Whenever in this chapter the following words and phrases are used, they shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this article, except when the context in which they are used indicates otherwise:
AGGRIEVED PARTY: One suffering from an alleged infringement or denial of his legal rights by reason of a decision or ruling of the director of community development.
ALCOVE: A recess connected with or at the side of a larger room, with an unobstructed opening into such room equal to at least twenty percent (20%) of the entire wall surface of the alcove.
ALLEY: A public way within a block, generally giving access to the rear of lots of buildings and not used for general traffic circulation.
ALTERATION: As applied to a building or structure, a change or rearrangement of rooms or spaces, the structural parts, the means of egress, or an enlargement whether by extending a side or by increasing the heights, or the moving from one location or position to another.
APARTMENT: A room or suite of two (2) or more rooms in an apartment building occupied as a family domicile where provision is made for living, sleeping, cooking and eating within the room or suite of two (2) or more rooms.
APARTMENT BUILDING: Any building which contains apartments.
APPROVED: Approved by the director of community development under the provisions of this chapter, or by other authority designated by this code to give approval or to be used as a standard in the matter in question.
APPROVED MASONRY: Masonry constructed of brick, stone, concrete, hollow block, solid block or combination of these materials, or other materials approved by the director of community development.
AREA:
A. Building Dimensions: As applied to the dimensions of a building, the maximum horizontal area of the building at or above grade.
B. Floor Surface: As applied to floor surface measurement, the horizontal projected floor area inside of exterior enclosure walls or between exterior walls and firewalls.
C. Pool Area: The apron immediately adjacent to a swimming pool extending to a minimum of five feet (5') from the said pool.
ATTIC: The space between the ceiling beams of the top story, and the roof rafters, and containing no habitable room.
AUTOMATIC USE: Automatic as applied to fire protection devices, automatic refers to a device or system that provides an emergency function without the necessity of human intervention and activates as a result of a predetermined temperature rise, or rate of temperature rise or increase in the level of combustion products, such as is incorporated in an automatic sprinkler system, automatic fire door, etc.
BASEMENT: That portion of a building having no more than three feet (3') of its floor to ceiling height above the average level of the adjoining finished grade.
BATHROOM: A room containing a tub, shower compartment or other facilities for bathing.
BEARING WALL: A wall which supports any load in addition to its own weight.
BOARD OF TRUSTEES: The board of trustees of the Village of Mount Prospect.
BOILER ROOM: A room containing the fuel burning equipment and/or fuel storage for a heating or power generating system.
BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING, BUSINESS: A building occupied for the transaction of business, for the rendering of professional services, for the display and sale of goods, wares and merchandise, for the supplying of food, drink or other bodily needs or comforts, or for the performance of certain work or labor, including, among others, office buildings, stores, markets, restaurants, not excluding factories, storage or warehouse buildings.
BUILDING, FRAME: Buildings having a wood frame or having brick, stone or stucco veneering on a wood frame which wholly or partly serves as the structural support of the building or its load.
BUILDING, INSTITUTIONAL: A building in which persons are harbored to receive medical, charitable or other care or treatment; or in which persons are held or detained by reason of public or civic duty or for correctional purposes, including, among others, hospitals, asylums, sanatoriums, firehouses, police stations and jails.
BUILDING LINE: The line established by deed or law, beyond which a building shall not extend, except as specifically provided for in the zoning code or other ordinance of the Village.
BUILDING, PUBLIC: A building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including, among others, courthouses, schools, colleges, libraries, museums, exhibition buildings, lecture halls, churches, assembly halls, lodge rooms and dance halls.
BUILDING, SKELETON: A building composed of only structural framework, or a rigid supportive or protective structure or shell.
BULKHEAD: A raised portion of floor construction and the partition enclosing it, which provides headroom for a stair flight or, when in connection with store show windows, provides a means for light and ventilation to the basement space below.
CEILING: The overhead covering of a room.
CEILING HEIGHTS: The clear vertical distance from the finished floor to the finished ceiling.
CEMENT FLOOR: A floor not less than four inches (4") in thickness of concrete composed of one part Portland cement, three (3) parts of sand and five (5) parts of crushed stone or gravel.
CEMENT LIME MORTAR: A mixture of one part of hydrated lime to not more than six (6) parts of sand, proportioned by volume, with an addition of not less than ten percent (10%) of Portland cement to the lime by volume.
