For the purpose of this chapter, certain terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural; the word "building" shall include the words "structure" and "premises"; the word "shall" is mandatory and not permissive; the words "used" or "occupied" include the words "intended," "designed" or "arranged" to be used or occupied; the word "lot" includes the words "plot" or "parcel"; and the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. All measured distances, expressed in feet, shall be to the nearest integral foot; if a fraction is one-half foot or more, the integral foot next above shall be taken. Any word not herein defined shall have the meaning set forth in the City Building Code or in Webster's New International Dictionary, Second Edition.
ABANDONMENT. An action by which a person ceases to use property as previously used, thereby giving up a right or interest in such property.
ABOVE-GROUND SERVICE FACILITY. An above-ground structure, used by a service entity to provide service to the public, and which has a volume above-ground surface of greater than 24 cubic feet, a linear size greater than four feet in any one dimension, or a footprint in square feet of greater than 5% of the maximum lot coverage for the lot.
ABUTTING. To have a common property line or district line.
ACCESSORY BUILDING, STRUCTURE OR USE. A building, structure or use which:
(1) Is subordinate, incidental to and serves a principal building, structure or use;
(2) Is subordinate in area, extent or purpose to the principal building, structure or use served;
(3) Contributes to the comfort, convenience or necessity of occupants of the principal building, structure or use served; and
(4) Is located on the same lot as the principal building, structure or use served, except to the extent that accessory off-street parking facilities are permitted to locate elsewhere than on the same lot with the principal building, structure or use served.
ADJACENT. Lying near another property.
ADULT BOOKSTORE. An establishment having, as a substantial portion of its stock in trade, books, magazines and other periodicals, cards, adult gifts, sexual aids, accessories, or equipment, films for sale, rental or viewing on premises, by use of motion picture devices or other means, any of which are distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, or an establishment with a segment or section devoted to the sale or display of such materials.
ADULT ENTERTAINMENT CABARET. An establishment offering to its patrons, as entertainment, any live exhibition or display, or any theatrical or other live performance, including but not limited to topless or go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or any person singing, reading, posing, modeling or serving food or beverages, where such exhibition, performance, display or dance is intended to sexually arouse the entertainer or the patrons, or where the attire of persons involved is such as to expose specified anatomical areas, as defined herein.
ADULT MOTION PICTURE THEATER. An enclosed building, regardless of its seating capacity, which is used to present for public view on the premises, films, movies, previews, trailers or advertisements which are distinguishable by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein.
ADULT USE. An adult bookstore, adult entertainment cabaret, and/or adult motion picture theater.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT. An adult-use craft grower, adult-use cannabis cultivation center, adult-use dispensing organization, adult-use dispensary, adult-use infuser organization, adult-use processing organization or adult-use transporting organization.
ADULT-USE CANNABIS CRAFT GROWER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS CULTIVATION CENTER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS DISPENSARY. A facility operated by an adult-use cannabis dispensing organization at which activities licensed by the Cannabis Regulation and Tax Act (public Act 101-0027) may occur.
ADULT-USE CANNABIS DISPENSING ORGANIZATION. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS PROCESSING ORGANIZATION or ADULT-USE CANNABIS PROCESSOR. A facility operated by an organization or business that is licensed by the Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION or ADULT-USE CANNABIS TRANSPORTER. An organization or business that is licensed by the Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program.
AGRICULTURE. Farming, dairying, pasturage, horticulture, floriculture, viticulture, silva culture, and animal and poultry husbandry and accessory uses customarily incidental to such activities.
AIRPORT. A lot which is used, or intended, for the landing and take-off of aircraft, together with all structures located thereon.
ALTERATION. A change in size, shape, character, location or use of a structure.
AMUSEMENT PARKS. Facilities offering four or more distinctly different outdoor recreational activities for use by the public.
ANIMAL HOSPITAL. Any building or portion thereof designed or used for the care, observation, treatment, or boarding of domestic animals.
ANTENNA. An arrangement of wires, metal rods, or similar materials used for the transmission and/or reception of microwaves and radio waves, including, but not limited to, radio waves that carry the signals of television and radio stations and other electromagnetic energy signals.
ANTENNA HEIGHT. The distance measured vertically from the highest point of the antenna when positioned for operation, and as mounted on a building or antenna supporting structure, to the lowest point, which is defined as the bottom of the base of the building or antenna supporting structure being measured at either roof or ground level, whichever is applicable. ANTENNA HEIGHT shall include the height of any antenna supporting structure, other than a building, on which an antenna may be mounted or of any structure that may be attached to an antenna, including but not limited to, any mast, pole or tower.
APARTMENT. See DWELLING UNIT.
ASSISTED LIVING FACILITY. A residential facility containing one or more buildings, distinguished from other forms of residential development by the fact that it provides accommodations and living arrangements in the form of living units for adults in need of some protective oversight or assistance due to physical, mental or functional limitations. Such facility may provide a living arrangement integrating shelter, food, medication management, and other supportive services as may be necessary to provide assistance in life functions (including, without limitation, healthcare support, housekeeping services, personal services and transportation services). An ASSISTED LIVING FACILITY also may include accessory uses, including, without limitation, healthcare, dental or medical office facilities, pharmacies, recreational facilities, worship facilities, social and dining areas of common use, central kitchen facilities, and stores or offices for the provision of goods and services only to or for the residents and employees of the facility.
