The following words and terms, when used in this Title, shall have the meaning set forth after each:
ABUTTING: To have a common property line or district line.
ACCESSORY: A use, structure, or part of a structure, which:
A. Is subordinate to and serves the principal use or structure.
B. Is subordinate in area, extent or purpose to the principal use or structure.
C. Contributes to the comfort, convenience or necessity of occupants of the principal use or structure.
D. Is located on the same lot as the principal use or structure served, with the exception of accessory off-street parking facilities as are permitted elsewhere than on the same lot with the use or structure.
ACCESSORY LIVING UNIT: A detached accessory building that provides living space (as defined by International Residential Code, Chapter 2, Definitions) in a location other than the principal residence. A detached accessory living unit may be located in a pool house, detached garage, or other similar accessory building or structure.
ADJACENT: Touching, as distinguished from lying near.
ADJOINING: Touching or contiguous, as distinguished from lying near.
AGRICULTURE: Farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and accessory uses customarily incidental to normal agricultural activities.
AIRPORT: A lot which is used, or intended, for the landing and takeoff of aircraft, together with all structures located thereon.
ALLEY: A public or private right of way, other than a street, less than thirty feet (30') in width, which right of way normally affords secondary means of access to abutting properties.
ALTERATION: A change in size, shape, character or use of a structure.
AUTOMOBILE LAUNDRY: A building or portion thereof containing facilities for washing more than two (2) motor vehicles, using production line method.
AUTOMOBILE MINI-MARKET: An automobile service station which includes the retail sale of merchandise or services not related to the maintenance, service or repair of motor vehicles in addition to the sale of fuel, oil and accessories for motor vehicles. Such use shall be located entirely within the buildable area and the building floor area, including all storage for such use, which may not exceed one thousand (1,000) square feet.
AUTOMOBILE SERVICE STATION: A building or portion thereof or lot used for offering for sale at retail to the public, fuels, oils and accessories for motor vehicles; where repair service is incidental, where no storage or parking space is offered for rent and where no motor vehicles or boats are offered for sale or rent. When such dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.
AWNING: A roof like projection, rigid or retractable in operation, which projects from the wall of a building.
BASEMENT: A story having part but not more than one-half (1/2) of its floor to clear ceiling height below grade. When a basement is used for storage, or garages for use of occupants of the building, or other facilities common for the operation and maintenance of the entire building, it shall not be counted as a story.
BI-LEVEL: A dwelling having one story at approximate grade level and a second story one-half (1/2) story higher over a habitable basement approximately one-half (1/2) of which basement is above grade level.
BLOCK: A tract of land bounded by streets, or by a combination of street, railroad rights of way, public parks, permanent open space and other lines of demarcation. A block may be located in part beyond the corporate limits of the village.
BOARD OF TRUSTEES: The president and board of trustees of the village of Oak Brook, Illinois.
BUILDABLE AREA: That portion of a lot which meets at least the minimum width requirements and setback lines of the district within which it is located (see definition of Lot Width).
BUILDING: A structure having a roof designed or built for the enclosure, shelter or protection of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land.
BUILDING, ACCESSORY: A subordinate building or portion of a principal building, the use of which is incidental to that of the principal building and customary in connection with that use.
BUILDING, COMPLETELY ENCLOSED: A building with a permanent roof separated on all sides from the adjoining open space or from other structures, by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.
BUILDING, DETACHED: A building surrounded by open space on the same lot.
BUILDING, PRINCIPAL: A nonaccessory building in which the primary use of the lot on which it is located is conducted.
BUILDING, TEMPORARY: A building not designed or intended to be permanently located at the place where it is, or where it is intended to be, placed or affixed.
BULK: The term used to indicate the size, location and number of structures, including: a) size and height of structures; b) location of exterior walls; c) floor area ratio; d) open space allocated to structures; and e) lot area and lot width.
BURIAL STRUCTURES: Aboveground structures within cemeteries, other than community burial structures, used, or intended to be used, for the entombment of human remains, including, without limitation, mausoleums, columbaria, and other similar structures.
BUSINESS: An occupation, employment or enterprise which occupies time, attention, labor and materials; or wherein merchandise is exhibited or sold or services are offered.
