11-1-3: DEFINITIONS:
The following words and terms when used in this title shall have the meanings set forth below, except where otherwise specifically indicated:
ABANDONMENT: To cease or discontinue a use or activity without intent to resume, but excluding temporary or short term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. Abandonment of property and/or the use thereof shall be determined by, but not limited to, the following: nonpayment of property taxes, lack of general maintenance and/or lack of required utilities.
ACCESSORY BUILDING OR STRUCTURE: A building located on the same zoning lot as the principal building used for activities designated as a permitted accessory use under the provisions of this title, which are customarily incidental and/or subordinate to the principal use established, conducted, and/or maintained on said lot.
ACCESSORY USE: A building or use which:
   A.   Is subordinate to and serves a principal building or principal use.
   B.   Is subordinate in area, extent or purpose to the principal building or principal use served.
   C.   Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served.
   D.   Is located on the same zoning lot as the principal building or potential use served with the single exception of such accessory off street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.
   E.   Is under the same ownership and control as the principal structure or use.
ADJACENT: Lying near or in the immediate vicinity.
ADJOINING: Touching or contiguous, as distinguished from lying near.
ADULT BOOKSTORE AND/OR VIDEO STORE: An establishment having as a significant or substantial portion of its stock in trade books, magazines, periodicals or other printed matter, and/or photographs, films, motion pictures, videocassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT BUSINESS: Any establishment having as a substantial or significant portion of its stock in trade or business activity in a use such as, but not limited to, the following: adults only bookstores, adults only motion picture theaters, adult entertainment centers, rap parlors, adults only nightclubs or adults only saunas, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ADULT CARD, GIFT, OR NOVELTY STORE: An establishment having as a significant or substantial portion of its stock in trade items such as cards, games, articles of clothing and novelties which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT BUSINESS: Synonymous with "adult business", as defined herein.
ADULT ENTERTAINMENT CENTER: An enclosed building or part of an enclosed building, which contains one or more coin operated mechanisms which when activated permit a customer to view a live nude person or in such attire, costume or clothing as to expose to view the human male or female genitalia; pubic hair; buttocks; perineum; anal or pubic regions; or, female breast, at or below the areola thereof. In addition, the viewing of a live person, in the above described manner, after paying of any admission or fee for the viewing of the same activity.
ADULT MINI-MOTION PICTURE THEATER: An enclosed building or any portion or portions thereof having a capacity from six (6) to fifty (50) persons, where, for any form of consideration (including a coin or token inserted into a coin or token operated projector, video screen, or other image producing device), patrons may view films, motion pictures, videocassettes, slides or similar photographic electronic reproductions in which a significant or substantial portion of the total presentation time is devoted to the showing of materials that are distinguished by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT MOTEL: A hotel, motel or similar commercial establishment which: a) offers accommodations to the public for any form of consideration, provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other electronic or photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right of way which advertises the availability of such transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions; or b) offers a sleeping room for rent for a period of time that is less than eight (8) hours; or c) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than eight (8) hours. "Rent" and "subrent", when used in reference to an adult motel, shall mean the act of permitting a sleeping room to be occupied for any form of consideration.
ADULT MOTION PICTURE ARCADE: An establishment in which electronic, electrical or mechanical still or slide projectors, motion picture projectors, video screens, closed circuit television transmissions or other image producing devices operable by insertion of a coin or token or for other consideration are maintained for presentation of images to five (5) or fewer persons at a single time per such device and where the images presented are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER: An enclosed building with a capacity of fifty (50) or more persons where, for any form of consideration, patrons may view closed circuit television transmissions, films, motion pictures, videocassettes, slides or similar electronic or photographic reproductions in which a significant or substantial portion of the total presentation time is devoted to the showing of materials that are distinguished by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT THEATER: A public or private establishment which: a) features topless dancers, strippers, "go-go" dancers, male or female impersonators, lingerie or bathing suit fashion shows; b) not infrequently features entertainers who display "specified anatomical areas"; or c) features 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 features entertainers who engage in, or are engaged in, explicit simulation of "specified sexual activities".
ADULTS ONLY: Any items or activities emphasizing, depicting, describing or relating to nudity, explicit sexual conduct (whether autoerotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity.
ADULTS ONLY BOOKSTORE: Any adults only establishment having as a substantial or significant portion of its stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or other coin operated means, and other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, explicit sexual conduct (whether autoerotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity. Any establishment, having adults only items as a substantial or significant portion of its stock, that sells or displays adults only items for sale to patrons therein.
ADULTS ONLY MOTION PICTURE THEATER: An enclosed building used regularly and routinely for presenting adults only material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity, explicit sexual conduct (whether autoerotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity, for observation by patron therein.
ADULTS ONLY NIGHTCLUB: An establishment or place either occasionally or primarily in the business of featuring topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ADULTS ONLY SAUNA: An establishment or place primarily in the business of providing a steam bath and/or massage services, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ADVERTISING: See definition of Sign.
AERIAL OR ANTENNA: Any structure erected for the purpose of transmitting or receiving radio and television signals or to support equipment designed for such purposes.
AGRICULTURAL BUILDING OR STRUCTURE: Any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.
AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activity. Included are truck farming, poultry farming, beekeeping, raising of fruit and berries, and the selling of agricultural products, but shall not include mechanized industrial animal farms. "Agriculture" shall not include the commercial feeding of garbage to swine or other animals.
ALLEY: A public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property. Frontage on the alley shall not be construed as satisfying the requirements of this title related to frontage on a dedicated street.
ALTERATION: Any change in size, shape, character, occupancy or use of a building or structure, and/or any movement of a structure from one location or position to another.
AMENDMENT: Any revision and/or addition to the provisions of this title including the village's official zoning map, as officially adopted by the village board of trustees.
AMENDMENT MAP: Commonly referred to as "rezoning". This type of amendment shall include all proposals for additions, alterations, deletions, and/or other substantive changes to the delineation of zoning districts on the village's official zoning map.
ANIMAL HOSPITAL OR CLINIC: Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.
ANIMALS, DOMESTIC: Any animals domesticated by people to live in a tame condition such as dogs, cats, birds (excluding poultry), and the like.
ANIMALS, EXOTIC: Animals other than domestic animals that normally live in a state of nature (the wild), and are not ordinarily tame or domesticated, and are maintained and housed in accordance with all local, state and federal laws and regulations.
ANTENNA: Equipment that transmits or receives broadcast signals including, but not limited to, whip antennas, panel antennas and microwave dishes, but not including supporting structures, satellite dishes or antennas used solely for purposes such as ham radio, citizens band radio or municipal service communication.
APARTMENT: See definition of Dwelling Unit.
APARTMENT BUILDING: See definition of Dwelling, Multiple-Family.
ARTERIAL STREET: See definition of Road Classifications.
AUDITORIUM: A room, hall or building made a part of a church, theater, school, recreation building, or building assigned to the gathering of people as an audience to hear lectures, plays and other presentations.