ASSISTED LIVING UNIT. A group of rooms which are arranged, designed and/or used as living quarters for one or more individuals within an assisted living facility. An ASSISTED LIVING UNIT shall contain bathroom facilities. Although a kitchen is not permitted, an ASSISTED LIVING UNIT may include a sink, microwave oven and refrigerator. An ASSISTED LIVING UNIT shall not be deemed to be a dwelling unit under the provisions of this chapter.
AUTOMOBILE SERVICE STATION. A building or portion thereof or a lot used for offering fuels, oils and/or accessories for motor vehicles, for sale at retail to the public, and where repair service may be incidental.
AWNING. A roof-like projection, rigid or retractable in operation, which projects from the wall of a building.
BASEMENT. A story having part of its floor to clear ceiling height below grade. A BASEMENT shall not be counted as a story under the provisions of this chapter.
BERM, EARTH. A landscaped mound of earth.
BI-LEVEL. A dwelling with one story at approximate grade level, and a second story one-half story higher over a habitable basement in which approximately one-half of which basement is above grade level.
BLOCK. A tract of land bounded by streets, or by a combination of streets, railroad rights-of-way, public parks, permanent open space, and/or other lines of demarcation.
BUILDABLE AREA. That portion of a lot which meets at least the minimum front yard, side yard and rear yard requirements of the district within which it is located.
BUILDING. A structure that is permanently affixed to the land, has one or more floors and a roof and is designed or intended for use as a living quarters, shelter, business or storage.
BUILDING, ACCESSORY. A subordinate building or portion of a principal building, the use of which is incidental to and customary in connection with the use of the principal building, and which is located on the same zoning lot as the principal building or use, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot as the building or use served.
BUILDING, HEIGHT OF. Except as provided in § 156.075(G)(1), the vertical distance measured from the average elevation of the finished grade along the front of the building to the highest point of the building. Equipment, penthouses, air conditioning or heating systems, whether solar or otherwise, shall be included in computing the height of the building.
BUILDING, PRINCIPAL. A non-accessory 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 on the parcel of property where it is constructed or erected.
BUILDING CODE. The most recent edition of the International Building Code, as published by the International Code Council, Inc., that has been adopted by the City of Oakbrook Terrace.
BUILDING LINE. The line nearest the front lot line, running approximately parallel to the front lot line across the width of a lot at the point of the required front yard depth.
BULK. The term used to indicate the size, location and number of structures, including:
(1) Size and height of structures;
(2) Location of exterior walls;
(3) Floor area ratio;
(4) Open space allocated to structures;
(5) Yard requirements;
(6) Lot area; and
(7) Lot width.
BUSINESS. An occupation, employment, or enterprise which occupies time, attention, labor and materials; or wherein merchandise is exhibited or sold or services are offered.
CABLE SERVICE. The one-way transmission to subscribers of video programming; or other programming service; and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CANNABIS. Marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis sativa and including any and all derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means concentrate and cannabis-infused products.
CANNABIS-INFUSED PRODUCT. A beverage, food, oil, ointment, tincture, topicaI formulation, or another product containing cannabis that is not intended to be smoked.
CANOPY. A permanent structure that is an overhanging shelter consisting of a roof and vertical ground mounted supports.
CARPORT. A roofed automobile shelter, with two or more open sides.
CARWASH. A building or portion thereof containing facilities for washing motor vehicles by using either manual or mechanical methods, or both.
CATERING ESTABLISHMENT. A business whose primary purpose is to prepare food for consumption at another location.
CITY COUNCIL. The City Council of the City of Oakbrook Terrace.
CLUB or LODGE. A building or space in a building which is owned, hired or leased for use by a corporation organized under the laws of the state for the promotion of some common object other than the sale and consumption of alcoholic liquor, which is kept, used, and maintained by its members, through the payment of annual dues, is of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests, and is provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and guests.
COCKTAIL LOUNGE. An area that is accessory to a restaurant but is located within the restaurant, which holds a license issued by the Liquor Commissioner for the retail sale of alcoholic beverages on the premises, and which is utilized generally by non-eating customers.
CODE OFFICIAL. The city’s Director of Community and Economic Development, duly appointed and designated as its code official.
COMPREHENSIVE PLAN. The Comprehensive Plan of the City of Oakbrook Terrace.
CONFORMING STRUCTURE. Any structure which:
(1) Complies with all the regulations of this chapter governing the district in which said structure is located; or
(2) Is designed or intended for a permitted use or special use, as allowed in this chapter in the district in which it is located.
CONSTRUCTION TRAILER. A vehicle used for the temporary storage of materials, or temporary office space related to a construction site or construction area. Such a trailer shall have no foundation other than wheels, blocks, skids, jacks, horses or skirting.
CONVERSION. The partitioning of a single-dwelling unit into two or more separate households or the changing of the use of an existing building into another use.
CUL-DE-SAC. A minor street which has one open end and is permanently terminated at the other by a vehicular turnaround.