CANDLEPOWER: The luminous intensity, as evaluated in effectiveness of stimulating visual sensation, of any radiation in a given direction. The international candle was adopted in 1940 as one-sixtieth (1/60) of the brightness of freezing platinum.
CARPORT: A roofed automobile shelter, with two (2) or more open sides.
CELLAR: A story having more than one-half (1/2) of its floor to clear ceiling height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.
CEMETERY: Any land or structure dedicated to and used, or intended to be used, for the burial, interment, or entombment of human remains, and related accessory uses.
CEMETERY ACCESSORY STRUCTURES: Structures used in support of and accessory to a cemetery use, including, without limitation, caretaker or similarly used residences, greenhouses, sales offices, storage buildings, administrative offices, and other similar structures accessory to a cemetery.
CLINIC, MEDICAL OR DENTAL: A building or portion thereof, the principal use of which is for offices of physicians or dentists, or both, for the examination and treatment of persons on an outpatient basis.
CLOSED CUP FLASHPOINT: The lowest temperature at which a combustible liquid under the most favorable condition will give off a flammable vapor which will burn immediately.
CLUB OR LODGE, PRIVATE: A structure or part thereof used by a not for profit association of persons who are bona fide members and where facilities are restricted to members and their guests. Food and alcoholic beverages may be served on its premises provided they are secondary and incidental to the principal use.
COCKTAIL LOUNGE: An establishment where refreshments having alcoholic contents, as stipulated by law, are sold to be consumed on the premises, but not including restaurants where the principal business is the serving of food, except restaurants where accessory cocktail lounges are permitted by district regulations of this title.
COMMERCIAL THOROUGHFARE: A "roadway", as defined in this section, depicted or described as a principal arterial street or a collector route in the official comprehensive plan and official map of the village, and those local roadways that have substantial footage abutting and adjoining properties zoned ORA or business.
COMMUNITY BURIAL STRUCTURES: Aboveground structures over twenty feet (20') in height used, or intended to be used, for the entombment of human remains, located in or near the center of a cemetery in accordance with their specific applicable regulations in this title, including, without limitation, mausoleums, columbaria, and other similar structures.
CONDOMINIUM: A multiple dwelling or development containing individually owned dwelling units and jointly owned and shared common areas and facilities. These dwelling units may be attached horizontally or vertically.
CONFORMING STRUCTURE: Any structure which: a) complies with all the regulations of this title governing the district in which said structure is located; or b) is designed or intended for a permitted use or special use, as allowed in this title in the district in which it is located.
CORNER: The meeting place of two (2) converging surfaces.
COURT: An open unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is bounded on two (2) or more sides by such building or buildings.
DAYCARE CENTER: A facility in which are received three (3) or more children, not of common parentage, apart from their parents or guardians, for part or all of the day, but not later than nine o'clock (9:00) P.M. The term "daycare center" includes, but is not limited to, nursery schools, childcare centers, day nurseries and playgroups, but does not include kindergartens or nursery schools operated by public or private elementary or secondary school systems.
DEVELOPMENT PLAN: A proposal for the development of a parcel of land zoned or to be zoned ORA3 containing a statement setting forth the information specified in subsection 13-10C-6C1 of this title, and a plat setting forth graphically the information specified in subsection 13-10C-6C2 of this title.
DIRECTOR OF COMMUNITY DEVELOPMENT: The official of the village, duly appointed and designated as its director of community development.
DRIVE-IN ESTABLISHMENT: A structure or part thereof in which are provided facilities primarily for serving patrons parked in automobiles on the premises.
DUPLEX: A structure containing two (2) dwelling units, each of which has separate and direct access to the outside.
DWELLING: A building or portion thereof designed or used exclusively for residential uses, including single-family and multiple-family dwellings, but not including mobile homes or other trailers, or lodging rooms in hotels, motels or lodging houses.
DWELLING, ATTACHED (TOWNHOUSE, GROUP, ROW OR GARDEN APARTMENT): A multiple-family dwelling originally designed and constructed to accommodate three (3) or more dwelling units, with the dwelling units joined together by party wall or walls. Each unit shall have its own ground floor entrance and living space.
