built or as a kit in prefabricated sections, that is not designed to be served by heat or plumbing and does not need to be placed on a permanent foundation. A shed is typically intended to store lawn, garden, or recreational equipment.
SHORT TERM RENTAL. A single room, dwelling, or portion thereof within a residential dwelling or detached accessory structure offered for rent or rented for a period of less than 90 consecutive days.
STABLE. A building designed for the keeping and maintenance of and wherein horses are kept and maintained.
STACKING SPACE. A space specifically designed and designated as a waiting area for vehicles patronizing a drive- through facility or service bay.
STOOP. An exterior floor typically constructed of stone, concrete, and/or masonry, with a finished floor elevation higher than the adjacent ground level, often with steps leading up to it, and utilized primarily as an access platform to a structure. A stoop may be roofed and designed with railings but cannot be enclosed.
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. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, including but not limited to buildings, garages, sheds, gazebos, decks, pools, walls, fences, etc.
STRUCTURAL ALTERATION. Any change 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, but not including openings in bearing walls as permitted by ordinance.
SUBDIVIDE. To divide a lot or a parcel of land.
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.
TEMPORARY STRUCTURE. A structure without any foundation or footings and which is movable and not meant to be placed on a permanent basis.
TOWER (INCLUDING SELF-SUPPORTING LATTICE TOWERS, GUY TOWERS, 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 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.
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.
VILLAGE. The Village of Mettawa, Lake County, Illinois.
VILLAGE CLERK. The Village Clerk of the Village of Mettawa, Lake County, Illinois.
VISITING HORSE. A horse owned by a person brought upon the land of another person and remaining there for less than 20 consecutive or non-consecutive hours within a given 24 hour period.
WIND TURBINES/WINDMILL. 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.
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.
ZONING ADMINISTRATOR. The Village Zoning Administrator appointed by the Village President and such appointed assistants.
ZONING LOT. A lot or combination of lots, which is designated by its owner or developer to be used, developed, or built upon as a unit. A ZONING LOT may coincide with a lot of record or may be comprised of one or more lots of record.
ZONING MAP. The map or maps that are approved from time to time by the President and Board of Trustees and which delineate the boundaries of all mapped zoning districts within the physical boundary of the Village.
(Ord. 885, passed 11-21-2023)