DAY CARE CENTER. Any child care facility which regularly provides day care for less than 24 hours per day for more than eight children in a family home, or more than three children in a facility other than a family home, as defined and regulated in the Child Care Act of 1969 (ILCS Ch. 225, Act 10, §§ 1 et seq.), and as permitted as a special use in the R-1 Single-Family Residence District.
DAY CARE HOME. A family home which receives more than three and up to a maximum of 12 children for less man 24 hours per day, including the family's natural or adopted children and all other persons under the age of 12 in the home, as deemed and regulated under the Child Care Act of 1969 (ILCS Ch. 225, Act 10, §§ 1 et seq.), and as permitted as a special use in the R-1 Single-Family Residence District.
DECK. A wood or wood-like structure attached to or closely adjacent to any dwelling unit, which is designed and intended for the support of persons, has no permanent or temporary cover or canopy, is constructed on piers and without continuous foundation or footings, and has no part extending above the floor level of the first story of such dwelling, excluding the basement; provided that protective, decorative or ornamental appurtenances, such as hand railings, benches and the like, may extend not in excess of 42 inches above such floor level.
DEVELOPMENT. The physical alteration of a tract of land, including construction, reconstruction, or modification of buildings and structures, grading, and other related changes.
DEVELOPMENT, MIXED USE. A type of development containing a variety and commingling of uses (residential and non-residential), that are designed to work together to produce an attractive place to live, work, shop and recreate.
DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT. An individual appointed by the Mayor, who is authorized and responsible for administering and enforcing the provisions of this chapter, making such determinations, interpretations and orders as are necessary therefor, and requiring such plats, plans and other descriptive material in connection with applications for permits as are necessary to judge compliance with this chapter.
DISTRICT, ZONING. An area which is a divided portion of the city, as designated on the city's zoning map, where certain uniform regulations and requirements apply to uses and development in accordance with the provisions of this chapter.
DRIVE-IN or DRIVE-THROUGH ESTABLISHMENT. A structure or part thereof in which facilities are provided primarily for serving patrons parked or driving in automobiles on or through the premises.
DRIVEWAY. A private road which provides access to a lot, or to a use located on such lot, from a public way.
DRIVEWAY FLARE. One-half of the mathematical difference between the width of the driveway at the back of curb or edge of pavement and the width of the driveway at the right-of-way line. A DRIVEWAY FLARE may be in the shape of a triangle or an arc.
DWELLING. Any building or portion thereof which is designed and used exclusively for residential purposes, not including a hotel, nursing home, or mobile home.
DWELLING, ATTACHED. A building which was originally designed and constructed to accommodate two or more dwelling units, to have its own ground floor entrance and its own living space, and to be joined together by a common wall or walls.
DWELLING, DETACHED. A dwelling unit which does not share a common wall with any other dwelling and is surrounded on all sides by open space located on the same lot.
DWELLING, MULTIPLE-FAMILY. A building containing three or more dwelling units, with more than one of such dwelling units connecting to a common corridor or entranceway.
DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively by one family.
DWELLING UNIT. One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family, with cooking, living, sanitary and sleeping facilities.
EASEMENT. Land which has been designated by lawful agreement between the owners of land and another person or persons for a specified use only by such person or persons without passing the fee title to the person or persons using such land.
FAMILY. One or more persons related by blood, marriage, or adoption, occupying a dwelling unit as an individual housekeeping organization; provided that such a family may include not more than two persons who are not related by blood, marriage, adoption, or foster care as regulated by the state; and further provided that not more than three persons who are not related by blood, marriage or adoption may also be considered a family.
FENCE. A structure used to provide a barrier, or a means of confinement, and that is made of materials including, but not limited to, wire mesh, chain-link, wood, landscaping or stone materials.
FENCE, LIVING GREEN. A fence made of densely planted non-deciduous shrubbery and trees, which conceals from the view of adjacent properties, streets or alleys, the buildings, structures and activities conducted on the property on which the fence is located.
FENCE, OPEN. A fence, including gates, for which 50% or more of its surface area is open space, as viewed from an angle of 90 degrees from the fence line, for the entire length of the fence.
FENCE, SOLID. A fence, including gates, for which less than 50% of the surface area is open, and which conceals activities conducted behind it from view from adjacent properties, streets or alleys.
FLOOR AREA. The square feet of floor space within the outside line of walls of a building, including the total of all space on all floors of such building. FLOOR AREA does not include porches, garages, stairs, elevators and mechanical equipment on any floor of a building, or space in a basement when it is used for storage or incidental uses. Any space devoted to off-street parking or loading shall not be included in the floor area, including any space devoted to parking garages in commercially zoned districts.
FLOOR AREA RATIO (FAR). The total floor area of the building or buildings, including the area of all accessory buildings other than parking garages on a lot, divided by the area of such lot.
FOOT CANDLE. A unit of illuminance on a surface that is everywhere one foot from a uniform point source of light of one candle power and is equal to one lumen per square foot.
FRONTAGE. All of the property fronting on one side of a street between two 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.
GARAGE, PRIVATE. An accessory building or an accessory portion of the principal building, including a carport which is intended for and used for storing the private passenger vehicles of the family or families resident upon the premises.