DWELLING, DETACHED: A dwelling which is surrounded on all sides by open spaces on the same lot.
DWELLING, MULTI-FAMILY, AGE-RESTRICTED: An age-restricted or age-targeted development containing two (2) or more dwelling units and which may include independent living, assisted living, or senior congregate living.
DWELLING, MULTIPLE-FAMILY: A dwelling containing two (2) or more dwelling units.
DWELLING, SEMIDETACHED (TOWNHOUSE, GROUP, ROW OR GARDEN APARTMENT): A dwelling joined to one other dwelling by a party wall, or vertical cavity wall, and aboveground physically unifying horizontal structural elements.
DWELLING, SINGLE-FAMILY: A dwelling containing one dwelling unit only.
DWELLING UNIT: One or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete single kitchen facilities, permanently installed to serve the entire family, shall always be included within each dwelling unit.
EFFICIENCY UNIT: A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets and may contain dining alcove directly off the principal room provided that such dining alcove does not exceed one hundred twenty five (125) square feet in area.
ELECTRIC DISTRIBUTION CENTER: A terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.
ELECTRIC SUBSTATION: A terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and, generally to the local distribution system.
ENCLOSED PARKING: Parking which is housed in a parking structure, or in a portion of the principal building on a lot, which is completely under a permanent roof and with sidewalk enclosures so designed as to screen the parked cars from view from the exterior of the structure. Completely open wall sections shall be permitted only for entrance and exit driveways. Access to all parking spaces shall be from aisles within the structure.
ERECT: To construct or reconstruct or excavate, fill, drain or conduct physical operation of any kind in preparation for or in pursuance of construction or reconstruction or to move a structure upon a lot.
ESTABLISHMENT, BUSINESS: A structure or lot used in whole or in part as a place of business, the ownership or management of which is separate and distinct from the ownership or management of any other place of business located on the same or other lot.
EXISTING CEMETERIES AND STRUCTURES: Any cemetery, and the cemetery structures existing therein, existing as of January 22, 2013.
FALLOUT SHELTER: An accessory structure and use which incorporates the fundamentals for fallout protection - shielding mass, ventilation, and space to live, and which is constructed of such materials, in such a manner, as to afford to the occupants substantial protection from radioactive fallout. It shall not be used for storage purposes, other than for food, clothing, medical supplies and materials required for temporary shelter.
FAMILY: One person or two (2) or more persons each related to the other by blood, marriage or legal adoption, or a group of not more than three (3) persons not all so related, together with his or their domestic servants, maintaining a common household in a dwelling unit. A family may include, in addition thereto, not more than two (2) roomers, boarders or permanent guests - whether or not gratuitous.
FENCE: A structure used to delineate a boundary, or as a barrier, or as a means of confinement or for confinement.
FENCE, OPEN: A fence, including gates, which has, over its entirety, fifty percent (50%) of the surface area in open space as viewed from an angle of ninety degrees (90°) from the fence line, except that the required open space in louver-type fences may be viewed from any angle, and excluding metal fences with more than seventy five percent (75%) of its surface area open space.
FENCE, SOLID: A fence, including gates, which conceals from view from adjoining properties, streets or alleys, activities conducted behind it.
FLOOR AREA FOR DETERMINING FLOOR AREA RATIO: The sum of the gross horizontal area of the several stories including the basement of a building, measured from the exterior faces of the exterior walls, or from the center lines of walls separating two (2) buildings. The floor area shall also include the horizontal areas on each story devoted to: a) elevator shafts and stairwells; b) mechanical equipment, except that located on roofs whether open or enclosed, i.e., bulkheads, water tanks, and cooling towers; c) habitable attic space as permitted by the building code of the Village; d) interior balconies and mezzanines; e) enclosed porches; and f) accessory uses. The horizontal area in every story of a building devoted to enclosed off-street parking and off-street loading facilities shall not be included in the floor area.
FLOOR AREA FOR DETERMINING OFF-STREET PARKING AND LOADING REQUIREMENTS: Floor area when prescribed as the basis of determining off-street parking and off-street loading requirements shall be the sum of the gross horizontal area of the several stories of a structure taken from glass line to glass line and including the structure's primary and permanent working area, but excluding the basement.