AUTOMOBILE LAUNDRY: A building or portion thereof containing facilities for washing more than two (2) automobiles, providing space, water, equipment or soap for the washing of automobiles by the operator or customer. Production line methods using mechanical devices are permitted.
AUTOMOBILE REPAIR, MAJOR: The general repair, engine rebuilding or reconditioning of motor vehicles, collision service; such as body, frame and fender straightening and repair and painting of motor vehicles.
AUTOMOBILE REPAIR, MINOR: Incidental repairs, replacement of parts and motor service, to automobiles but excluding any operation specified under "automobile repair, major".
AUTOMOBILE SERVICE STATION: Any building or premises used for the dispensing, sale or offering for sale at retail to the public, of automobile fuels stored only in underground tanks and located wholly within the lot lines; lubricating oil or grease for the operation of automobiles; and the sale and installation of tires, batteries, other minor accessories, and minor auto repair, but not including a bulk plant, conduct of major auto repairs, automobile wrecking, automobile sales or automobile laundries; provided, however, that the washing of individual's automobiles where no chain conveyor is employed may be included.
AWNING: A rooflike cover, temporary in nature, which projects from the wall of a building or overhangs the public way.
BANQUET HALL: A building, or portion thereof, primarily intended to accommodate large groups of diners on special occasions.
BASEMENT: That portion of a building having more than one-half (1/2) of its height below lot grade.
BASEMENT, SUBGRADE: That portion of a building which is partly underground but has at least one-half (1/2) of its average height above lot grade.
BILLBOARD: See definition of Sign, Advertising (Billboard).
BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights of way, shorelines of waterways, municipal boundary lines, township lines, or county lines.
BOOTH: Any enclosure that is specifically offered to patrons of an adult business for the private viewing of any adults only item or movie. Said definition does not include enclosures that are used as private offices by any operator, employee or agent for attending to the tasks of their employment and are not offered for use by the public.
BUILDABLE AREA: The area of a lot remaining after the minimum open space and/or yard requirements of this title have been complied with.
BUILDING: Any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, chattels, or property of any kind, and which is permanently affixed to the land. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building.
BUILDING, ATTACHED: A building sharing a common wall and/or roof, floor and/or structural component with an adjacent building.
BUILDING, DETACHED: A building surrounded by an open space on the same lot.
BUILDING HEIGHT: The vertical distance from the sidewalk level, or its equivalent established grade opposite the center from the front of a building to the highest point of the underside of the ceiling beams, in the case of a flat roof, to the deck line of a mansard roof, and to the mean level of the underside of the rafters between the eaves and the middle of a gable, hip or gambrel roof. Where no sidewalk level has been established, the height of a building may be measured from the mean elevation of the finished lot grade at the front of the building.
BUILDING PERMIT: A permit issued by the building inspector for the construction, erection or alteration of a structure or building.
BUILDING, PRINCIPAL: A nonaccessory building in which a principal use of the lot on which it is located is conducted.
BUILDING, RESIDENTIAL: Any building that is used exclusively for permitted residential uses.
BUILDING SETBACK LINE: The minimum distance between a street right of way and the nearest supporting member of any structure on the lot.
BUILDING, TEMPORARY: Any building not designed to be permanently located on a zoning lot or located on a lot where it is intended to be temporarily placed or affixed.
BULK: The term used to indicate the size and setbacks of buildings or lots and their location with respect to one another and includes:
   A.   Height and area of buildings.
   B.   Location of exterior wells in relation to lot line, streets, or other buildings.
   C.   Gross floor area of buildings in relation to lot area (floor area ratio).
   D.   All open space allocated to buildings.
   E.   Amount of lot area and lot width provided per dwelling unit.
   F.   Lot coverage.
BUSINESS: An occupation, employment or enterprise which occupies time, attention, labor, and materials; or wherein merchandise is exhibited or sold, or where services are offered.
BUSINESS STREET: See definition of Road Classifications.
CAMP: All property and/or improvements of a design and character suitable to, and used primarily for, seasonal, leisure, sporting and/or recreational activity, commonly known as a summer or a day camp.
CANOPY: A rooflike structure projecting from a wall and supported in whole or in part by vertical supports to the ground, and erected primarily to provide shelter from the weather.
CARPORT: An open sided, roofed automobile shelter, usually formed by extension of the roof from the side of a building.
CELLAR: A story having more than one-half (1/2) of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.
CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
CERTIFICATE OF DEPOSIT: See definition of Guarantee Of Improvements.
CHILDCARE CENTER: Daycare centers which receive preschool or school age children, or both, for short term or extended hours of care, or out of school hours, and which provide essential personal care, protection, supervision, training, and programs to meet the needs of the children served.
CLINIC, MEDICAL OR DENTAL: An organization of specializing physicians or dentists or both, who have their offices in a common building. A clinic shall not include inpatient care.
CLUB: Buildings or facilities owned or operated by a corporation, association, or persons for social, educational, or recreational purposes, but not operated for profit, excluding religious institutions.
CLUB, GUN: A facility operated primarily for recreational shooting, including trap and/or skeet shooting, by its members, guests and/or the general public.
COLLECTOR STREET: See definition of Road Classifications.
COMMON OPEN SPACE: Land unoccupied by structures, buildings, streets, rights of way and automobile parking lots and designed and intended for the use or enjoyment of residents of a planned development. Common open space may contain structures for recreational use. No area within thirty feet (30') of any building or structure except a structure used for recreational use shall be included as common open space.
COMMUNICATION TOWER: A structure, including, but not limited to, steel towers, and equipment sheds or cabinets, the principal use of which is for public or private wireless communication purposes, including, but not limited to, mobile domestic cellular telephone services and personal communication services. Not included are structures used solely for purposes including, but not limited to, ham radios and citizens' band radios or municipal services communications. The terms "communication towers" and "towers" shall be treated as synonymous.
CONDOMINIUM: A form of cooperative ownership which permits individual ownership of a specific part of a building, with common ownership of all spaces beyond the specific apartments. Each apartment can be owned in fee simple, with no restrictions on the sale, rental, or transfer of same, other than restrictions on all real estate. Condominiums must meet requirements of the Illinois law.
CONFORMING BUILDING OR CONFORMING STRUCTURE: Any building or structure which:
   A.   Complies with all the regulations of this title or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or
   B.   Is designed or intended for a conforming use.
CONFORMING USE: The principal and/or accessory use of property and/or improvements located on a zoning lot, which complies with the minimum requirements, is established herein, for said zoning district in which such zoning lot is located.
CONVALESCENT HOME: See definitions of Nursing Home, Home For The Aged, Home For Ill Or Physically Infirm Persons - related definitions, Hospital Or Sanatorium, Intermediate Care Facility, Sheltered Care Facility, and Sheltered Care Home.
CORNER LOT: See definition of Lot, Corner.