GARAGE, PUBLIC. A building or portion thereof; other than a storage garage, designed or used for equipping, servicing, or repairing motor vehicles.
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 chapter, and in which no motor vehicles are equipped, repaired, hired or sold.
GUEST, PERMANENT. A person who occupies or has the right to occupy a hotel accommodation as his place of permanent residence.
HOME OCCUPATION. An accessory use of a residential dwelling conducted entirely within the dwelling, and not within any attached or detached garage, for the purpose of gainful employment by no more than two members of a family residing on the premises.
HOTEL. A building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests for adequate compensation, and where lodging rooms are accessed from interior hallways. Such building or group of buildings and facilities may also include public or private restaurants or dining rooms, up to two indoor cocktail lounges, room service facilities, in-room mini-bars, banquet facilities or a conference center, rooms providing dancing or live entertainment, and recreational facilities such as a golf course.
JUNK YARD. A lot, with or without accessory structures, used for the abandoning, storing, 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.
LANDSCAPE WALL. A structure designed for landscape purposes, including minor grade changes, that does not affect a building or buildings above or below the wall or maintain an engineered retention pond or detention area.
LANDSCAPED AREA. An area mat is permanently devoted and maintained for the growing of shrubbery, grass and other plant material; retention or detention ponds; fences; timbers; and bricks and stones that are not used for pedestrian or vehicular access.
LAUNDERETTE. A business that provides coin operated self-service washing, drying, dry-cleaning or ironing facilities; provided that no pick-up or delivery service is maintained.
LIQUOR STORE. A business establishment where alcoholic liquors are kept and sold but where such alcoholic liquors are not consumed on the premises.
LOADING BERTH. A space within the principal building or on the same lot as the principal building that provides for the standing, loading or unloading of trucks.
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 purposes of this chapter.
LOT. A parcel of land which is part of a real estate subdivision, the plat of which has been recorded in the Office of the Recorder of Deeds of DuPage County, Illinois, pursuant to state law, or for which an assessment plat describing the parcel by a metes and bounds description has been recorded in the Office of the Recorder of Deeds of DuPage County, Illinois, pursuant to state law, which is occupied or intended for occupancy by a use permitted in this chapter, and which has its principal frontage upon a road or street.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting rights-of-way or streets, or a lot at the point of deflection in alignment of it single street, the interior angle of which does not exceed 135 degrees.
LOT, INTERIOR. A lot that is not a corner lot.
LOT, THROUGH. A lot having frontage on two streets, but excluding corner or lots.
LOT AREA. The square footage of the land within the perimeter of the lot lines.
LOT DEPTH. The mean horizontal distance between the front and rear lot lines. For purposes of determining lot depth on a corner lot, the depth of such lot shall be measured between the narrower of the street frontages and the most distant opposite lot line.
LOT LINE, FRONT. The boundary of a lot abutting a street. Corner lots and through lots have two front lot lines for purposes of determining the required front yard; provided that, in the case of a corner lot, for purposes of determining the rear lot line and the required rear yard, the front lot line shall be the most narrow line fronting on a street.
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 parallel or almost parallel to the front lot line, and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, which is parallel to and at a maximum distance from the front lot line. In the case of a corner lot, a line parallel to and opposite of the most narrow lot line fronting on a street.
LOT LINE, SIDE. An interior lot line which is not a front lot line or a rear lot line.
LOT LINE ABUTTING A STREET. The front lot line, the side lot line of a corner lot which abuts a street, or the rear lot line of a through lot.
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.
LOT WIDTH. The width of a lot at the building line established for the zoning district in which the lot is located.
LUMEN. A unit of luminous flux equal to the light emitted in a unit solid angle by a uniform point source of one candle.
MARQUEE. A roof-like structure of a permanent nature which projects from the wall of a building and is used for purposes of signage.
MAYOR. The Mayor of the City of Oakbrook Terrace.
MEDICAL CANNABIS. Cannabis and its constituent cannabinoids, such as tetrahydrocannabinol (THC) and cannabidiol (CBD), used as an herbal remedy or therapy to treat disease or alleviate symptoms which can be administered in a variety of ways, including, but not limited to: vaporizing or smoking dried buds; using concentrates; administering tinctures or tonics; applying topicals such as ointments or balms; consuming infused food products.
MEDICAL CANNABIS CULTIVATION CENTER. A facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.
MEDICAL CANNABIS DISPENSING FACILITY. A facility where medical cannabis, paraphernalia, or related supplies and educational materials are dispensed to registered qualifying patients operated by a medical cannabis dispensing organization.
MEDICAL CANNABIS DISPENSING ORGANIZATION. An organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a registered medical cannabis cultivation center for the propose of dispensing medical cannabis , paraphernalia; or related supplies and educational materials to registered qualifying patients.
MOBILE HOME. A moveable or portable unit, designed and constructed to be towed on its own chassis, comprised of frame and wheels, and designed to be connected to utilities for year-round occupancy and to provide for complete independent living facilities, including provisions for cooking, sleeping and sanitation. Such a unit shall not be deemed to be a dwelling for purposes of this chapter.
MOTOR VEHICLE. Every vehicle which is self-propelled, except for vehicles moved solely by human power and motorized wheelchairs.
