In the construction of this Zoning Code, the rules and definitions contained in this section shall be observed and applied, except when repugnant to the context of any provision.
Words used in the present tense include the future. Words used in the singular number include the plural number, and words used in the plural number include the singular number. The word "lot" includes the word "plot. " The word "shall" is mandatory and not directory. In addition:
(1a) Accessory Building. "Accessory building" means a subordinate building situated on the same lot as the principal building. "Accessory building" includes, but is not limited to, the following:
A. A children's playhouse, garden house and private greenhouse;
B. A garage, shed or building for domestic storage;
C. Chicken coops.
Where a substantial part of the wall of an accessory building is a part of the wall of the main building, or where an accessory building is attached to the main building in a substantial manner, as by a roof, such accessory building shall be counted as part of the main building.
(1b) Accessory Structure. "Accessory structure" means a structure, other than an accessory building, located on the same lot with the principal building and is customarily incidental and subordinate to the use of the principal building. "Accessory structure" includes, but is not limited to, the following:
A. Signs, as permitted and regulated in each district created by this Zoning Code;
B. Decorative fountain or sculpture;
C. Public utility communication, electric, gas, water and sewer lines, their supports and incidental equipment;
D. Off-street motor vehicle parking areas, and loading and unload facilities as permitted and regulated in each district created by this Zoning Code;
E. Tennis courts;
F. Dog runs;
G. Swimming and wading pools; and
H. Fences.
(1c) Accessory Use. "Accessory use" means a use that is customarily incidental and subordinate to the principal use of a lot or the principal building thereon and located on the same lot as the principal use or building. "Accessory use" includes, but is not limited to, the following:
A. Home occupations;
B. Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations; and
C. Storage of goods, used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations.
(Adopting Ordinance; Ord. 1988-22. Passed 5-9-88; Ord. 2014-22. Passed 9-22-14.)
(2) Acreage. "Acreage" means any tract or parcel of land which has not been subdivided and platted.
(3) Alley. "Alley" means a public way, not more than thirty feet wide, which affords only a secondary means of access to abutting property.
(4) Apartment. "Apartment" means a room or suite of rooms in a multifamily structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment. (Adopting Ordinance)
(4a) Assisted Living Residence. "Assisted living residence" means a dwelling consisting of a special combination of housing and personalized supportive services designed to respond to the scheduled and unscheduled needs or senior citizens who require help with activities of daily living, but who do not require the constant medical oversight of a nursing home. An assisted living residence may include independent as well as assisted living units, and, in addition to a main building, may include, depending upon the site, auxiliary buildings. An assisted living residence may provide services, including, but not limited to, dining, home health care,
transportation, accessory retail and library services, and/or other related amenities. However, such services and/or amenities shall be for the sole benefit and use of the residents and their visitors, and spaces devoted to such services and/or amenities shall not be entered directly from the exterior of the building or buildings. (Ord. 1998-28, Passed 9-14-98.)
(5) Automobile Repair, Major. "Major automobile repair" means engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of vehicles.
(6) Automobile Repair, Minor. "Minor automobile repair" means incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under subsection (5) hereof.
(7) Automobile Service Station. "Automobile service station" means a place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, is offered for sale directly to the public on the premises, and includes minor accessories and services for automobiles, but not major automobile repairs. The term also includes washing of automobiles where no chain conveyor, blower or steam-cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises are classified as a public garage.
(8) Automobile Wrecking Yard. "Automobile wrecking yard" means a place where two or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof. The term includes any used farm vehicle, farm machinery, or parts thereof, stored in the open and not being restored to operating condition, and the commercial salvaging of any other goods, articles or merchandise.
(9) Basement. "Basement" means a story partly or wholly underground. Where more than one-half of its height is above the established curb level, or above the average level of the adjoining ground where a curb level has not been established, a basement counts as a story for the purpose of height measurement.
(10) Billboard. "Billboard" means a structure or portion thereof upon which are signs or advertisements used as an outdoor display. This definition does not include a bulletin board used to announce church services or to display official court or public office notices, or signs advertising the sale or lease of the premises on which the sign is located.
(11) Block. "Block" means a tract of land bounded by streets or by a permanent open area such as a public park, cemetery, railroad right of way, corporate boundary or other line of demarcation.
(12) Board. "Board" means the Zoning Board of Appeals of the Village.
(13) Boarding House. "Boarding house" means a building, other than a hotel or restaurant, where meals are provided for compensation to four or more persons, but not more than twelve, who are not members of the keeper's family.