CEMENT MORTAR: A mixture of one part of Portland cement and not more than three (3) parts of sand, proportioned by volume, with an allowable addition of hydrated lime not to exceed twenty percent (20%) of cement volume.
CERTIFICATE OF COMPLETION: Refer to section 15.202 of this code.
CERTIFICATE OF OCCUPANCY: Refer to section 15.202 of this code.
CHIMNEY OR FLUE: A vertical, or approximately vertical, conduit through which smoke and/or gases of combustion escape to the outer air.
CLERK OR VILLAGE CLERK: The village clerk of the Village.
CLOSET: A nonhabitable room used for storage.
CONCRETE:
A. Except when otherwise specifically provided, "concrete" shall mean a mixture of one part of Portland cement and not more than three (3) parts of sand and five (5) parts of crushed stone or gravel, all proportioned by volume.
B. "Reinforced concrete" means Portland cement concrete in which steel is embodied in such a manner that the two (2) materials act together in resisting forces.
DEAD LOADS: The weight of all permanent structural and nonstructural components of a building, such as walls, floors, roofs, ceilings, stairways and fixed service equipment.
DEPARTMENT OF COMMUNITY DEVELOPMENT: Refer to section 15.202 of this code.
DEPARTMENT OF FINANCE: Refer to section 15.202 of this code.
DEPARTMENT OF PUBLIC WORKS: Refer to section 15.202 of this code.
DIRECTOR OF COMMUNITY DEVELOPMENT: Refer to section 15.202 of this code.
DIRECTOR OF FINANCE: Refer to section 15.202 of this code.
DIRECTOR OF PUBLIC WORKS: Refer to section 15.202 of this code.
DISTRICTS: The zoning districts as described in the zoning ordinance of the Village of Mount Prospect.
DWELLING: Any building which contains one or two (2) "dwelling units" used, intended, or designed to be built, used, rented or leased, which are occupied for living purposes.
DWELLING, UNIT: Refer to section 14.2401 of this code.
EGRESS: A means or route of exit from a room or building including a doorway, passage, corridor, stairway or fire escape.
ELEVATOR: A hoisting and lowering mechanism equipped with a car or platform which moves in guides for the transportation of individuals or freight in a substantially vertical direction through successive floors or levels of a building or structure.
ENCLOSING WALLS: A wall separating the interior of a building from the exterior. Such walls may act as bearing walls, enclosing walls or curtain walls.
EXIT: That portion of a means of egress which is separated from all other spaces of a building or structure by construction and opening protectives as required for exits to provide a protected way of travel to the exit discharge. Exits include exterior exit doors, exit stairways, exit passageways and horizontal exits.
FAMILY: An individual, two (2) or more persons related by blood, marriage or law, or a group of not more than any five (5) persons living together in a dwelling unit. Servants having common housekeeping facilities with a family consisting of an individual, or two (2) or more persons related by blood, marriage or law, are part of the family for this code.
FENCE: Refer to section 14.2401 of this code.
FLOOR: A horizontal or approximately horizontal system, other than a ceiling, used to support loads within a building (see also definition of Story).
FLOOR AREA: Refer to section 14.2401 of this code.
FLOOR AREA RATIO: Refer to section 14.2401 of this code.
FOOTING: A construction supported directly on the ground which supports walls, piers and columns.
FOUNDATION WALL: A wall or pier extending to or below frost level serving as support for a wall, pier, column or other structural part of a building.
FURRING: A construction of wood, metal, masonry or other material, the sole purpose of which is to obtain a plane or contour for other surface materials.
GARAGE: A building, shed or enclosure, or a part thereof, in which a motor vehicle is stored, housed or kept.
GARAGE, PRIVATE: A garage for not more than three (3) motor vehicles in which no business or industry connected directly or indirectly with motor vehicles is carried on.
GARAGE, PUBLIC: A garage not included within the term "private garage".
HABITABLE ROOM: A room designed and intended for use and/or occupied by one or more persons for living, sleeping, eating or cooking; includes kitchens serving dwelling units, but does not include bathrooms, water closet compartments, laundries, pantries, storage rooms or below grade recreation rooms.
HEIGHT OF BUILDING: The vertical distance of a building or structure as measured in feet, from the average finished grade to the highest point of the roof or parapet, if a flat roof, or the peak if a hip, gable, mansard, or gambrel roof. The average of the finished grade shall be measured from the two (2) corner points of the building closest to the front lot line, and exterior side lot line if applicable, excluding open stoops, stairs or porches. Mechanical penthouses, chimneys and steeples shall not be included in measuring the height of buildings.