COURT: An open unoccupied space other than a yard on the same lot with a building, which is totally or partially enclosed by building or buildings and is completely open to the sky.
CUBICLE: Synonymous with "booth", as defined herein.
CURB LEVEL: The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the levels of the curbs at the center front of each street. Where no curb elevation has been established, the level of the center line of the street shall be considered the "curb level".
CURB LINE: Established curb alignment or where not so established, the edge of the vehicularway shoulder.
DAY NURSERIES: Daycare centers which receive preschool age children for short term or extended hours of care, and which provide essential personal care, protection, supervision, training and programs to meet the needs of the individual children served.
DAYCARE CENTER: Any child daycare facility receiving more than eight (8) children for daytime care during all or part of the day. The term "daycare center" includes facilities called "childcare centers", "day nurseries", "nursery schools", "kindergartens", "play groups", and "centers or workshops for mentally or physically handicapped" with or without a stated educational purpose. The term does not include:
   A.   Kindergartens or nursery schools or other daytime programs operated by public or private elementary school systems or secondary level school units or institutions of higher learning;
   B.   Facilities operated in connection with a shopping center or service, or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises, or are in the immediate vicinity and readily available;
   C.   Any type of daycare center that is conducted on federal government premises; or
   D.   Special activities programs, including athletics, crafts instruction, and similar activities conducted on an organized and periodic basis by civic, charitable, and governmental organizations.
DECK: A structure abutting a dwelling with no roof or walls except for visual partitions and railings which is constructed on piers or a foundation above grade for use as an outdoor living area.
DEDICATED STREET: See definition of Road Classifications.
DENSITY: The relationship between the number of dwelling units and the area of a zoning lot.
DENSITY, GROSS: The numerical value obtained by dividing the total dwelling units in a development by the gross area of the tract of land upon which the dwelling units are located.
DENSITY, NET: The numerical value obtained by dividing the total dwelling units in a development by the net area of the residential tract and permanent open space. Streets, alleys, utilities and other nonresidential uses shall not be included.
DISTRICT: A geographical area to which a uniform set of regulations applies.
DISTRICT, HISTORIC: A geographically defined area possessing a significant concentration or continuity of landmarks, improvements, or landscape features united by historic events or by physical development, and which area has been designated as a historic landmark district.
DISTRICT, ZONING: A portion of the territory of the village, exclusive of streets, alleys, and other public rights of way, within which certain uses of land, premises and buildings or structures are permitted, and within which certain yards and open spaces are required and certain height and bulk limits, and the like, are established.
DOOR: Full, complete, nontransparent closure device that obscures the view or activity taking place within the enclosure.
DRIVE-IN ESTABLISHMENT: An establishment which is designed to provide, either wholly or in part, service to customers while in their automobiles parked upon the premises.
DWELLING: A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two- family dwelling units, and multiple-family dwelling units, but not including hotels, boarding or lodging houses.
DWELLING, ATTACHED: A dwelling containing two (2) or more dwelling units and joined to other dwellings by party wall or walls, originally constructed for said purposes.
DWELLING, CONVERTED: Any building which was originally designed and constructed as a one-, two- or three-family dwelling, but which has been changed or altered by the construction of additional dwelling units to provide for more families than the original building.
DWELLING, DETACHED: A dwelling unit which is surrounded on all sides by open space on the same lot.
DWELLING, MULTIPLE-FAMILY: A dwelling containing three (3) or more dwelling units, originally constructed for said purpose, and not including converted dwellings.
DWELLING, SEMI-ATTACHED: A dwelling which is joined to another dwelling by a garage, carport, recreation structures, or other nonresidential facility.
DWELLING, SINGLE-FAMILY: A dwelling containing accommodations for and occupied only by one family.
DWELLING, SINGLE-FAMILY, ATTACHED: A building whose principal use is residential containing one dwelling unit, sharing a wall with an adjoining principal building, whose principal use is residential, commonly referred to as a townhouse.
DWELLING, SINGLE-FAMILY, DETACHED: A building whose principal use is residential, containing one dwelling unit, sharing no walls or structural members with any other principal building.
DWELLING, TWO-FAMILY: A building designed exclusively for occupancy by two (2) families living independently of each other.
DWELLING UNIT: One or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.
EASEMENT: A grant by the owners of record of property and/or improvements, for the use of a portion of a zoning lot by another party for a specified purpose, such as access, ingress, egress, and/or public utilities.
EDUCATIONAL INSTITUTION: A 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 plant, and other incidental facilities for students, teachers and employees.
EFFICIENCY UNIT: A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closet or dining alcove directly off the principal room.
EMERGENCY SERVICES: Public, quasi-public and/or privatized contract services, dedicated to the preservation of the public safety, including, but not limited to, police, fire, rescue and/or ambulance services, which perform a traditional public service.
ESCORT: A person who, for any form of consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
ESSENTIAL SERVICES: Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage and communications systems and accessories thereto, such as poles, towers, wires, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, etc., but not including buildings that do not need to be in the immediate area of the uses they service.
EXCAVATION: Any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
EXISTING GRADE: The vertical location of the existing ground surface prior to excavation or filling.
EXISTING USE: The use of a zoning lot or building, as defined by the corporate authorities, as of the effective date hereof.
FAMILY: An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons (excluding servants), not related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit, but not including sororities, fraternities or other similar organizations.
FARM: Land being used for agricultural purposes.
FARM HOMESTEAD: The building located on a farm that is the residence of the farm owner or tenant operator.
FAST FOOD RESTAURANT: See definition of Restaurant, Fast Food.
FENCE: Any construction of wood, metal, wire mesh, masonry or other material erected for the purpose of assuring privacy, protection or restraining animals.
FENCE, DECORATIVE: A fence intended primarily for aesthetic purposes. Such fence shall, at fifty percent (50%) of the overall dimensions, open affording a direct view through those portions of the fence.
FENCE, OPEN: A fence having a pattern that is greater than eighty percent (80%) permeable.
FENCE, PERIMETER: A fence which is located on or within six inches (6") of the lot line.
FENCE, SEMI-OPEN: A fence having a pattern which is between thirty percent (30%) and eighty percent (80%) permeable, commonly referred to as an opaque fence.
FENCE, SOLID: A fence having a pattern that is less than thirty percent (30%) permeable, commonly referred to as a privacy fence.
FLOOD BASE ELEVATION: That elevation of the highest flood of record, determined by the village engineer's record of the elevations of the highest flood at locations as indicated on the floodplain map of the village on file in the office of the village clerk. Flood base elevations at intermediate locations shall be interpolated along the watercourse between the two (2) nearest flood base elevations, one for each, upstream and downstream. The controlling flood base elevation for any building site shall be the same as the flood base elevation at the nearest point of the watercourse.
FLOODPLAIN: That area of land adjoining a watercourse or other body of water which has been or may be hereafter covered by floodwater.