(14) Building. "Building" means a structure with substantial walls and a roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings, and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels. A structure with an interior area not normally accessible for human use, such as a gas holder, oil tank, water tank, grain elevator, coal bunker, oil cracking tower or other similar structure, is not considered a building.
(15) Building Commissioner. "Building Commissioner" means the Commissioner of Public Property and Building or such other person as may hereafter be designated to see to the enforcement of all ordinances relating to buildings or zoning. (Adopting Ordinance)
(16) Building Height. "Building height" means the vertical distance from the highest point of the foundation for the elevation facing the front lot line to:
A. The highest point of the coping on a flat roof;
B. The deck line of a mansard roof; or
C. The mid-point between the eaves and the roof ridge for a gable, hip or gambrel roof.
(Ord. 1988-23. Passed 5-9-88; Ord. 2004-36. Passed 7-12-04.)
(17) Building, Nonconforming. "Nonconforming building" means a legally existing building which fails to comply with the regulations set forth in this Zoning Code applicable to the district in which such building is located.
(18) Building, Principal. "Principal building" means a building in which is conducted the main use of the zoning lot on which it is situated.
(19) Building Set-Back Line or Building Line. "Building set-back line" or "building line" means a line parallel to the street line at a distance from it, regulated by the front yard requirements set up in this Zoning Code.
(20) Bulk. "Bulk" means the size and mutual relationships of buildings and other structures, as to size, height, coverage, shape and location of exterior walls in relation to lot lines, to the centerline of streets, to other walls of the same buildings, to other buildings or structures, and to all open spaces relating to the building or structure.
(21) Bus Lot. "Bus lot" means a lot or land area used for the storage or layover of passenger buses or motor coaches.
(22) Cartage, Local. "Local cartage" means pick-up and delivery of parcels, packages and freight by motor truck within, but not exceeding, fifteen miles of the Village.
(23) Certificate of Occupancy. "Certificate of occupancy" means a certificate issued by the Building Commissioner stating that the occupancy and use of land ore building or structure referred to therein complies with this Zoning Code.
(23a) Chicken Coop. “Chicken coop” shall be defined to mean any structure designed to keep chickens or used to keep chickens. (Ord. 2014-22. Passed 9-22-14.)
(24) Club. "Club" means an association of persons who meet periodically for some common purpose which is jointly supported, but not including groups organized primarily to render a service which is customarily carried on as a business.
(25) Clinic or Medical Health Center. "Clinic" or "medical health center" means an establishment where patients are admitted for special study and treatment by two or more licensed physicians and their professional associates, practicing medicine together.
(26) Commission. "Commission" means the Village Plan Commission.
(Ord. 1990-26. Passed 7-9-90.)
(26a) Community Residence. "Community residence" means a group home or specialized residential care home serving unrelated persons with disabilities, which home is licensed or certified by the State of Illinois. "Community residence" does not include a residence which serves persons as an alternative to incarceration for a criminal offense, persons whose primary reason for placement is substance or alcohol abuse, or persons whose primary reason for placement is treatment of a communicable disease.
(Ord. 1991-22. Passed 6-10-91.)
(27) Condominium. "Condominium" means a dwelling unit, the purchaser of which enjoys absolute ownership of the unit, and, as a tenant in common, has an undivided interest or share in the ownership of the common elements of the development of which the unit is a part. These common elements may include land, outside walls, a roof, halls, lobbies, stairs, a basement, a parking area, a heating plant, a clubhouse or other community facilities. A condominium is usually in a multiple-unit building and may comprise one or more floors. It may be a townhouse, an apartment, a high-rise, a duplex or a single-family home in a single-family home development. The determining factor is in the terms of the deed by which title is conveyed to the purchaser of the unit.
(28) Corner Lot. See Lot, Corner.
(29) Coverage, Lot. See Lot Coverage.
(30) Curb Level. "Curb level" means the level of the established curb in front of a building measured at the center of such front. Where a building faces on more than one street, the curb level is the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building is considered the curb level.
(31) District or Zone. "District" or "zone" means a section of the Village for which uniform regulations governing the use, height, area, size and intensity of use of buildings, land and open spaces about buildings are established by this Zoning Code.
(32) Dwellings. "Dwelling" means a building or portion thereof, not including a house trailer or mobile home, designed or used exclusively for residential occupancy. This includes one-family, two-family and multifamily dwelling units, but does not include hotels and boarding or lodging houses.