FLOOR AREA RATIO: 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 for the building or buildings on the lot).
FOOT-CANDLE: A unit of illumination, equivalent to the illumination at all points which are one foot (1') distance from a uniform point source of one candlepower.
FOOT-LAMBERT: A unit of brightness, usually of a reflecting surface. A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot (1') distant over one square foot has a brightness of one foot-lambert.
FREE-BURNING: The rate of combustion of 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.
GARAGE, PUBLIC: A building or portion thereof, other than a storage garage, designed or used for equipping, servicing, repairing motor vehicles. Hiring, selling and storing of motor vehicles may be included.
GARAGE, STORAGE: A building or portion thereof designed or used exclusively for storage of motor vehicles and in which fuels and oils are not sold, except as regulated in this Title, and in which no motor vehicles are equipped, repaired, hired and sold.
GATE: A structure that may be swung, drawn or lowered to block an entrance or passageway. A gate may be part of a fence or may exist separately.
GROSS DENSITY: Ratio between total number of dwelling units on a lot and total lot area in acres. The area to include local streets.
GUEST, PERMANENT: A person who occupies or has the right to occupy a lodging house, hotel, apartment hotel or motel accommodation as his place of permanent residence.
HABITABLE VEHICLE: A vehicle designed, constructed or modified to permit its use as temporary or permanent living or working quarters.
HEALTH CLUB: The meeting place of a group of persons organized for the purpose of improving the general condition of their health through exercise.
HELICOPTER: Any rotary wing aircraft which depends principally for its support and motion in the air upon the lift generated by one or more power driven rotors rotating on a substantially vertical axis.
HELIPORT (NOT FOR FREIGHT): Any area of land, water or structural surface which is designed, used or intended to be used for the landing and takeoff of helicopters and any pertinent areas which are designed, used or intended to be used for a heliport building or other facilities which have received a certificate of approval from the Division of Aeronautics, State of Illinois, Department of Transportation and a special use permit from the Village to operate said heliport.
HOME OCCUPATION: A gainful occupation or profession conducted entirely within a dwelling unit.
HOTEL: A building or buildings, sometimes designated as a motel, motor inn or highway hotel, containing not less than fifty (50) lodging rooms, where lodgings are provided for compensation, but excluding apartment hotels as defined in this Section. A hotel may include dining and meeting rooms, and business uses commonly incidental to a hotel operation.
HOTEL, APARTMENT: A hotel in which more than fifty percent (50%) of the accommodations are in dwelling units occupied or intended for occupancy by permanent guests.
IMPROVEMENT PLAN: A plat setting forth graphically the location and layout of all or a part of the proposed land improvements and buildings to be constructed on a parcel of land zoned ORA3 and for which a development plan has been approved, together with such additional information as may be required by the applicable provisions of the subdivision regulations 1 .
INSTITUTION: A building occupied by a religious, educational, scientific or charitable not-for-profit corporation or organization, wholly for public or semi-public use.
JUNKYARD: A lot, with or without accessory structures, used for the abandonment, storage, keeping, collecting, buying, selling, exchanging, baling, packing, disassembling or handling scrap or discarded materials, including vehicles, machinery and equipment not in operable condition, or parts thereof, and other metals, paper, rags, rubber tires and bottles.
KENNEL: A place or premises where dogs, cats or other household domestic animals are maintained, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale.
LAMBERT: 1/929 of a foot-lambert, usually used to designate intrinsic brightness of light sources.
LAUNDERETTE: A business that provides coin-operated self- service washing, drying, dry-cleaning or ironing facilities, provided no pickup or delivery service is maintained.
LOADING BERTH: A space within the principal building or on the same lot as the principal building providing for the standing, loading or unloading of trucks and with access to a street or alley.
LODGING HOUSE: A building originally designed for and used as a single or two-family dwelling, all or a portion of which contains lodging rooms which accommodate persons who are not members of the keeper's family and where lodging or meals, or both, are provided for compensation for three (3) or more persons.
LODGING ROOM: A room or suite of rooms rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms, each room which provides sleeping accommodations shall be counted as one lodging room for the purpose of this Title.
