For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively:
ACCESSORY BUILDING OR USE. Does not include GARDEN SHED. An ACCESSORY BUILDING OR USE is one which:
(A) Is subordinate to and serves a principal building or principal use;
(B) Is subordinate in area, extent, or purpose to the principal building or principal use served;
(C) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served;
(D) Is located on the same lot as the principal building or principal use served, with the single exception of accessory off-street parking facilities which the city council may permit to be located elsewhere than on the same lot with the building or use served.
AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, verticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, that the operation of any accessory uses shall be secondary to that of the normal agricultural activities.
BLOCK. All of the property located along one side of a street between two intersecting streets or between any combination of intersecting streets, railroad rights-of-way, watercourses or other features or natural barriers which permanently interrupt the continuity of development. For a single development that contains multiple storefronts a block shall mean the entirety of the development, inclusive of out-lots or out-buildings.
BUILDING. Any structure designed or built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, including all other structures of every kind, regardless of similarity to buildings.
BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space, or from other buildings or structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
BUILDING HEIGHT. Height is to be determined by providing proposed elevations at the four corners corresponding to the intersection of the front and rear setback lines and the side yard setback lines. These elevations are then to be used to develop the average lot height. It is from this height that the BUILDING HEIGHT is calculated
BUILDING, PRINCIPAL. A nonaccessory building in which a principal use of the lot, on which it is located, is conducted.
CLUB, PRIVATE. A nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires, or leases a building or premises, or portion thereof, the use of which is restricted to members and their guests. The affairs and management of the PRIVATE CLUB is conducted by a board of directors, executive committee, or similar body chosen by the members.
DETACHED GARAGE. A structure separate and detached from the principal building used primarily for the storage of automobiles, tools, and household equipment and supplies.
DISTRICT. A section or sections of the city within which certain uniform regulations and requirements obtain under the provisions of this chapter.
DRIVE-IN. Any establishment which accommodates the patrons' automobiles, from which the occupants may watch, purchase, etc.
DWELLING or DWELLING UNIT. Any building, or portion thereof, designed or used in any part for residential occupancy. DWELLING or DWELLING UNIT shall not include short-term rental lodging houses for transient overnight occupancy use, or subletting of any dwelling unit, for less than 30 consecutive days; automobile house trailers; or motels, hotels, nursing homes, boardinghouses, hospital patient housing, or rooming houses. The City of Palos Heights specifically bans the short-term rental of lodging houses for transient overnight occupancy use, or the renting, leasing or subletting of any house, for less than 30 consecutive days. In addition, any structure that constitutes an ACCESSORY BUILDING OR USE, as defined in this § 153.03, including any garages, gazebos, swimming pools, swimming pool cabanas or changing rooms/buildings, or the like, that are located upon any residential property, shall also be included within the definition of DWELLING or DWELLING UNIT.
DWELLING, SINGLE-FAMILY. A building designed for or occupied by one family.
DWELLING, TWO-FAMILY. A building designed for or occupied exclusively by 2 families.
DWELLING, MULTIPLE-FAMILY. A building designed for or occupied exclusively by more than 2 families.
FACADE. The exterior of a building located above ground affronting a public street or open space, including any exterior that affronts another building across a common driveway, open space, parking lot or similar area as long as it is generally observable from a public street or open space.
FAMILY. Either:
(1) Two or more persons, each related to the other by blood, marriage, or adoption, together with foster children and usual domestic servants and not more than one bona fide guest, all living together as a single housekeeping unit and using common kitchen facilities (that is, a related family); or
(2) Two or fewer persons, all of whom are not necessarily related to each of the others by blood, marriage, or adoption, all living together as a single housekeeping unit and using common kitchen facilities (that is, an unrelated family). For purposes of this zoning code, however, an unrelated family shall not include persons living together in a community residence or nursing home.
FRONTAGE. The portion of a building that faces the street and situated between the lot lines. In the case of contiguous buildings individual frontages are measured to the middle of any party wall. In the case of contiguous storefronts in a single building the frontage of each shall be determined separately by measuring to the middle of the party wall of each individual storefront.
