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SECTION 15.704. USE DEFINITIONS.
   All uses within Table 7-1 are defined in this section. Certain uses are defined to be inclusive of many uses. When a use meets a specific definition, it is regulated as such and is not regulated as part of a more inclusive use category.
   ADULT USE. Adult is defined as follows:
      1.   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.
      2.   ADULT ENTERTAINMENT CABARET. A public or private establishment which, live or on motion pictures, features any of the following:
         a.   The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, oral copulation, flagellation or any sexual acts which are prohibited by law.
         b.   The actual or simulated touching, caressing or fondling of the breasts, buttocks, anus or genitals.
         c.   The actual or simulated displaying of the breasts, pubic hair, anus, vulva or genitals.
         d.   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 tn explicit simulation of, the specified sexual activities set forth above.
      3.   ADULT MINI MOTION PICTURE AND/OR VIDEO THEATER. An enclosed building or an area within a building, having a capacity for less than 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.
      4.   ADULT MOTION PICTURE THEATER. An enclosed building, or an area within a building, having a capacity of 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.
      5.   SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered: human genitals and pubic region; buttock; and female breast below a point immediately above the top of the areola.
      6.   SPECIFIED SEXUAL ACTIVITIES. Any of the following:
         a.   Human genitals in a state of sexual stimulation or arousal.
         b.   Acts of human masturbation, sexual intercourse or sodomy.
         c.   Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
   AGRICULTURAL USES. All of the processes of planting, growing, cultivating, harvesting of crops for the production of food, fiber, silviculture and forest products, flowers, apiaries, aviaries, orchards, non-and non-commercial green houses. The term agricultural use does not include the raising or keeping farm animals except as allowed in Chapter 12, Sections 12.105 and 12.106 of the Village Code of Ordinances. An agriculture use is allowed only as an accessory use to an associated single-family residential dwellings for the residents.
   ART GALLERY. An establishment that sells, loans and/or displays paintings, sculpture, photographs, video art, or other works of art. Art gallery does not include places of public assembly, such as a library or museum, which may also display paintings, sculpture, photographs, video art, or other works.
   ARTS AND FITNESS STUDIO. An establishment where an art or activity is taught, studied, or practiced such as dance, martial arts, photography, music, painting, gymnastics, pilates, or yoga. An arts studio also includes private exercise studios for private sessions with trainers and/or private classes. Arts and fitness studio do not include health clubs and indoor recreation.
   BOTANICAL GARDEN. An establishment where plants are grown for display to the public and often for scientific study.
   DAY CARE CENTER. A licensed facility where, for a portion of a day, care and supervision is provided for children or elderly and/or functionally-impaired adults in a protective setting that are not related to the owner or operator. Day care centers within a residential dwelling are prohibited.
   DRIVE-THROUGH FACILITY. That portion of a business where business is transacted directly with customers via a service window that allows customers to remain in their vehicle. A drive through facility must be approved separately as a principal use when in conjunction with another principal uses such as restaurants and financial institutions. A standalone ATM is considered a drive-through facility for the purposes of this definition.
   DWELLING - SINGLE-FAMILY. A structure designed to contain one 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.
   DWELLING - GUEST HOUSE. A detached residence accessory to the principal building containing one dwelling unit that is used as temporary living quarters for guests, none of whom pay rent, who are visiting persons who live in a separate principal building located upon the same lot.
   EDUCATIONAL FACILITY - VOCATIONAL/TRADE. A facility that offers instruction in industrial, clerical, computer, managerial, automotive, repair (electrical, plumbing, carpentry, etc.), or commercial skills, or a business conducted as a commercial enterprise, such as a school for general educational development. Educational facility - vocational also applies to privately operated schools that do not offer a complete educational curriculum.
   FINANCIAL INSTITUTION. A bank, savings and loan, credit union, or mortgage office. Financial institution does not include alternative financial services (AFS) which are financial services provided outside a traditional banking institution. AFS includes payday loans, tax refund anticipation loans, car title loans, check cashing establishments, and currency exchanges.
   FOREST PRESERVE. Designated open space owned and operated by the Lake County Forest Preserve District, and Parks owned and operated by the Village that preserves and protects natural features, wildlife, and critical environmental features, as well as sites of historical or cultural significance. A forest preserve may include opportunities for passive recreation, such as hiking trails and lookout structures, and environmental education.
   GAS STATION. A business where fuel for vehicles are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. This may also include ancillary retail uses, one automatic car wash facility (one stall), and solar and/or electric charging stations.
   GOVERNMENT OFFICE. Offices owned, operated, or occupied by a governmental agency to provide a governmental service to the public, such as village and state offices and facilities.
   HEALTH CLUB. An establishment that provides health and fitness facilities such as running, jogging, aerobics, weight lifting, court sports, and swimming, and may include ancillary facilities such as locker rooms, showers, massage rooms, saunas, sales of related health equipment and clothing, juice bars, and other related uses.