HOLLOW BLOCK: A cellular building block of burnt clay or concrete in which cellular spaces within the blocks exceed twenty five percent (25%) of the gross cubic content of the block.
KITCHEN: A room or an alcove containing cooking facilities and in which food may be prepared.
LIME MORTAR: A mixture of one part slacked lime or hydrated lime not more than four (4) parts of sand proportioned by volume.
LIMITED RESIDENTIAL FIRE SUPPRESSION SYSTEM (LRFSS): A combination of upgraded fire resistant gypsum board, elimination of engineered trusses within a building, and the inclusion of residential sprinkler heads installed in certain specific areas of single family detached construction in order to substitute the requirement for an NFPA 13D or equivalent sprinkler system. An LRFSS is defined as all of the following:
A. The entire single family detached structure shall be protected with type-x fire rated gypsum board. The use of unrated gypsum board shall be prohibited in conjunction with an LRFSS.
B. No open web or solid web engineered floor or roof trusses shall be permitted in conjunction with an LRFSS. Only dimensional lumber shall be used for framing elements, except engineered beams, posts and headers shall be allowed.
C. Residential sprinkler heads shall be provided in the kitchen using the layout and coverage requirement of an NFPA 13D system. The supply piping for a fire suppression system shall meet the requirements of a multipurpose system as defined in section P2904 of the International Residential Code and all installations shall comply with the Illinois Plumbing Code. In addition, a sprinkler head shall be provided in any mechanical closets or areas where a furnace or water heater is located, and shall meet the same requirements as the kitchen sprinkler heads for design and supply.
LINTEL: A beam placed over an opening or recess in a wall which supports the construction above.
LIVE LOAD: Those loads produced by the use and occupancy of the building, not including environmental loads such as wind loads, snow loads, earthquake loads or dead loads.
MANAGER OR VILLAGE MANAGER: The Village Manager of the Village of Mount Prospect.
NEW CONSTRUCTION: An existing structure shall be considered as new construction and shall meet all of the provisions of this Code and all other adopted codes and standards for new construction when either of the following conditions exist:
A. The linear feet measurement of demolished exterior and interior walls is equal to or greater than fifty percent (50%) of the total linear feet of the existing walls. For the purpose of this definition a wall is considered to be demolished when, in the opinion of the Director of Building and Inspection Services, the structural integrity of the wall has been compromised (no longer capable of supporting the structure) or when two (2) or more components of the wall are removed; or
B. The square footage of the existing structure is increased by one hundred fifty percent (150%) or greater. In single-family homes and townhomes the habitable square footage shall be used as a basis for determining the percentage of square footage increase.
Example: An existing structure of one thousand (1,000) square feet in area is increased by one thousand five hundred (1,500) square feet making it a total of two thousand five hundred (2,500) square feet. In this case, the entire structure would be required to meet the requirements of new construction.
C. If the square footage of the existing structure is increased by less than one hundred fifty percent (150%), only the new portion of the structure shall be required to meet the construction requirements, except for the fire sprinkler requirements identified in section 21.501 for new construction, unless the existing structure is modified according to subsection A of this definition, in which case the entire structure shall be considered new construction.
NONCOMBUSTIBLE: Any material which will not sustain fire.
NONCOMBUSTIBLE CONSTRUCTION: A construction in which all materials used in the construction and finish are noncombustible to the point that the construction will not sustain fire.
OCCUPIED: As applied to a building shall be construed as though followed by the words "or intended, arranged or designed to be occupied".
OFFICE: A place where clerical work, writing or drafting is done, where clients are interviewed, professional services are rendered or where business is transacted without an immediate transfer of goods.
OPEN AREA: With respect to fences, open area shall be determined so that any given square foot of such fence shall consist of not more than fifty percent (50%) fencing material including posts and rails.
PANTRY: A space accessory to a dining room or kitchen for storage of dishes or food or for a preparation of food without the use of heat.
PARAPET: A wall of approved masonry projecting above the roofline to prevent the spread of fire.
PARKWAY: Refer to section 15.202 of this Code.
PARTIAL CERTIFICATE OF OCCUPANCY: A certificate of occupancy issued for a portion of a building or structure prior to completion of the entire building or structure.
PARTY WALL: A wall of approved masonry used or adapted for joint use between two (2) buildings and shall comply with wall thickness as provided for under masonry construction.
PATIO: A recreation area that adjoins a dwelling, is often paved, and is adapted especially to outdoor dining.