GARDEN SHED. A structure used primarily for the storage of garden or lawn equipment and supplies.
HARLEM AVENUE OVERLAY DISTRICT. A portion of the city defined by the Harlem Avenue Overlay District plan that contains separate zoning requirements from areas not defined as part of said Overlay. In all cases underlying zoning classifications still apply to areas within the Harlem Avenue Overlay District, however additional regulations as defined by the Harlem Avenue Overlay also apply.
INCIDENTAL. The dollar value of wholesale sales averaged over three preceding years shall not exceed 40% of the total sales for the retail establishment.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one principal building and accessory building, the open spaces required hereunder for off-street parking or loading facilities, and having its principal frontage upon a street or upon an officially approved place. LOT includes the words "tract," "piece," and "parcel."
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of Cook County, Illinois, or a parcel of land the deed to which was recorded in the office of the recorder prior to the adoption of this chapter.
MOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet spaces, designed for use by transient automobile tourists.
NONCONFORMING USE. Any use of land, buildings, or structures which does not comply with all of the regulations of this chapter or of any amendment hereto governing use for the district in which the use is located.
RECREATIONAL BUILDING OR USE. A structure used primarily for recreation, including but not limited to decks and gazebos, or for the storage of recreation equipment and supplies.
SETBACK. The horizontal distance between the front line of the principal building or structure and the front property line.
STREET. A public or private right-of-way which affords a primary means of access to abutting property, but excepting driveways to buildings.
STRUCTURAL ALTERATIONS. Any change, other than incidental repairs, which would prolong the life of supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.
TRAILER. Any vehicle, house car, camp car, or any portable or mobile vehicle on wheels, skids, rollers, or blocks, either self-propelled or propelled by any other means, which is used or designed to be used for residential, living, sleeping, or commercial
purposes and herein referred to as a trailer.
USE, PERMITTED. A use which may lawfully be established in a particular district or districts, provided it complies with all requirements, regulations, and standards of the district.
USE, PRINCIPAL. The main use of a land or buildings as distinguished from a subordinate or accessory use. A PRINCIPAL USE may be either "permitted" or "special."
USE, SPECIAL. A use, either public or private, which, because of its unique characteristics, cannot properly be classified as a permitted use in any particular district or districts. After due consideration, in each case, of the impact of the use upon neighboring land and of the public need for the particular use at the particular location, a SPECIAL USE may or may not be granted.
WHOLESALE. The sale of goods for resale, and does not otherwise require the payment of sales tax on such transactions, or the state required reporting of sales tax on the transaction.
YARD. An open space between a building and the adjoining lot lines, unoccupied and unobstructed, except as herein otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building or any projection thereof other than the projection of usual uncovered steps, unenclosed balconies, unenclosed porches, or unenclosed patios shall be used.
YARD, FRONT. A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the principal building, other than the projection of usual roof overhangs or uncovered steps.
YARD, REAR. A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof, other than the projection of usual uncovered steps, unenclosed balconies, unenclosed porches, unenclosed patios, or roof overhangs.
YARD, SIDE. A yard between the principal building and the side line of a lot, extending from the front setback line to the rear setback line, and being the minimum horizontal distance between the side of the principal building and the sideline of the lot. In no case shall the size of the roof overhang exceed 1/3 the distance from the principal building to the side lot line as measured at the front setback line.
(‘69 Code, App. B, § 3.2; amend. Ord. O-8-77, passed 1-18-77; amend. Ord. O-19-85, passed 6-4- 85; amend. Ord. 90-30, passed - - 90; amend. Ord. O-15-09, passed 5-19-09; amend. Ord. O-38-15, passed 10-6-15; amend. Ord. O-22-17, passed 6-6-17; amend. Ord. O-24-17, passed 6-20-17; Am. Ord. O-12-22, passed 8-2-22; Am. Ord. O-17-22, passed 10-18-22)