LOT: A parcel of land consisting of adjoining parts which, at the time of filing for a building permit, is designated by its owner or developer as a parcel to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a "lot" may or may not coincide with a lot of record.
LOT AREA: The area of a horizontal plane bounded by lot lines. For the purposes of meeting minimum lot area requirements, the land area of a lot used for providing private access rights of way shall not be included.
LOT, CORNER: A lot of which at least two (2) adjacent sides abut for their full lengths upon streets; provided, that the interior angle of the intersection of such two (2) sides is less than one hundred thirty five degrees (135°).
LOT, INTERIOR: A lot that is not a corner lot.
LOT LINE ADJOINING A STREET: A front lot line, the side lot line of a corner lot which abuts a street, or a rear lot line of a through lot.
LOT LINE, FRONT: The boundary of a lot abutting a street. On a corner lot, either lot line may be construed to be the front lot line by the owner.
LOT LINE, INTERIOR: A lot line which does not abut a street.
LOT LINE, REAR: An interior lot line which is most distant from and is or is almost parallel to the front lot line, and in the case of an irregular- or triangular-shaped lot, a line ten feet (10') in length within the lot, which is parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDE: An interior lot line which is not a front lot line or a rear lot line.
LOT LINES: The property lines bounding a lot.
LOT OF RECORD: A single lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of DuPage County, Illinois, which has a minimum lot area equal to or greater than ten thousand (10,000) square feet and a minimum lot width equal to or greater than sixty feet (60'); or any lot legally created prior to November 9, 1971, which: a) has a minimum lot area equal to or greater than ten thousand (10,000) square feet and a minimum width equal to or greater than sixty feet (60'); b) for which an assessment plat has been filed with the recorder of deeds of DuPage County, Illinois, pursuant to the provisions of 35 Illinois Compiled Statutes 205/35.
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: A lot having frontage on two (2) streets, but excluding corner or reversed corner lots.
LOT WIDTH: The length of a line parallel to the street measured at the front lot line, except on a curvilinear street where it shall be a line parallel to the street measured at the setback line.
MANUFACTURING ESTABLISHMENT: A lot and structure, the principal use of which is manufacturing, fabricating, processing, assembling, repairing, storing, cleaning, servicing or testing of materials, goods or products.
MARQUEE: A rooflike structure of a permanent nature which projects from the wall of a building.
MEMORIAL STRUCTURES: Aboveground structures within cemeteries: a) installed for the purpose of marking, commemorating, or honoring a deceased person and b) not used for the aboveground entombment of human remains, including, without limitation, grave stones, family estate markers, ornamental benches, vases and other decorative structures, and similar aboveground structures.
MICRON: A unit of length, equal to one-thousandth part of one millimeter (0.001 mm).
MOBILE HOME: A trailer designed and constructed or used for dwelling purposes which contains cooking, sanitary and electrical facilities, and has a gross floor area of four hundred twenty (420) square feet or more.
MOTOR VEHICLE: A passenger vehicle, habitable vehicle, truck, truck trailer, trailer or semitrailer propelled or drawn by mechanical power.
NAMEPLATE: 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.
NATURAL GROUND LEVEL: The existing elevation, prior to any movement of organic or nonorganic matter which would require the issuance of a permit under the ordinances of the village, or the proposed elevation as depicted on a subdivision grading plan approved by the village, or as otherwise reasonably determined by the village engineer.
NO ACCESS STRIP: A strip of land within and along a rear lot line of a through lot adjoining a street which is designated on a recorded subdivision plat or property deed as land over which motor vehicular travel shall not be permitted.
NONCONFORMING STRUCTURE: A structure lawfully established which: a) does not comply with all the regulations of this title governing the bulk of the district in which such structure is located; or b) is designed or intended for a nonconforming use.
NONCONFORMING USE: A structure and the use thereof or the use of land that does not conform with the regulations of this title governing use in the district in which it is located but which conformed with all of the codes, ordinances and other legal requirements applicable at the time such structure was erected, enlarged or altered, and the use thereof or the use of land was established.
NURSERY SCHOOL: A building containing facilities for the part time care of five (5) or more children of preelementary school age in addition to the dwelling unit of the family residing therein.