FLOODPLAIN MAP: Any accepted engineering standards or mapping used to delineate the minimum flood base elevations for the village, and may include the following:
   A.   Hydrologic Investigations Atlas, Series HA, as amended from time to time;
   B.   Geologic maps prepared by the Illinois state geologic survey;
   C.   Mapping and/or source information from the United States department of agriculture, soil conservation service;
   D.   Mapping and/or source information from the Will South Cook soil and water conservation district; and
   E.   Maps of groundwater conditions prepared by the state water survey.
FLOODPROOFING: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, intended primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.
FLOODWAY: The channel of the stream or body of water and those portions of the adjoining floodplains designated by the village as necessary to carry and discharge the floodwater flow of any such river, stream, or other body of water.
FLOOR AREA (For Determining Floor Area Ratio): The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings. The "floor area of a building" shall include the basement floor area when more than one-half (1/2) of the basement height is above the established curb level, elevator shafts and stairwells at each floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of seven feet ten inches (7'10") or more, interior balconies, mezzanines, enclosed porches and floor area devoted to accessory uses.
The "floor area" of structures devoted to bulk storage of materials, including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of the height of such structures in feet; ten feet (10') in height shall be deemed to be equal to one floor. If a structure measures more than five feet (5') over such floor equivalent, it shall be construed to have an additional floor.
FLOOR AREA (For Determining Off Street Parking And Loading Requirements): The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks or closets and any floor area devoted to detailing activities to the production or processing of goods, or to business or professional offices.
However, "floor area" for the purposes of measurement for off street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein), floor area devoted to off street parking or loading facilities including aisles, ramps and maneuvering space; or mechanical or storage floor area other than area devoted to retailing activities, to the production of goods, or to business or professional offices.
FLOOR AREA RATIO (FAR): The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. The floor area ratio as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible floor area of the building or buildings on the lot.
FREEWAY: See definition of Road Classifications.
FRONTAGE: That portion of a lot or parcel directly abutting a dedicated street.
GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building which is intended and used to store not more than four (4) private motor vehicles, owned by members of the family or families residing upon the premises, provided that not more than one-half (1/2) of the space may be rented for the storage of private motor vehicles of persons not residing on the premises, except that all the space in a garage of one or two (2) car capacity may be so rented. Such a garage may be used for the storage of not more than one commercial truck having a load capacity of three-fourths (3/4) of a ton or less.
GARAGE, PUBLIC: Any building other than a private or a storage garage where motor vehicles are equipped, repaired, serviced, hired, sold or stored.
GARAGE, STORAGE: Any building used for the storage only of motor vehicles pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired, or sold. No commercial motor vehicle exceeding two (2) tons' capacity shall be stored in any storage garage.
GOLF COURSE: A public, semipublic, and/or private property and/or improvements, on which the game of golf may be played, utilizing natural hazards and/or obstructions and including accessory buildings and/or uses thereto.
GOLF COURSE, DRIVING RANGE: A commercial establishment, designed exclusively for use by golfers wishing to practice various aspects of the game of golf.
GOLF COURSE, MINIATURE: A commercial establishment where the game of golf is played, utilizing manmade obstructions, excluding fairways, sand traps and other natural obstructions and/or hazards commonly found on a standard golf course.
GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
GRADE, STREET: This term shall have the same meaning as the term "curb level".
GRADING: Excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.
GROUP HOME: A single dwelling unit occupied on a permanent basis by a group of unrelated staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis, or available in accordance with the particular needs of the residents; is state licensed; complies with all applicable state and village codes, regulations and ordinances, and with the zoning regulations for the R-1 or R-2 district. Group home does not include a residence which services persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse, or persons whose primary reason for placement is treatment of a communicable disease.
GUARANTEE OF IMPROVEMENTS: A guarantee to the village that the requirements of this title will be met in full by a specified date. Such guarantee can be in the form of a certificate of deposit, irrevocable letter of credit, performance bond or other form that will enable the village to obtain the use of funds provided by the permittee to complete the required improvements in the event the permittee fails to do so.
HANDICAP: A physical or mental impairment which substantially limits one or more of such person's major life activities, impairs their ability to live independently or a record of having such an impairment, or being regarded as having such an impairment, but such term does not include current use of, or addiction to, a controlled substance or treatment for the use or addiction to alcohol.
HARDSHIP: A condition that would result from the strict application of the terms of this title, provided the following criteria are met:
   A.   The condition is unique to the property and is not applicable generally to other property within the district;
   B.   The situation was not created by anyone having an interest in the property;
   C.   The request for a hardship variation is not based exclusively on a desire to make more money out of the property;
   D.   The hardship exists due to the particular physical characteristics of the property in question.
HEIGHT: The vertical distance to the highest point on the roof, as measured from finished grade level.
HOME FOR ILL OR PHYSICALLY INFIRM PERSONS: A home providing meals, shelter, assistance with personal functions, general supervision and professional nursing assistance for persons who, because of age or physical or mental disability, are incapable of maintaining their own residence and caring for their own needs.
HOME FOR THE AGED: Any home operated not for profit under the auspices of a religious, fraternal, charitable, or other nonprofit organization, or by a county pursuant to an act in relation to homes for the aged, approved July 21, 1959 1 , as heretofore, or hereafter amended, or operated not for profit under an endowment, which through its ownership or management, and as its principal objective, provides maintenance, personal care, nursing, or sheltered care to aged persons, and in the conduct of which provides such service or services to three (3) or more persons over sixty (60) years of age.
HOME OCCUPATION: An occupation or profession, practiced by a member of the family residing on the premises in connection with which there is no indication from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. No commodity is sold upon the premises and no commodity intended for sale or use elsewhere is stored on the premises; no more than one person is employed other than members of the family residing on the premises; and no mechanical or electrical equipment is used except such as is permissible for purely domestic or household purposes. A professional person may use his residence for consultation, emergency treatment or performance of religious rites. No accessory building or garage shall be used for such home occupation. Home occupations, further, shall not utilize more than twenty five percent (25%) of the total floor area of any one story. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking of automobiles generated by the conduct of such home occupation shall be met off street and other than in a required front yard.
HOSPITAL OR SANATORIUM: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty four (24) hours in any week of three (3) or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions.
HOTEL: An establishment which is open to transient guests in contradistinction to a boarding, rooming or lodging house, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy service.
INDUSTRIAL STREET: See definition of Road Classifications.
INTERMEDIATE CARE FACILITY: Basic nursing care and other restorative services under periodic medical direction. Many of these services may require skills in administration. Such facilities are for patients who have long term illness or disabilities which may have reached a relatively stable plateau.
IRREVOCABLE LETTER OF CREDIT: See definition of Guarantee Of Improvements.
KINDERGARTENS: Daycare centers which receive children between the ages of four (4) and six (6) years, and which are established and professionally operated primarily to conduct educational programs for early childhood development.
LABORATORY: See definition of Research Laboratory.