   HOTEL. A building where units with bedrooms and baths are offered for compensation to provide lodging for transient guests. A bed and breakfast or short term rental is not a hotel.
   INDOOR RECREATION. A facility for spectator and participatory uses conducted within an enclosed building, such as movie theaters, bowling alleys, escape room/physical adventure game facilities, and pool halls. Indoor amusement facilities do not include live performance venues. An indoor amusement facility may include uses such as, but not limited to, concession stands, restaurants, and retail sales as ancillary uses.
   MEDICAL CANNABIS CULTIVATION FACILITIES. 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 FACILITIES. 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/DENTAL CLINIC. A facility operated by one or more physicians, dentists, chiropractors, psychiatrists, physiotherapists, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. Medical/dental offices also include alternative medicine clinics, such as acupuncture and holistic therapies, and physical therapy offices for physical rehabilitation.
   OFFICE. An establishment that engages in the processing, manipulation, or application of business information or professional expertise. Such an OFFICE may or may not offer services to the public. An OFFICE is not materially involved in fabricating, assembling, or warehousing of physical products for the retail or wholesale market, nor engaged in the repair of products or retail services. An OFFICE does not include financial institution or government office.
   OFFICE AND LIGHT INDUSTRIAL PARK. Coordinated developments of office and light industrial uses with no outside impacts that are developed in campus-like environments, and typically with multiple buildings oriented around plazas or public spaces with a cohesive appearance.
   OPEN SPACE. Land and facilities that serve the recreational needs of residents and visitors. Open space includes, recreational facilities such as playgrounds, ballfields, athletic fields, basketball courts, tennis courts, dog parks, and passive recreation areas with hiking, bicycle, and horse trails. Public parks may also include non-commercial indoor recreation facilities.
   PERSONAL SERVICES. An establishment that provides frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty shops, barbershops, tanning salons, electronics repair shops, nail salons, laundromats, health clubs, dry cleaners, and tailors.
   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. Public assembly uses included uses such as places of worship, aquariums, libraries, museums, and schools.
      1.   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.
      2.   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.
      3.   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 he avy traffic impact and intended to attract substantial numbers of persons from outside the corporate limits of the Village.
   RADIO/TELEVISION TOWERS - TRANSMITTING & RECEIVING EQUIPMENT. Towers used for broadcasting and information relay services for radio and television signals.
   RESEARCH AND DEVELOPMENT. A facility where research and development is conducted in industries that include, but are not limited to, biotechnology, pharmaceuticals, medical instrumentation or supplies, communication, and information technology, electronics and instrumentation, and computer hardware and software. Research and development does not involve the manufacture, fabrication, processing, or sale of products.
   RESTAURANT.  An establishment where food and/or beverages are provided to the public, which may be offered for on premises consumption by seated patrons, delivery, carry-out, or a combination of such.
   RETAIL SALES. A commercial enterprise that provides physical goods, products or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. A retail goods establishment does not include auction houses, antique shops, consignment shops, or secondhand goods dealer.
   SHOWROOM. An establishment where products are displayed for sale, such as furniture, appliances, carpet, tile, or furnishings. Products are available for purchase but are not manufactured on site and typically not available for immediate removal from the premises and are rather delivered to the purchaser.
   VEHICLE RENTAL ESTABLISHMENT - SECONDARY. An establishment that rents automobiles, including incidental parking and servicing of rental vehicles. VEHICLE RENTAL ESTABLISHMENT does not include truck rental establishments or rental of heavy equipment. As a secondary use, it may not be a standalone establishment and must be part of another principal use on the site as regulated by the use standards.
   WIND ENERGY CONVERSION SYSTEM (WECS). Mechanisms, including all appurtenances thereto, designed or operated for the purpose of converting wind energy to electrical or mechanical powers.
   WIRELESS FACILITY, SMALL. A wireless telecommunications facility that meets both of the following qualifications: 1) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and 2) all other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
   WIRELESS TELECOMMUNICATIONS. Towers, antennas, and facilities used to transmit and receive signals that facilitate wireless telecommunications. The following definitions describe the wireless telecommunications infrastructure described within the general definition for wireless telecommunications:
      1.   ANTENNA. A specific device, the surface of which is used to transmit and/or receive signals transmitted to or from other antennas. This does not include satellite dish antennae.
      2.   FACILITY. A structure used to house and protect the equipment necessary for processing telecommunications signals, which may include air conditioning equipment and emergency generators. Facility also includes any necessary equipment that facilitates wireless transmission.
      3.   TOWER. A structure designed and constructed to support one or more wireless telecommunications antennae and including all appurtenant devices attached to it.
(Ord. 885, passed 11-21-2023)