NURSING HOME: A building containing facilities for the care of and occupancy by aged, chronically ill, infirm or incurable persons, or a place of rest for those persons suffering bodily disorders, in which three (3) or more persons not members of the family residing on the premises are received, and provided with food, shelter and care, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.
OCTAVE BAND: A method of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
ODOR: The minimum concentration of odorous matter in the air that can be detected as an odor.
ODOR THRESHOLD: The minimum concentration of odorous matter in the air that can be detected as an odor. Odor thresholds for many materials and compounds can be found in table III, chapter 5, of "Air Pollution Abatement Manual", copyrighted 1951 by the Manufacturing Chemists Association, Inc., Washington, D.C.
OFF STREET PARKING FACILITY: A lot which is improved and used or a structure which is designed and used exclusively for the storage of passenger motor vehicles, either for accessory off street parking spaces or commercial off street parking spaces. When the parking structure is an accessory building, it shall be compatible in appearance with the principal building.
OPEN LAND: A single parcel of land in its natural state or used for agriculture, or outdoor recreational uses upon which there are located only structures incidental to the operation of such uses and upon which building coverage does not exceed two percent (2%) of the area.
OPEN SALES LOT: A lot occupied or used for the purpose of buying, selling, or renting merchandise stored or displayed out of doors prior to sale. Such merchandise includes automobiles, trucks, motor scooters, motorcycles, boats or similar commodities.
PARKING SPACE: A space, enclosed in a building or unenclosed, used for the parking of one automobile and which is accessible to and from a street or alley.
PARTICULATE MATTER: Finely divided solid or liquid matter, other than water, which is released into the atmosphere.
PARTY WALL: An interior wall of adjoining buildings extending from its footing to the underside of the roof, and which separates and is in common use by such adjoining buildings.
PERFORMANCE STANDARD: Criteria established to control smoke and particulate matter, noise, odor, toxic matter, vibration, fire and explosion hazards, glare and heat and radiation hazards generated by or inherent in uses of land or structures.
PRESERVATION PLAN: A proposal for residential development of existing building or buildings of historical, architectural or cultural significance containing the information required in subsection 13-6-4D2 of this title.
PRESERVATION RESTRICTION: A right, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land or in any order of taking, appropriate to the preservation of areas, places, buildings or structures to forbid or limit acts of demolition, alteration, use or other acts detrimental to the preservation of the areas, places, buildings or structures of historical, architectural or cultural significance.
PRESERVATION VISTA: A required open area on a lot measured from the principal structure to the lot lines or right of way, whichever is closer, within which no building or structure is permitted, except as specifically authorized pursuant to an approved preservation plan.
PRINCIPAL CORNERS: Not more than five (5) corners of a structure, two (2) of which are the corners having the lowest and next lowest elevations of all corners in the structure at the point where they intersect natural ground level.
PYROPHORIC DUST: A dust in a finely divided state in such concentration as to be combustible or explosive in air.
RADIATION HAZARDS: The deleterious and harmful effects of all ionizing radiation which shall include all radiation capable of producing ions in its passage through other matter. Such radiations shall include, but not be limited to, electromagnetic radiations such as X-rays and gamma rays and particulate radiations such as electrons or beta particles, protons, neutrons and alpha particles.
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 SPACES: Those off street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.
RINGELMANN CHART: The chart described in the U.S. bureau of mines information circular 6888, on which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke and smoke density.
RINGELMANN NUMBER: The number of the area on the Ringelmann chart that coincides most nearly with the visual density of emission or the light obscuring capacity of smoke.
ROADWAY: That portion of a street which is used or intended to be used for the movement of vehicles.
SENIOR CONGREGATE LIVING: Age-restricted or age-targeted housing for ages fifty-five (55) years or older, where limited or no assistance with daily living activities is needed by the residents and a state license is not required. "Senior congregate living" is a level of senior housing between age-restricted independent living facilities and assisted living facilities. The main difference between senior congregate living and assisted living is that senior congregate living facilities do not offer assistance with daily living activities.