LAND USE PLAN MAP: The map adopted by the board of trustees detailing the planned usage for the village and its one and one- half (11/2) mile jurisdiction.
LANDSCAPING: Any combination of trees, shrubs, flowers, grass or other horticultural elements, all of which are designed to enhance the visual amenity of a property and/or to provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent land; it may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation.
LIVABLE FLOOR AREA: All internal floor area of a dwelling unit excluding basements, garages and utility rooms.
LOADING AND UNLOADING SPACE OR BERTH, OFF STREET: An open, hard surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys. Such space shall be not less than twelve feet (12') in width, fifty feet (50') in length, and fourteen feet (14') in height, exclusive of access aisles and maneuvering space.
LOT: A parcel of land which is either a lot of record or a zoning lot.
LOT AREA, GROSS: The area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.
LOT, CORNER: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five degrees (135°).
LOT COVERAGE: That area or portion of a zoning lot covered by all buildings, structures and paved, impervious surfaces, related to the principal land access.
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.
LOT, FLAG: A zoning lot which does not front on, or otherwise abut, a public street and/or right of way.
LOT FRONTAGE: The linear measurement of a lot line, abutting a street commonly referred as frontage.
LOT, INTERIOR: A lot other than a corner or reversed corner lot (see illustration referred to in section 11-13-2 of this title, and attached to ordinance 961, on file in the office of the village clerk).
LOT LINE: See definition of Property Line.
LOT LINE, CORNER SIDE: The boundary of a corner lot that abuts a dedicated street other than the front lot line.
LOT LINE, FRONT: The lot line abutting a dedicated street. In the case of a corner lot, the lot line abutting the street having the least length shall be the front lot line. In the case of a through lot, the zoning administrator shall establish the front lot line.
LOT LINE, REAR: That boundary of a lot which is more distant from, and is, or is most nearly, parallel to, the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in the office of the county recorder of deeds or a parcel of land.
LOT, REVERSED CORNER: A corner lot the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, THROUGH (DOUBLE FRONTAGE): A lot having a pair of opposite lot lines along two (2) more or less parallel public streets, and which is not a corner lot.
LOT WIDTH: The horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first thirty feet (30') of lot depth immediately in back of the front yard setback line.
LOT, ZONING: A single tract of land location within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a "zoning lot or lots" may or may not coincide with a lot of record.
MAJOR THOROUGHFARE: See definition of Road Classifications.
MANUFACTURED HOME: There are basically three (3) types of manufactured homes:
Assembled Type: Assembled homes are constructed on site, utilizing various sections such as walls, roofs, etc., which have been constructed off site. Assembled homes are always placed on a permanent foundation.
Mobile Type: Mobile homes are constructed off site with features permitting them to be transported. Mobility is inherent in their construction regardless of whether or not they are subsequently placed on a permanent foundation. The construction of the mobile type of single-family residence is regulated by the federal department of housing and urban development (HUD) and must comply with the national manufactured home construction and safety standards. Mobile type homes may be used with or without a permanent foundation. These standards apply uniformly across the country and it is illegal for a state or local unit of government to impose additional construction requirements. Mobile type homes will have a red metal label permanently affixed to the rear of each towable unit.
Modular Type: Modular homes are constructed off site, in large blocks, with no built in features permitting them to be transported. They are transported in sections by a flatbed truck for construction on site. Modular homes are always on a permanent foundation. The construction of modular type dwelling units is regulated by the Illinois department of public health. Unlike the mobile type homes, the local unit of government may require additional items other than the minimum state requirements to be incorporated into the construction of modular homes. Modular type homes shall be placed on a permanent foundation. An Illinois approved modular dwelling will have a yellow seal on the electrical panel box of the home. Modular type units manufactured at a factory in Indiana will not bear an Illinois seal, but rather will contain the seal of approval from the state of Indiana. Modular type units are treated as a single-family detached dwelling.
MARQUEE: A rooflike structure of a permanent nature which projects from the wall of a building and overhangs the public way.
MASSAGE PARLORS: Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body occurs as part of or in connection with "specified sexual activities" or where any person providing such treatment, manipulation or service related thereto, exposes his or her "specified anatomical areas" or massages the "specified anatomical areas" of the customer unless prescribed by a physician or registered physical and massage therapist. The definition of "sexually oriented business" shall not include the practice of massage in any licensed hospital nor by a licensed hospital nor by a licensed physician, surgeon, chiropractor or osteopathy, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
MEZZANINE: An intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.
MOBILE HOME PARK: A parcel or tract of land developed with facilities for locating three (3) or more mobile homes, provided each mobile home contains a kitchen, flush toilet and shower or bath and that such mobile home park shall be for use only by nontransient dwellers remaining continuously for more than one month, whether or not a charge is made. It shall not include a sales lot in which motor vehicles or unoccupied trailers are parked for the purpose of inspection or sale.
MORATORIUM: A temporary halt and/or restriction on specified development activity and/or an application process involving such activity.
MOTEL: An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourists. A motel furnishes customary hotel services such as maid service, and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture. In a motel less than fifty percent (50%) of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient persons.
MOTOR VEHICLE: Any passenger vehicle, truck, tractor, tractor trailer, truck trailer, trailer or semitrailer propelled or drawn by mechanical power.
MOTOR VEHICLE REPAIR, MAJOR AND MINOR: See definition of Automobile Repair, Major and Automobile Repair, Minor.
NIGHTCLUB: An establishment serving food and/or liquor and providing music and space for dancing by patrons only. A nightclub shall not include an "adult business".
NONCONFORMING BUILDING OR STRUCTURE: A building or structure or portion thereof lawfully existing on January 1, 1991, or at the time of adoption of any amendment thereto, which:
   A.   Was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is located.
   B.   Does not comply with the bulk and other requirements of this title in the zoning district in which the building or structure is located.
NONCONFORMING USE: A use which lawfully occupied a building or land on January 1, 1991, or at the time of adoption of any amendment thereto, and which does not conform with the use regulations of the district in which it is located.
NONCONFORMING VACANT LOTS OF RECORD: Vacant lots of record which do not meet the required lot size requirements of the district in which they are located.
NOXIOUS MATERIAL AND/OR ODOR: A material and/or odor, which is capable of causing injury and/or irritation to living organisms, by chemical reaction, or is capable of causing detrimental effects on the physical and/or economic well being of individuals.
NUDE, SEMINUDE MODEL STUDIO: Any place where a person, who regularly appears in a state of nudity or seminudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons.
NUDITY: The display of the human male or female genitalia; pubic hair; buttocks; perineum; anal or pubic regions; female breast, at or below the areola thereof, with no covering or with a less than fully opaque covering; or, male genitalia, in a discernible turgid state, with or without covering.
NURSERY SCHOOLS: Daycare centers which receive children between the ages of two (2) and six (6) years and which are established and professionally operated primarily for educational purposes to meet the development needs of the children served.