NONCONFORMING BUILDING OR STRUCTURE, LEGAL. A building or structure or portion thereof which was lawful when established but which is not in conformance with the provisions of this chapter. Such a building or structure may have been rendered nonconforming as a result of annexation or by the adoption of an amendment or amendments to this chapter, and it shall remain a legal nonconforming building or structure until such time as it is made conforming or is terminated as provided for in this chapter.
NONCONFORMING USE, LEGAL. The use of land or a building or a portion thereof, which was lawful when established but which no longer conforms with the use regulations of the district in which it is located. Such a use may have been rendered nonconforming as a result of annexation or by the adoption of an amendment or amendments to this chapter, and it shall remain a legal nonconforming use until such time as it is made conforming or is terminated as provided for in this chapter.
NURSING FACILITY. A place, whether or not operated for profit or by a governmental agency or political subdivision of the State of Illinois, which provides personal care, sheltered care or nursing for three or more persons not related to the owner by blood or marriage, including but not limited to skilled nursing facilities and intermediate care facilities providing residents with skilled nursing care and related services for residents who require medical or nursing care or rehabilitation services for the injured, disabled or sick, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness, as regulated in the Nursing Home Care Act (ILCS Ch. 210, Act 45, §§ 1-101 et seq.).
OBSTRUCTIONS. An obstruction is any building or structure or parts thereof, which is located so as to come in the way of any open area required by this chapter. Trees or shrubs planted in accordance with this chapter shall not be considered an obstruction.
OFF-STREET PARKING FACILITY. A lot which is improved and used, or an attached or detached accessory structure, or portion of a principal structure, which is designed and used exclusively for parking spaces and storage of passenger motor vehicles.
OFFICE. A building or portion of a building wherein predominantly administrative, business or professional services are offered or performed or business is conducted, including but not limited to the services of doctors, dentists, personal trainers, attorneys, accountants, insurance agents and clerical operations.
OFFICE, BUSINESS OR PROFESSIONAL. A place where a particular kind of business is transacted or a professional service is provided.
(1) A BUSINESS OFFICE may be used for occupations, including but not limited to, real estate brokers, insurance brokers, financial and investment advisors, clerical personnel, trainers, editors, administrators and other similar occupations.
(2) A PROFESSIONAL OFFICE may be used to provide services that require knowledge in a field of learning typically acquired through education or training pertinent to the specialized field, as distinguished from general education, including but not limited to, engineers, attorneys, accountants, architects, planners, dentists, orthodontists and other similar professions but, for purposes of this chapter, does not include professions defined under OFFICE, MEDICAL.
OFFICE, MEDICAL. A place, sometimes but not always associated with a hospital or medical school, that is devoted, in whole or in part, to examination, treatment, diagnosis and care, on an out-patient basis, by physicians, ophthalmologists, psychiatrists, and other medical practitioners but, for purposes of this chapter, does not include dentists, orthodontists, other specifically identified professions, and places wholly devoted to physical or occupational therapy, including acupuncture and similar alternative therapies.
OPEN SALES LOT. Any land used or occupied for the purpose of buying and selling merchandise, passenger cars, trucks, motor scooters, motorcycles, boats, trailers, recreational vehicles, aircraft and monuments and for the storing of same prior to sale.
OPEN SPACE. Parks, playgrounds, parkway medians, landscaped green space, or similar open areas that are used for agriculture or outdoor recreational uses, but not including public right-of-way, private driveways or roadways, or parking facilities.
ORNAMENTAL ENTRY GATE. Structures erected generally parallel to and not perpendicular to a street, which are used in conjunction with a sign for the purpose of ornamentation intended to improve, identify, designate, label or demarcate the entrance to or exit from a residential or office subdivision or planned unit development. Such structures may include, but are not limited to, decorative walls, columns, fence-like structures, sculptures or statues and are not considered part of a sign per se; however, an ornamental entry gate sign may be a part of or mounted on the face of an ornamental entry gate as set forth in § 156.043.
PARCEL. A lot, or contiguous group of lots in single ownership or under single control which are usually considered a unit for purposes of development.
PARK. A publicly owned area that is open to the general public and is reserved for recreational, educational, or scenic purposes.
PARKING SPACE. A designated area, enclosed or unenclosed, that is used to store one automobile, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of such an automobile.
PARKING STRUCTURE, DECK OR GARAGE. An accessory structure used for the parking or storage of motor vehicles in conjunction with multiple-family or commercial uses.
PATIO. See TERRACE.
PLANNED UNIT DEVELOPMENT. A special use for land which is of such substantially different character from other special uses that specific and additional standards and exceptions are necessary; and which will allow uses, bulk and site layout that would not otherwise be allowed by law; will contain or provide amenities not otherwise required by law, including but not limited to provisions for common open space, recreational facilities, or specific design, engineering, architectural, site planning or landscape features; or will offer benefits to the neighborhood of which it is a part or to the general public welfare beyond those required by this chapter.
PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission of the City of Oakbrook Terrace.
PLAT. A map indicating graphically a proposed land subdivision or re-subdivision prepared in a form suitable for filing for record with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets, alleys, public areas and other dimensions of land.
PORCH. A roofed open area, which is attached to or part of a building, with direct access to or from such building.