(33) Dwelling Unit. "Dwelling unit" means one or more rooms in a residential structure or apartment hotel, designed for occupancy by one family, for living and sleeping purposes.
(34) Dwelling, One-Family. "One-family dwelling" means a building designed exclusively for use and occupancy by one family and entirely separated from any other dwelling by space.
(35) Dwelling, Two-Family. "Two-family dwelling" means a building designed or altered to provide dwelling units for occupancy by two families.
(36) Dwelling, Multifamily. "Multifamily dwelling" means a building or portion thereof designed or altered for occupancy by three or more families living independently of each other.
(37) Dwelling, Row (Party-Wall). "Row dwelling" or "party-wall dwelling" means a row of two or more attached, one-family, party-wall dwellings, not more than two and one-half stories in height, nor more than two rooms in depth measured from the building line.
(38) Family. "Family" means one or more persons related by blood, marriage or adoption, or a group of not more than five persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including sororities, fraternities or other similar organizations.
(39) Garage, Bus. "Bus garage" means any building used or intended to be used for the storage of three or more passenger motor buses or motor coaches, used in public transportations, including school buses.
(40) Garage, Private. "Private garage" means a detached accessory building or portion of the principal building, designed, arranged, used or intended to be used for the storage of passenger automobiles of the occupants of the premises and one truck of not more than one and one-half ton capacity.
(41) Garage, Public. "Public garage" means a building, other than a private garage, used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck trailers and commercial vehicles exceeding one and one-half ton capacity.
(42) Garage, Truck. "Truck garage" means a building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one and one-half ton capacity.
(43) Guest House. "Guest house" means living quarters within a detached accessory building located on the same premises with the principal building, for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
(43a) Home Occupation. "Home occupation" means an occupation carried on in a dwelling unit by the resident, where the use of the dwelling unit for the occupation is secondary to the use of the dwelling unit for residential purposes. (Ord. 2014-22. Passed 9-22-14.)
(44) Hospital or Sanitarium. "Hospital" or "sanitarium" means an institution open to the public in which ill or injured persons are given medical or surgical care.
(45) Hotel, Apartment. "Apartment hotel" means a building containing dwelling units or individual guest rooms, the majority of which are for permanent guests. Maid and janitor service may be provided but kitchen facilities are not necessarily included.
(46) Hotel or Motel. "Hotel" or "motel" means a building in which more than five rooms or suites are reserved to provide living and sleeping accommodations for temporary guests, and in which no provisions are made for cooking in any individual room or suite.
(47) Householder. "Householder" means the occupant of a dwelling unit who is either the owner or lessee thereof.
(48) Junk Yard. "Junk yard" means an open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses entirely within a completely enclosed building.
(49) Kennel, Commercial. "Commercial kennel" means any lot or premises on which two or more domestic animals are kept, boarded for compensation or kept or bred for sale.
(50) Laboratory, Commercial. "Commercial laboratory" means a place devoted to experimental study such as testing and analyzing. Manufacturing, assembly or packaging of products is not included within this definition.
(51) Line of a Building (For Measuring Yards). "Line of a building," for purposes of yard measurement, means a line parallel to the nearest lot line drawn through the point of a building or group of buildings nearest to such lot line, exclusive of features permitted to extend into a yard.
(52) Loading and Unloading Space, Off-Street. "Off-street loading and unloading space" means an open area of land, other than a street or public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors and trailers to avoid undue interference with the public use of streets and alleys. Such space shall be not less than ten feet in width and forty-five feet in length, exclusive of access aisles and maneuvering space.
(53) Lodging or Rooming House. "Lodging house" or "rooming house" means a building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not otherwise open to the public.
(54) Lot. "Lot, " when the word is used alone, means a zoning lot, unless the context of this Zoning Code clearly indicates otherwise.
(55) Lot, Corner. "Corner lot" means a parcel of land situated at the intersection of any combination of two or more streets, private roads or easements for ingress and egress.
(56) Lot Coverage. "Lot coverage" means the area of a zoning lot occupied by the principal and accessory buildings.
(57) Lot Depth. "Lot depth" means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
(58) Lot Frontage. "Lot frontage" means that boundary of a lot along a public street. In the case of a corner lot, the owner may elect either street line as the front lot line.
(59) Lot, Interior. "Interior lot" means a lot other than a corner lot.
(60) Lot Line, Front. "Front lot line" means the front property line.
(61) Lot Line, Interior. "Interior lot line" means a lot line in common with an adjacent lot.
(62) Lot Line, Rear. "Rear lot line" means the lot line or lot lines most nearly parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines.