NURSING HOME: A private home, institution, building, residence, or other place whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to the county home act 2 , as now or hereafter amended, or any similar institution operated by a political subdivision of the state which provides, through its ownership or management, maintenance, personal care, or nursing for three (3) or more persons, not related to the applicant or owners by blood or marriage, or any similar facility in which maintenance is provided to three (3) or more persons who by reason of illness or physical infirmity require personal care or nursing.
OBSCENE: Any material or performance is obscene if:
   A.   The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest; and
   B.   The average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and
   C.   Taken as a whole, it lacks serious literary, artistic, political or scientific value 3 .
OFF STREET LOADING: See definition of Loading And Unloading Space Or Berth, Off Street.
OPEN SALES LOT: A lot or parcel of land used or occupied for the purpose of buying, selling, or trading of all goods and commodities and including the storage of same prior to sale or exchange.
OPEN SPACE: Any land developed as yards, parks, recreational areas including community centers, and landscaped green areas and exclusive of areas developed for off street parking.
OPERATOR: For purposes of an "adult business", as defined herein, any person (whether said persons be an individual, partner, corporation, joint stock company, fiduciary, officer, director, stockholder, employee, or manager), which conducts, maintains or owns any adult business.
OWNER: Any individual, corporation, partnership or other legal entity having possessory interest entitled to exclusive possession in land, buildings or possessions.
PARCEL: Contiguous land in one ownership.
PARK: Land used for active or passive recreation, owned or controlled by a local park district, school district, county forest preserve district, homeowners' association, the village or another governmental entity or nonprofit organization.
PARKING AREA, PRIVATE: An open, hard surfaced area, other than a public way or street, 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 (11/2) tons' capacity, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.
PARKING LOT: Public or private land intended for the use as a facility for parking motor vehicles. Parking may be with or without fee.
PARKING, OFF STREET: A permitted accessory use, subject to the provisions of chapter 11 of this title. Off street accessory parking shall include those areas set aside for the temporary placement and/or storage of motor vehicles, in conjunction with permitted principal and accessory uses, and conditional uses, located on a zoning lot.
PARKING SPACE, AUTOMOBILE: Space within a public or private parking area of not less than one hundred eighty (180) square feet, nine feet by twenty feet (9' x 20') exclusive of access drives for the storage of one passenger automobile or commercial vehicles under one and one-half (11/2) tons' capacity.
PARTY WALL: A common wall which extends from its footing below grade to the underside of the floor and divides buildings.
PATRON: For purposes of an "adult business", as defined herein, any customer, patron or visitor to an adult business who is not employed by any operator of said establishment.
PERFORMANCE BOND: See definition of Guarantee Of Improvements.
PERFORMANCE STANDARD: A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by, or inherent in, uses of land or buildings. The more frequently used performance criteria include the following:
Active To Intense Burning: The rate of combustion described by material that burns with a high degree of activity and is consumed rapidly. Examples include sawdust, powdered magnesium and pyroxylin.
Closed Cup Flashpoint: The lowest temperature at which a combustible liquid, under prescribed conditions, will give off a flammable vapor which will burn momentarily.
Decibel: A unit which describes the sound pressure level or intensity of sound. A sound meter is calibrated in decibels.
Detonable Material: A material which decomposes by detonation. Such material includes explosives, unstable compounds and fissionable matter.
Earthborne Vibration: The periodic displacement, measured in inches of earth.
Fireproof Container: An enclosure of steel or concrete but not lead or other low melting metals or alloys, unless the lead or low melting metal or alloys are completely encased in steel.
Flashpoint: The lowest temperature at which a flammable liquid will momentarily burn under prescribed conditions. The tag flashpoint testers shall be authoritative.
Foot-Candle: A unit of illumination; technically, the illumination at all points one foot (1') distance from a uniform power source of one candlepower.
Free Burning: Implies a rate of combustion described by a material which burns actively, and easily supports combustion.
Frequency: Signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.
Impact Noise: A short duration sound such as those from a foregoing hammer or punch press.
Impulsive Noise: A sound which is no longer than two (2) seconds in duration, followed by no less than a two (2) second rest.
Intense Burning: A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.
Microcurie: One-millionth of a curie, which is a standard unit of radioactivity.
Moderate Burning: Implies a rate of combustion described by a material which supports combustion and is consumed slowly as it burns.
Noxious Matter: A material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well being of individuals.
Octave Band: A prescribed interval of sound frequencies which classifies sound according to its pitch.
Odor Threshold: The lowest concentration of odorous matter in air that will produce an olfactory response in a human being.
Odorous Matter: Any matter or material that yields an odor which is offensive in any way.
Particulate Matter: Material, other than water, which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.
Preferred Frequency Octave Band: A standardized series of octave bands prescribed by the USASI in S.I.6-1967, preferred frequencies for acoustical measurements.
Ringelmann Chart: A chart on which is described in the U.S. bureau of mines information circular 6888 or its successor, and on which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke.
Ringelmann Number: The shade of smoke as it appears on the standard Ringelmann chart published by the U.S. bureau of mines information circular no. 8333 (1967).
SCF (Standard Cubic Feet): The measure of the volume of a gas, at any other conditions, reduced to one thousand four hundred seventy three (1,473) pounds per square inch absolute and sixty degrees Fahrenheit (60°F).
Slow Burning Or Incombustible: Implies materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite, nor actively support combustion during an exposure for five (5) minutes to a temperature of one thousand two hundred degrees Fahrenheit (1,200°F), shall be designated "incombustible".
Smoke: Small gas borne particles, other than water, that form a visible plume in the air.
Sound Level Meter: An electronic instrument which includes a microphone, an amplifier and an output meter which measures noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands.
Sound Level Of An Operation Or Use: The intensity of sound, measured in decibels, produced by such operation or use.
Sound Pressure Level: The intensity of a sound measured in decibels mathematically described as twenty (20) times the logarithm to the base-10 of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar.
Threshold Limit Value: The maximum allowable airborne concentration of toxic material, as established by the American Conference Of Governmental Industrial Hygienists.
Toxic Matter: Material which is capable of causing injury to living organisms by chemical means when present in relatively small amounts.
United States Of American Standards Institute (USASI): A national organization promulgating authoritative standards in any technical field. Formerly American Standards Association.
Vibration: The period displacement or oscillation of the earth.
PERMANENT OPEN SPACE: A contiguous land area that is designed for educational, religious, recreational or institutional purposes, or such land which is recommended for such designation by the village at or before the time of approval of a subdivision or planned development.
PERMITTED USE: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and standards of such district.
PERMITTEE: The person who receives the zoning certificate.
PLANNED UNIT DEVELOPMENT: A parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located; the developer may be granted relief from specific land use regulations and design standards and may be awarded certain premiums in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole and which would not otherwise be required by this title. See chapter 3, "Planned Unit Developments", of this title.