PREMISES. A lot together with all buildings and structures thereon.
PRESCHOOL. A facility that provides educational group experiences for children prior to their entrance into the primary grades of elementary school, usually children from ages three
to six or seven.
PUBLIC UTILITY. Any person, firm or corporation duly authorized to furnish electricity, gas, steam, telephone, telegraph, cable television, electronic data, water or sewage services to the public under public regulation.
RECREATIONAL VEHICLE. Any boat, trailer or motor vehicle which is used primarily for recreational purposes and not commercially, which is without permanent foundation, and which may legally be driven or towed by a motor vehicle on a highway or street.
RESEARCH LABORATORY. A building, portion of 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.
RESTAURANT. Any public place kept, used, maintained, advertised or held out to the public as a place where the primary business is the service of meals, and where meals are actually and regularly served, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. No premises which charges any kind of entrance fee or requires a minimum amount to be spent solely for the purchase of alcoholic liquor or other beverages, and no premises that provides sleeping accommodations, shall be deemed to be a RESTAURANT hereunder.
RETAINING WALL. A structure built to fortify an elevation or embankment to create a change in grade that may structurally affect a building or buildings above or below the structure, or to permanently maintain an engineered retention pond or detention area.
RIGHT-OF-WAY. A strip of land dedicated to the public or owned by a public utility, and occupied or intended to be occupied by a street, crosswalk, railroad line, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another similar special use, as established and depicted on a final plat so as to be separate and distinct from the lots or parcels abutting it and so as not to be included within the dimensions of such lots or parcels.
SANITARY LANDFILL. A type of operation in which refuse and earth or other suitable cover material is deposited in alternate layers of specified depth in accordance with a definite plan acceptable to the City Engineer on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment.
SATELLITE DISH ANTENNA. A device which incorporates a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based equipment. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, television receive-only antennas (TVROs) and satellite microwave antennas.
SATELLITE SIGNALS. Those radio or electromagnetic waves which contain satellite cable programming and other satellite transmissions, and which are designed to be lawfully received or transmitted by satellite dish antennas.
SCREENING. A structure erected or vegetation planted for concealing from viewers the area behind it.
SEASONAL OUTDOOR GARDEN SALES. A temporary use requiring a permit pursuant to § 156.050 of this chapter, for the temporary sale and delivery of garden materials on the sidewalk immediately in front of a building occupied by a permitted retail use, including live flowers, shrubs, and similar live plants, wreaths, pumpkins and similar organic holiday decorations.
SEMITRAILER. Every vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle so that some part of its weight and that of its load rests upon or is carried by another vehicle.
SENIOR CITIZEN HOUSING. A multiple-family building designed for occupancy by the elderly, which means a dwelling:
(1) Provided under any state or federal housing subsidy program for elderly persons (as defined in any such program); or
(2) Intended for and operated for occupancy by at least one person 55 years of age or older per unit, provided that the building shall:
(a) Provide significant facilities and services specifically designed to meet the physical or social needs of persons 55 years of age or older or, if the provision of such facilities and services is not practicable, such housing shall be determined to be necessary to provide important housing opportunities for older persons; and
(b) Have at least 80% of its units occupied by at least one person 55 years of age or older per unit or, if less than 80% of such units are so occupied, not less than 80% of such units shall be reserved for occupancy by persons 55 years of age or older; and
(3) Publish and adhere to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
SERVICE. Furnishing to the public of cable or video service.
SERVICE ENTITY. An individual or entity owning or operating any above ground service facility that provides services.
SETBACK. See FRONT YARD, REQUIRED.
SEWAGE SYSTEM. A facility designed for the collection, removal, treatment, and disposal of waterborne sewage.
SHOPPING CENTER. An integrated group of predominantly retail oriented establishments located on a parcel of land which is not less than two acres, is planned, developed, owned or managed as a unit, and is within a building or buildings with common parking facilities.
SHORT-TERM RENTAL. A single-family dwelling, or a residential dwelling unit in a multi-unit structure, condominium, cooperative, timeshare or similar joint property ownership arrangement that is rented for a fee for less than 28 consecutive days. "Short-term rental" includes vacation rentals. "Short-term rental" does not include: (a) a dwelling that is used for any non-residential purpose, including educational, health care, retail, restaurant, banquet space, event center or other similar uses; (b) a bed and breakfast establishment as defined in Section 2 of the Bed and Breakfast Act; or (c) transient accommodations, including hotels and motels that are not classified as residential property for real property taxation purposes.
SIGN. An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to an object, product, place, activity, person, institution, business or organization or idea.
SIGN, ALTERATION. A change in the structure of a sign; an addition or enlargement of a sign; movement of a sign; change of the sign face, including color, or a change in the business use or identity associated with a sign. Repair of a sign without such changes shall not be considered alternation of the sign.
SIGN, BUILDING IDENTIFICATION. A non-illuminated or indirectly illuminated freestanding or wall sign, which states only the name, address, or other information that serves to identify a building or the uses therein.
SIGN, CONSTRUCTION SITE. A single-sided sign at a site on which new exterior construction is occurring, which sign directs attention to the rules and regulations applicable to such a site, including but not limited to, work hours, traffic rules, environmental regulations, and clean up regulations.