SENIOR HOUSING: A multiple-family structure containing dwelling units controlled by a public body, nonprofit corporation for persons fifty five (55) years or older. Types of projects that fall under this definition include: independent living; assisted living; senior congregate living, and residential care facilities.
SETBACK: The minimum horizontal distance between a street line/property line, required side yard or required rear yard and any part of a structure or any edge of the area of operation of a principal use when no structure is involved. For single-family homes, the setback is measured between the street line, side yard or rear yard and the outside edge of the structure and/or eave (excluding gutters).
SIGN, POLITICAL: A sign or poster concerning candidates for office, public issues or similar matters. Such signs shall not exceed six (6) square feet in size, shall not be illuminated in any manner, shall not be affixed to any public utility, pole, tree or natural object, nor be located within a public right of way, nor create a safety or sight distance problem.
SMOKE: The visible discharge from a chimney, stack vent, exhaust or combustion process which is made up of particulate matter.
SMOKE UNIT: The number obtained when the smoke density in the Ringelmann number is multiplied by the time of emission in minutes. For the purpose of this calculation: a) a Ringelmann density reading shall be made at least once a minute during the period of observation; b) each reading is then multiplied by the time in minutes during which it is observed; and c) the various products are then added together to give the total number of smoke units observed during the entire observation period.
SOUND LEVEL: The intensity of sound of an operation or use as measured in decibels.
SOUND LEVEL METER: An instrument standardized by the American Standards Association for the measurement of the intensity of sound.
SPECIALTY RETAIL PROGRAM: One or more of the following uses and structures, when located within designated, interior areas of a shopping center, in districts where permitted as a special use, and where authorized as a special use: a) permanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, including adjacent outdoor seating; b) seasonal, portable carts (also referred to as "mobile units" or "RMUs") for the sale of prepackaged food and beverages, including adjacent outdoor seating; c) seasonal merchandising zones containing a defined number of portable carts selling primarily nonfood merchandise and packaged food gift items not intended for immediate consumption; d) defined zones for product introduction or promotional activities, such as demonstrations and fashion shows; and e) entertainment and performance zones, including tables and chairs. "Seasonal" shall mean that weather permits the operation of the portable carts.
STABLE, PRIVATE: A private stable is any building which is located on a lot on which a dwelling is located, and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling.
STABLE, PUBLIC: A building where horses are kept for remuneration, hire or sale.
STORY: That portion of a building, other than a cellar, included between the top surface of the next floor or roof above, except that a space used exclusively for the housing of mechanical services of the building shall not be construed to be a story if access to such space may be had only for maintenance of such services. The floor of a story may have split levels provided that there are not more than four feet (4') difference in elevation between the different levels of the floor. A basement shall be counted as a story and a mezzanine floor shall be counted as a story when it covers over one-third (1/3) of the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is twenty four feet (24') or more.
STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three feet (3') above the floor of such story.
STREET: A permanent public or private right of way which affords a primary means of access to abutting property.
STREET FRONTAGE: All of the property fronting on one side of a street between two (2) intersecting streets, or in the case of a dead end street, all of the property along one side of the street between an intersecting street and the end of such dead end street.
STREET, INTERNAL: A street not located along the exterior boundaries of a planned development.
STREET LINE: The street right of way line.
STRUCTURAL ALTERATION: Any change in the supporting members of a structure, such as bearing walls, columns, beams or girders; or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building.
STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but not limited to, buildings, signs and pavements.
STRUCTURE HEIGHT: The height of a structure as measured from a base elevation determined by averaging the elevations of the principal corners in the perimeter wall of the structure at natural ground level to the highest point of the structure. See section 13-3-8 of this title.
THREE COMPONENT MEASURING SYSTEM: Instruments which measure simultaneously earthborne vibrations in horizontal and vertical planes.
TOWNHOME: A one-family dwelling unit, with a private entrance, which is part of a structure which contains three (3) or more dwelling units which are attached horizontally.
TOWNHOUSE, GROUP, ROW OR GARDEN APARTMENT: A. A dwelling joined to two (2) other dwellings by party walls, vertical cavity walls, or aboveground physically unifying horizontal structural elements;
B. A dwelling joined to one other dwelling by a party wall, and aboveground physically unifying horizontal structural elements.