PLAT: A site plan, map plan, and/or layout, showing the legal boundaries of a subdivision, as well as the legal boundaries of each zoning lot proposed for the development, and which fully complies with the minimum requirements specified by the village of Monee subdivision regulations 4 , as amended, and the Illinois plat act 2 .
PORCH: A roofed over structure projecting out from the walls of a main structure and commonly open to the weather in part.
PRINCIPAL USE: The main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be "permitted" or "special".
PRIVATE ROAD: See definition of Road Classifications.
PROPERTY LINE: An imaginary line at the edge or boundary of a zoning lot or line at the boundary of a lot of record.
PUBLIC OPEN SPACE: A publicly owned area; including, but not limited to the following: parks, playgrounds, forest preserves, waterways, parkways and streets.
PUBLIC UTILITY: Any person, firm or corporation duly authorized to furnish under regulation to the public, electricity, gas, steam, telephone, telegraph, transportation, water or sewerage systems.
PUBLIC WAY: Any sidewalk, street, alley, highway or other public thoroughfare.
RAILROAD RIGHT OF WAY: A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots, or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
RAP PARLOR: An establishment or place primarily in the business of providing nonprofessional conversation or similar services for adults, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
RELIGIOUS INSTITUTION: An institution that people regularly attend to participate in or hold religious services, meetings, and other such activities, including, but not limited to, accessory uses such as schools, child daycare centers, bingo parlors and halls. The term "church" shall not carry a secular connotation and shall include buildings in which religious services of any denomination are held.
RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
RESERVOIR PARKING: Off street parking spaces or lot areas allocated to temporary standing motor vehicles awaiting entrance to a particular establishment.
RESIDENTIAL STREET: See definition of Road Classifications.
RESTAURANT: A business where the dispensing of edible foodstuff and/or beverage on the premises is the principal business operation; including a cafeteria, coffee shop, lunchroom, tearoom and dining room, but not including a drive-in or fast food restaurant.
RESTAURANT, DRIVE-IN: A restaurant that dispenses foodstuff and/or beverage to persons in parked or stopped motor vehicles.
RESTAURANT, FAST FOOD: A restaurant whose principal business is the dispensing of edible foodstuffs and/or beverages in disposable containers to be eaten on the premises or taken out. This type of restaurant is usually self-service.
RETAIL, RETAIL STORE: Sale to the ultimate consumer for direct consumption and not for resale.
RIDING STABLE, PUBLIC: A building where horses are kept for remuneration, hire or sale.
RIGHT OF WAY: Land dedicated for street purposes.
RIGHT OF WAY, PRIVATE: A strip of land, privately owned, and primarily intended to be occupied by a street, alley, sidewalk and/or public utility line.
RIGHT OF WAY, PUBLIC: A strip of land dedicated for public use, and primarily intended to be occupied by a street, alley, sidewalk and/or a public utility line.
ROAD CLASSIFICATIONS: The status of freeways, arterial streets and secondary arterial streets shall be determined by such designation on the land use plan map. For the purpose of this title, the following definitions shall apply:
Arterial Street: A trafficway generally providing two (2) lanes going each direction. A median strip may or may not be present. Arterial streets are characterized by moderate to high speed travel, possible limitation on access to adjoining property owners and generally serve as vehicle transportation routes within a region.
Business Street: A street within a business district or on the boundary of a business district. A business street may also be an arterial street, secondary arterial street or collector street or major thoroughfare.
Collector Street: A street which performs the function of linking the various points of vehicular access along its route and delivering such traffic to an arterial or secondary arterial street.
Dedicated Street: A street where the maintenance responsibility has been accepted by the federal, state, county, township or village governments. The dedication of land for street purposes does not constitute a dedicated street, such land must be improved with a roadway, that is suitable for and accepted by a unit of government as a dedicated street.
Freeway Or Expressway: A trafficway providing at least two (2) lanes going each direction with a median strip preventing crossover between the two (2) lanes. Freeways are characterized by high speed travel, limited access to adjoining property owners and generally serve as vehicle transportation routes within an urbanized area or between urban areas or states.
Industrial Street: A street developed to serve an industrial district.
Major Thoroughfare: A trafficway with at least two (2) lanes in each direction. A major thoroughfare may or may not be a freeway, arterial street, secondary arterial street, or collector street.
Private Road: A trafficway not maintained or owned by a governmental entity.
Residential Street: A dedicated street, within a residential zoning district, excluding freeways, arterial streets and secondary arterial streets.
Secondary Arterial Street: A trafficway providing one or two (2) lanes in each direction. A median strip is rarely present. Secondary arterial streets are characterized by moderate speed travel (higher speeds may be allowed in sparsely populated areas), residential access is discouraged and the length of such streets is limited.
Street: Any of the following may also be termed a street: freeway, arterial street, secondary arterial street, collector street, dedicated street, residential street, business street, industrial street.
For the purposes of this title, freeways, arterial streets, secondary arterial streets, collector streets, major thoroughfares, residential streets, business streets and industrial streets may meet the requirements for dedicated streets.
ROOM: For purposes of section 5-8A-3 herein, synonymous with "booth", as defined herein.
SADOMASOCHISTIC ACTIVITY: Flagellation or torture by or upon a nude person; a person clad in undergarments, a mask or bizarre costume. In addition, the condition of being fettered, bound or otherwise physically restrained with the intent to stimulate or arouse sexually the initiator and/or the recipient.
SCHOOL: A public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Illinois school laws, including preschool, kindergarten, elementary school, and junior and senior high schools, but excluding trade, business or commercial schools, not providing residential accommodations.
SECONDARY ARTERIAL STREET: See definition of Road Classifications.
SELL: Includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell.
SETBACK: The distance between any exterior lot lines and either the principal structure or the accessory structures and uses.
SEXUAL CONDUCT: Ultimate sex acts (whether autoerotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity. In addition, physical contact, intended to stimulate or arouse sexually the initiator and/or the recipient, with a person's unclothed genitalia, buttocks, perineum, anal or pubic regions, or female breast.
SEXUAL ENCOUNTER ESTABLISHMENT: A business or commercial establishment that, as one of its primary business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of "specified sexual activities", when one or more of the persons is nude or seminude. The definition of "sexually oriented businesses" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
SHELTERED CARE FACILITY: A facility which provides care and assistance, supervision overnight, and a suitable activities program. Provisions are made for medical care as necessary. Such facilities are for individuals who do not need nursing care, but do need personal care assistance, supervision, and/or oversight in meeting their daily personal needs.
SHELTERED CARE HOME: Any county sheltered care home or a sheltered care home operated as part of a county nursing home pursuant to the county shelter care and detention home act 6 or a private boarding home, institution, building, residence, or other place, whether operated for profit or not which, through its ownership or management, provides sheltered care to three (3) or more persons who are not related to the applicant or owner by blood or marriage, or any similar facility in which maintenance is provided to three (3) or more persons who by reason of physical infirmity require personal care.