PATIO ENCLOSURE: A screened seasonal leisure area which is attached to the principal structure, unheated and which is not intended to be used as a habitable room.
PATIO SCREENING: A screen, preferably decorative, natural or artificial, which screen is placed adjacent to a patio for the purpose of concealing such patio.
PERMITTEE: That person or persons authorized by the authority having jurisdiction to perform specific activity.
PERSON: Every natural person, firm, copartnership, association or corporation.
PETITIONER: Refer to section 14.2401 of this Code.
REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of maintenance. Repair does not include work that would affect the structural safety of the building or that would affect or change required exit facilities or that would affect the vital element of an elevator, plumbing, gas piping, wiring or heating installation, or that would be in violation of a provision of this Code.
SOLID ROCK: A building block of burnt clay or stone, gravel or cinder concrete in which cellular spaces within the block do not exceed in the aggregate twenty five percent (25%) of the gross cubic content of the block.
SPRINKLERED: Equipped with an approved automatic sprinkler system containing an arrangement of piping and sprinklers designed to operate automatically by the heat of fire and to discharge water upon such fire.
STAIRWAY: One or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one floor to another; including risers, treads, floor landings, stair platforms, supporting members, handrails, newel posts, balustrades and the enclosure of such stairs from the required exit to the exit door of the building or grade.
A. Flight: A series of steps between successive landings and platforms.
B. Landing: The floor space immediately adjoining the top or bottom of a flight. For an enclosed stair, the landing is the floor space within the enclosure.
C. Open Stair: A stair without a complete enclosure.
D. Step: A rise and adjoining tread.
E. Tread: The horizontal width of a step not including the nosing.
F. Width: The clear width of a stair between parallel required handrails or between a required handrail and a wall. An unrequired handrail shall not be considered in measuring stair width.
STOP ORDER: An order, written or oral, to cease and desist any and all construction activities, which order is issued by the Director of Community Development.
STORY: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
STREET: Refer to section 15.202 of this Code.
STRUCTURE: Any construction, or any production or place of work artificially built up or composed of parts joined together in some definite manner; including, but not limited to, stadia, gospel and circus tents, reviewing stands, platforms, radio towers, air conditioning compressor units, coal bins, fences, display of signs and poles connected by wires for the transmission of electricity.
SWIMMING POOL: An artificial or semiartificial receptacle or other container for a body of water having a depth at any point of more than two feet (2') whether located indoors or outdoors, used or intended to be used for public, semipublic or private swimming by adults or children or both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any "person" as defined elsewhere in this article, whether he be an owner, lessee, operator, licensee or concessionaire and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of same; including, but not limited to, the following:
Hot Tub: A large tub usually wooden and normally filled with heated water used by adults and/or children to soak in.
Swimming Pool, Excavated: Any swimming pool being constructed in whole or in part below the grade level and out of doors.
Swimming Pool, Indoor: Any swimming pool so constructed as to be located in whole or in part within a structure or building in such manner as to become part of the real estate.
Swimming Pool, Portable: Any prefabricated swimming pool which has a depth at any point of more than two feet (2'), which pool may be utilized without an excavation and which has an empty weight of less than two hundred (200) pounds, which weight shall be inclusive of all the appurtenances of the said pool.
Swimming Pool, Public And Semipublic: All swimming pools operated and maintained in conjunction with or by clubs, motels, hotels, multi-unit buildings housing more than three (3) families, and community associates, and shall include any swimming pool other than a private residential swimming pool.
Swimming Pool, Raised Deck: Any "swimming pool" as defined in this article being constructed in such manner as to have a flat floor, roofless area resting above the grade level, which raised deck shall lie immediately adjacent to and surrounding the upper edge of said pool which shall not be an excavated pool.
Swimming Pool, Residential Private: A swimming pool located in any residentially zoned district used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it without payment of any fee.
UNPROTECTED METAL CONSTRUCTION: Applies to buildings in which the structural supports are metal and in which the roofing and walls or other enclosures are of sheet metal or other incombustible materials, or of masonry deficient in thickness or otherwise and not conforming to approved masonry.
VILLAGE ATTORNEY: The Village Attorney of the Village of Mount Prospect.
VILLAGE ENGINEER: The Village Engineer of the Village of Mount Prospect, or other person designated by the Director of Public Works. (Ord. 6286, 12-6-2016; amd. Ord. 6370, 2-20-2018; Ord. 6607, 2-15-2022)