TOXIC MATTER: Those materials which are capable of causing injury to living organisms by chemical means.
TRAILER: A vehicle or portable structure which may be used as a conveyance on streets and highways by attachment to a motor vehicle.
USE: The purpose of activity for which the land and structures thereon is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this title.
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, PERMITTED: A use which is or may be lawfully established in a particular district provided it conforms with all requirements, regulations, and when applicable, performance standards of this title for the district in which such use is located.
USE, PRINCIPAL: The dominant use of land or structures as distinguished from a subordinate or accessory use.
USE, SPECIAL: A use that has unusual operational, physical or other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that complements and is otherwise, or can be made, compatible with the intended overall development within a district. Compliance with special standards not necessarily applicable to other permitted uses or special uses in the district shall be required for a special use, as regulated in this title.
VEHICLE: Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway except for devices moved by human power or used exclusively upon stationary rails or tracks.
VIBRATION: The periodic displacement, measured in inches, of earth at designated frequency cycles per second.
VILLAGE: The village of Oak Brook, Illinois.
VILLAGE CLERK: The village clerk of the village of Oak Brook, Illinois.
VILLAGE ENGINEER: The official of the village, duly appointed and designated as the village engineer.
VILLAGE PRESIDENT: The village president of the village of Oak Brook, Illinois.
WET DRAINAGEWAY: Any stream, creek, brook, branch, natural or artificial depression, slough, gulch, reservoir, lake, pond or natural or manmade drainageway in, or into which, stormwater runoff or floodwaters flow regularly.
YARD: A required open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this title.
YARD ADJOINING A STREET, SIDE: A yard which is bounded by the front yard line, side yard adjoining a street line, rear yard line and side lot line adjoining a street.
YARD, FRONT: A yard which is bounded by the side lot lines, front lot line and the front yard line.
YARD, INTERIOR SIDE: A side yard which adjoins another lot or an alley separating such side yard from another lot.
YARD LINE, FRONT: A line in a lot that is parallel to the front lot line and which is not nearer to the front lot line at any point than the required front yard depth.
YARD LINE, REAR: A line in a lot that is parallel to the rear lot line and which is not nearer to the rear lot line at any point than the required rear yard depth.
YARD LINE, SIDE: A line in a lot that is parallel to the side lot line and which is not nearer to the side lot line at any point than the required side yard depth.
YARD, REAR: A yard which is bounded by side lot lines, rear lot line and the rear yard line.
YARD, SIDE: A yard which is bounded by the rear yard line, front yard line, side yard line and side lot line.
ZONING BOARD OF APPEALS: The zoning board of appeals of the village of Oak Brook, Illinois, as created in this code 3 .
ZONING COMMISSION: The zoning commission of the village of Oak Brook, Illinois.
ZONING DISTRICT MAP: The zoning district map of the village of Oak Brook, Illinois.
ZONING DISTRICTS: The districts into which the village of Oak Brook, Illinois, has been divided as set forth on the zoning district map, for the purpose of zoning regulations and requirements. (Ord. G-60, 3-22-1966; Ord. G-135, 6-22-1971; Ord. G-142, 1-25-1972; Ord. G-178, 12-9-1975; Ord. G-180, 4-13-1976; Ord. G-203, 12-14-1976; Ord. G-215, 4-26-1977; Ord. G-233, 5-31-1978; Ord. G-305, 9-8-1981; Ord. G-328, 8-24-1982; Ord. G-420, 12-13-1988; Ord. G-448, 7-10-1990; Ord. G-449, 8-14-1990; Ord. G-510, 6-8-1993; Ord. G-518, 8-10-1993; Ord. G-695, 3-26-2002; Ord. G-721, 6-10-2003; Ord. G-733, 11-11-2003; Ord. G-903, 11-10-2009; Ord. G-916, 1-12-2010; Ord. G-934, 9-28-2010; Ord. G-989, 1-22-2013; Ord. S-1559, 2-12-2019; Ord. G-1227, 1-24-2023)
Notes
| 1 | 1. See Title 14 of this Code. |
| 2 | 1. See title 2, chapter 1 of this code. |
| 3 | 1. See title 2, chapter 8 of this code. |