SIGN, DIGITAL. A sign or portion thereof designed to accommodate frequent message changes composed of characters, letters, or illustrations that can be changed electronically.
SIGN, DIRECTIONAL. A type of sign directing traffic movement onto or within a parcel which may also contain the name of the business and/or logo.
SIGN, ELECTRONIC DIGITAL DISPLAY. A type of sign where the message is displayed by internally illuminated components capable of changing the message periodically including, but not limited to, liquid crystal display (LCD), light emitting diode (LED) and plasma displays.
SIGN, ELECTRONIC MESSAGE CENTER. A type of illuminated changeable copy sign that consists of electronically changing alphanumeric text.
SIGN, FLASHING. An illuminated sign on which the artificial light is not maintained constantly or in stationary intensity or color at all times when such sign is in use. For the purpose of this chapter a FLASHING SIGN may include a revolving sign, any advertising device which attracts attention by moving parts, or is operated by mechanical equipment, or for which movement is caused by natural sources, whether or not illuminated with artificial lighting.
SIGN, FREESTANDING. Any sign which is not attached to any building, but is mounted on the ground.
SIGN, GROSS SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of a sign, exclusive of structural or framing elements.
SIGN, INDIRECTLY ILLUMINATED. A sign having its characters, letters, figures, designs, or outlines illuminated entirely by its own source of artificial light located outside the perimeter of such sign, including but not limited to spot lights directed onto the sign face.
SIGN, INTERNALLY ILLUMINATED. A sign illuminated by light sources enclosed entirely within the sign cabinet and not directly visible from outside the sign, including but not limited to lighting inside the sign structure or behind an opaque sign panel, and individually backlit letters.
SIGN, MONUMENT. A sign which is displayed on a decorative feature of brick, wood, metal or other material, and which is intended to serve as an entry feature or focal point.
SIGN, OFF-PREMISES FREESTANDING. Any sign which is not attached to any building, but is mounted on the ground, for which the copy does not relate directly to the business or enterprise conducted on the premises on which it is located.
SIGN, ON-PREMISES. A sign which directs attention to a business commodity, service, entertainment, or other activity conducted upon the lot upon which such sign is located.
SIGN, ORNAMENTAL ENTRY GATE. A non-illuminated or indirectly illuminated sign, which is located on the street side of an ornamental entry gate, and which sets forth the name and/or address of a residential or office subdivision or planned unit development.
SIGN, POLE. A sign that is mounted to the ground, that is not attached or dependent for support from any building, and whose face or cabinet is supported by poles or braces or by a larger single pole.
SIGN, PORTABLE-TRAILER TYPE. Any sign attached to or part of a vehicular trailer, which can be transported by motor vehicle, and which may use electrical or lighted displays for the purpose of advertising.
SIGN, ROOF. A sign that is mounted or painted on the roof of a building, or that is wholly dependent upon a building for support and that projects above the highest point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof, or the deck line of a building with a mansard roof.
SIGN, TEMPORARY. Any non-illuminated banner, pennant, streamer or advertising display sign, which is temporarily erected, installed, hung or displayed, not for long-term use.
SIGN, WALL. Any sign attached, applied to, placed flat against or displayed parallel to the exterior front, rear or side wall of any building or structure.
SIGN, WINDOW. A sign that is visible from the exterior of a building or structure and that is permanently painted on a window, or hung immediately behind a window, or displayed from a window, for the specific purpose of identifying the proprietor, name of business, or items or services offered within the building.
SIGN AREA. The total area of the space to be used for advertising purposes, including the spaces between open-type letters and figures, and including the background structure or any other decoration or addition which is an integral part of a sign. Sign supports shall be excluded in determining the area of a sign. Each side of a double-faced sign shall be calculated in determining the total area of the sign.
SNACK BAR. Any place where light, quick meals are served, typically involving little or no food preparation.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region, or pubic hair;
(b) Buttock; or
(c) Female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation;
(3) Fondling or erotic touching of human genitals, pubic region, buttock or female breast;
(4) Excretory functions as part of or in connection with any activities set forth in divisions (1) through (3) above.
SPORTS EVENT. A professional sport or athletic event, a collegiate sport or athletic event, a motor race event, or any other event or competition of relative skill authorized by the Illinois Gaming Board under the Sports Wagering Act (ILCS Ch. 230, Act 45, §§ 25-1 et seq.).
SPORTS WAGERING. Accepting wagers on sports events or portions of sports events, or on the individual performance statistics of athletes in a sports event or combination of sports events, by any system or method of wagering, including, but not limited to, in person or over the internet through websites and on mobile devices. "Sports wagering" includes, but is not limited to, single-game bets, teaser bets, parlays, over-under, moneyline, pools, exchange wagering, in-game wagering, in-play bets, proposition bets, and straight bets.
SPORTS WAGERING FACILITY. A facility at which sports wagering is conducted under the Sports Wagering Act (ILCS Ch. 230, Act 45, §§ 25-1 et seq.).
STORY. That portion of a building included between the top surface of the next floor or roof above. The floor of a STORY may have split levels provided that there is not more than four feet difference in elevation between the different levels of the floor.