SIGN: A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.
SIGN, ADVERTISING (BILLBOARD): A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.
SIGN CORRIDOR: The sign corridor will include all property on both sides of I-57, within one thousand feet (1,000') of I-57, zoned either C-1, C-2, M-1 and M-2, within the village of Monee.
SIGN, FREESTANDING: Any sign independently mounted or mounted on a building and extending more than one foot (1') from the surface of the wall such sign is mounted on. A single freestanding sign may have separate component signs mounted from a common supporting structure. Temporary or mobile signs shall not be considered a freestanding sign.
SIGN, IDENTIFICATION: A sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
SIGN, ILLUMINATED: A sign having its own light source.
SIGN, OFFICIAL: Any sign erected by or at the direction of any governmental body.
SIGN, POLITICAL: A temporary sign supporting a candidate for public office or urging action on an issue.
SIGN SURFACE AREA: The entire area within a perimeter enclosing the outer limits of a sign face(s). A permitted sign may have two (2) faces arranged back to back or consisting of two (2) sides of a single structure with each of the two (2) such sign faces having the maximum permitted surface areas.
SPECIAL USE: A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such use may or may not be granted, subject to the terms of this title.
SPECIFIED ANATOMICAL AREAS: A. Less than completely or opaquely covered human genitals, pubic region, buttock, anus or female breast below a point immediately above the top of the areola; and
   B.   Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Are: a) human genitals in a state of sexual stimulation or arousal; b) acts of human masturbation, sexual intercourse, fellatio or sodomy; c) fondling, kissing or other erotic touching of specified anatomical areas; d) flagellation or torture in the context of a sexual relationship; e) masochism, erotic or sexually oriented torture, beating or the infliction of pain; f) erotic touching, fondling or other such contact with an animal by a human being; or g) human excretion, urination, menstruation or vaginal or anal irrigation as part of or in connection with any of the activities set forth in this definition.
STORAGE, OUTDOOR: The outdoor accumulation of vehicles, equipment or products, or materials for permanent or temporary holding.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen feet (14') in height shall be considered as an additional story for each fourteen feet (14') or fraction thereof.
STORY, HALF: That portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four and one-half feet (41/2') above the finished floor of such story. In the case of one-family dwellings, two-family dwellings, and multiple-family dwellings, less than three (3) stories in height, a half story in a sloping roof shall not be counted as a story for the purposes of this title. In the case of multiple-family dwellings three (3) or more stories in height, a half story shall be counted as a story.
STREET: See definition of Road Classifications.
STREET LINE: The division line between private property and a dedicated street.
STRUCTURAL ALTERATION: Any change, other than incidental repairs which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.
STRUCTURE: Anything constructed or erected which requires location on the ground or is attached to something having location on the ground including a fence or freestanding wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.
STRUCTURE, TEMPORARY: A movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure. A sign, billboard, or other advertising device detached or projecting shall be construed to be a temporary structure.
SWIMMING POOL, PRIVATE: A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained by an individual for the sole use of his household and guests, without charge for admission, and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.
SWIMMING POOL, PUBLIC: A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a private party for gain; by municipality or other unit of government for the general public whether or not an admission fee is charged.
TAVERN, LOUNGE, OR BAR: A building or portion thereof where liquors are sold to be consumed on the premises but not including restaurants where the principal business is serving food.
TERRACE: A level, landscaped, and/or surfaced area, also referred to as a patio, directly adjacent to a principal building at or within three feet (3') of the finished grade and not covered by a permanent roof.
TOWNHOUSE: A type of multi-family dwelling one or two (2) stories in height, typically the living room, dining room and kitchen are on the ground floor with sleeping rooms on the second floor. Dwelling units typically have a common side wall and are owner occupied.
TRAILER: See definition of Manufactured Home, Mobile Type.
UNDERAGE: Any person under eighteen (18) years of age, the legally minimum age at which one can purchase or view adults only items 7 .
UNIFIED CONTROL: The combination of two (2) or more tracts of land wherein each owner has agreed that his tract of land shall be developed as part of a planned development and shall be subject to the control applicable to the planned development.
USE: The purposes for which land or a building thereon is designed, arranged or intended or for which is occupied, maintained, let or leased.
USE, ACCESSORY: A use that:
   A.   Serves a principal structure and/or use;
   B.   Is customarily found as incidental to such principal structure or use;
   C.   Contributes to the comfort, convenience or necessity of those occupying, working at or being served by such principal structure or use;
   D.   Is, except as otherwise expressly authorized by the provisions of this title, located on the same zoning lot or adjoining lot under single ownership as such principal structure or use; and
   E.   Is under the same ownership and control as the principal structure or use.
USE, LAWFUL: The use of any structure or land that conforms with all of the regulations of this title or any amendment hereto and which conforms with all of the codes, ordinances and other legal requirements, as existing at the time of the enactment of this title or any amendment thereto, for the structure or land that is being examined.
USE, NONCONFORMING: See definition of Nonconforming Use.
USED CAR LOT: A zoning lot on which used or new cars, trailers or trucks are displayed for sale or trade outside of buildings.
VALUE: Valuation of a building shall be the assessed valuation, or where no assessed valuation exists, its appraised valuation as converted to assessed valuation.
VARIANCE: A relaxation of the terms of this title with respect to a specific zoning lot or group of lots where such variation is consistent with the standards set forth in this title.
WHOLESALE ESTABLISHMENT: A business establishment engaged in selling to retailers or jobbers rather than consumers.
YARD: An open space on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this title yard extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located.
YARD, CORNER SIDE: A side yard which adjoins a public street.
YARD, FRONT: A yard extending along the full length of the front lot line between the side lot lines.
YARD, INTERIOR SIDE: A side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.
YARD, REAR: A yard extending along the full length of the rear lot line between the side lot lines.
ZONING ADMINISTRATOR: The person designated by the president and board of trustees as the officer responsible for enforcing and administering all requirements of this title.
ZONING CERTIFICATE: The certificate issued by the zoning administrator issued prior to the granting of a building permit, business license, or occupancy permit certifying that all provisions of this title have been met.
ZONING DISTRICT: See definition of District, Zoning.
ZONING LOT: See definition of Lot, Zoning.
ZONING MAP: The map, incorporated into this title as part hereof, designating zoning districts. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. 1999 Code; Ord. 1046, 4-14-1999; Ord. 1086, 4-26-2000; Ord. 1106, 10-25-2000; Ord. 1126, 2-28-2001; Ord. 1370, 9-28-2005; Ord. 1484, 7-9-2008)

 

Notes

1
1. 55 ILCS 5/5-22001 et seq.
2
1. 55 ILCS 5/5-21001 et seq.
3
1. 720 ILCS 5/11-20.
4
1. See title 12 of this code.
2
2. 765 ILCS 205/0.01 et seq.
6
1. 55 ILCS 75/1 et seq.
7
1. 720 ILCS 5/11-20.