STORY, HALF. A space under a sloping roof for which the line of intersection of roof decking and wall is not more than three feet above the top floor level.
STREET. A permanent public right-of-way or private roadway which affords a primary means of vehicular access to abutting property.
STRUCTURAL ALTERATION. Except for such repair or replacement as may be required for the safety of a building, 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.
STRUCTURE. Anything constructed or erected, the use of which requires a more or less permanent location on the ground or an attachment to something having a permanent location on the ground. STRUCTURES shall not include decks, fences, above-ground swimming pools, driveways, and walkways.
SUBDIVISION. See definition in § 159.04 of this code.
SUPPORTING STRUCTURE, ANTENNA. A structure and any support thereof, such as a self-supporting mast, pole, lattice tower, guy tower or monopole tower, or other supporting base, which is constructed as a freestanding accessory structure or in association with a building, other permanent structure or equipment, on which one or more antennas or satellite dish antennas are located.
SWIMMING POOL, PRIVATE. Any pool, used or capable of being used for swimming or bathing (including drained pools), 18 inches or more in depth, or with a surface area exceeding 75 square feet, which is used, or intended to be used, in connection with residences and available only to the families occupying such residences and their guests.
SWIMMING POOL, PUBLIC. Any pool, used or capable of being used for swimming or bathing (including drained pools), 18 inches or more in 'depth, or with a surface area exceeding 75 square feet, which is used, or intended to be used, by the general public.
TAVERN. An establishment which has as its principal purpose, the sale and consumption of alcoholic beverages on the premises by patrons. Food may be served and consumed at such an establishment, but is considered accessory to the principal use.
TEMPORARY SALES LOT. Any open land used or occupied under a temporary use permit for the purpose of buying and selling merchandise, including but not limited to, Christmas trees, pumpkins and other seasonal merchandise.
TEMPORARY USE. A use proposed to exist for a temporary period of time and for a limited number of such periods of time in any given calendar year, regardless of whether such use would ordinarily be permitted in the city, or in the zoning district for which such use is proposed.
TERRACE. A level, landscaped and/or masonry area consisting of concrete, paver bricks, or inlaid stone, directly adjacent to a principal building, not covered with a roof, and located at or within three feet of the finished grade.
TRAILER. A vehicle without motive power designed for the carrying, hauling, or transporting of persons or property, which is constructed and designed to be towed by a motor vehicle.
TRUCK. Every motor vehicle designed, used or maintained primarily for the transportation of property.
TRUCK TRACTOR. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
USE. The purpose or activity for which the land and structures thereon, are designed, arranged, or intended, or for which they are occupied or maintained.
USE, ACCESSORY. An activity or structure incidental or secondary to the principal use on the same site.
USE, PERMITTED. A use which is or may be lawfully established in a particular district provided that it conforms with all requirements, regulations, and standards of this chapter 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 compliments 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 may be required for a special use, as established in this chapter, or by the City Council or the Planning and Zoning Commission.
VEHICLE, COMMERCIAL. Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not-for-hire, but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle not being used commercially.
VIDEO SERVICE. Video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology, including internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 U.S.C. § 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public Internet.
YARD. An open area between the building lines and the lot lines of a lot.
YARD, FRONT. The yard between a principal building and the front lot line. In the case of a corner lot or any other lot that fronts on more than one street, yards extending along all streets are front yards; provided that for purposes of determining what obstructions are permitted in the front yard under § 156.045(B), and for purposes of calculating the maximum permitted coverage of the front yard, the area of the required front yard shall govern. In any case, where a building line requirement has been established which is different from the front yard requirements, the stricter of the two requirements shall control.
YARD, REQUIRED FRONT. The yard which is bounded by the front yard line and the front lot line. In any case, where a building line requirement has been established, which is different from the front yard requirements, the stricter of the two requirements shall control.
YARD, REQUIRED REAR. A yard which is bounded by side lot lines, rear lot line, and the rear yard line. In the case of a corner lot, the yard bounded by the lot line and yard line parallel to and opposite of the most narrow lot line fronting on a street.
YARD, REQUIRED SIDE. A yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.
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.
ZONING BOARD OF APPEALS. The Planning and Zoning Commission acting as the Zoning Board of Appeals for the City of Oakbrook Terrace. See PLANNING AND ZONING COMMISSION.
ZONING DISTRICT. See DISTRICT, ZONING.
ZONING DISTRICT MAP. The official Zoning District Map of The City of Oakbrook Terrace.
(Ord. 80-24, passed 12-23-80; Am. Ord. 05-25, passed 10-11-05; Am. Ord. 07-13, passed 10-9-07; Am. Ord. 07-14, passed 10-9-07; Am. Ord. 07-40, passed 3-25-08; Am. Ord. 09-18, passed 10-27-09; Am. Ord. 13-54, passed 11-12-13; Am. Ord. 14-31, passed 6-10-14; Am. Ord. 15-23, passed 3-10-15; Am. Ord. 19-9, passed 3-12-19; Am. Ord. 19-53, passed 11-12-19; Am. Ord. 20-29, passed 8-11-20; Am. Ord. 22-02, passed 1-11-22; Am. Ord. 22-24, passed 8-23-22)