(63) Lot, Through. "Through lot" means a double frontage lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot.
(64) Lot Width. "Lot width" means the horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.
(65) Lot, Zoning. See Zoning Lot.
(66) Manufacture. "Manufacture" means to make a product by hand or machine for commercial sale or lease.
(67) Motor Freight Terminal. "Motor freight terminal" means a building to which freight is brought by motor truck for assembly and sorting and/or re-routing by motor truck.
(68) Nonconforming Use. "Nonconforming use" means a building, structure or land lawfully occupied by a use lawfully established at the time of the adoption of this Zoning Code or amendments thereto, which does not conform, after the adoption of this Zoning Code or amendments thereto, with the use regulations of this Zoning Code.
(69) Nursery, Day. "Day nursery" means an institution providing care for three or more children under the age of four years for periods of more than four hours but not exceeding twenty-four hours.
(70) Nursery School. "Nursery school" means an institution providing day care service for children from four to six years of age.
(71) Nursing Home or Rest Home. "Nursing home" or "rest home" means a private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.
(72) Parcel Delivery Station. "Parcel delivery station" means a building in which commodities sold at retail within the area, and packaged by the retailer, are assembled and routed for delivery to retail customers located within the area.
(73) Parking Area, Private. "Private parking area" means an open area of land, other than a street or public way, designed, arranged and made available for the storage of only private passenger automobiles of occupants of the building or buildings for which the parking area is developed and is accessory.
(74) Parking Area, Public. "Public parking area" means an open area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half ton capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.
(75) Parking Space, Automobile. "Automobile parking space" means space within a public or private parking area of not less than 162 square feet (eight and one-half feet by twenty feet), exclusive of access drives or aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half ton capacity.
(76) Party Wall. "Party wall" means a wall separating and common to two buildings or properties. Each owner has a partial right In its use.
(77) Planned Unit Development. "Planned unit development" means a development comprising fifteen acres or more in single ownership or unified control, which development will include two or more principal buildings, and which development is processed under the planned unit development procedures of this Zoning Code.
(78) Porch. "Porch" means a roofed-over structure projecting out from the wall or walls of a main structure and which may be open to the weather or enclosed but unheated.
(79) Public Utility. "Public utility" means a person, firm, corporation or Municipal department, duly authorized to furnish, under public regulation, to the public, electricity, gas, steam, telephone service, telegraph service, transportation or water.
(80) Railroad Right of Way. "Railroad right of way" means a strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops or water towers.
(81) School. "School" means an elementary, junior high or high school, a college or university, public or private, other than trade and business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.
(82) Set-Back Line, Building. See Building Set-Back Line or Building Line.
(83) Short-Term Rental. "Short-term rental" shall mean a residential dwelling, single room, dwelling unit or portion thereof located within any structure in a residential zoning district and offered for rent for a period of thirty consecutive days or less to any person other than a member of the owner's immediate family. (Ord. 2022-19. Passed 11-14-22.)
(84) Sign, Outdoor Advertising. "Outdoor advertising sign" means a sign of any material and character which is for outdoor advertising purposes placed on the ground or on any natural or man-made object. The term "placed," as used herein includes erecting, constructing, painting, printing, affixing and making visible in any manner.
(85) Special Development District. "Special development district" means an area comprising fifteen acres or more held in single ownership or under unified control, which development will include two or more principal buildings and which development has special location or site characteristics which will permit a carefully planned combination of residential and limited commercial uses. A special development requires the planning approval procedures as set out in Chapter 1270.
(86) Special Use. "Special use" means a use of land or buildings, or both, described and permitted in this Zoning Code, subject to the provisions of Chapter 1278.
(87) Stable, Livery. "Livery stable" means a building, other than a private stable, designed, arranged, used or intended to be used for the storage of horses and horse-drawn vehicles or both, including such structures, facilities and activities as are customarily associated with the operation of a riding stable or academy.
(88) Story. "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen feet in height shall be considered as an additional story for each fourteen feet or fraction thereof.
(89) Story, Half. "Half story" means that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than four and one-half feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multifamily dwellings less than three stories in height, a half story in a sloping roof shall not be counted as a story for the purpose of this Zoning Code. In the case of multifamily dwellings three or more stories in height, a half story shall be counted as a story.
(90) Street. "Street" means a dedicated public way other than an alley, whether open or not.
(91) Street Line. "Street line" means a line separating an abutting lot or parcel from a street.
(92) Structural Alteration. "Structural alteration" means any change, other than incidental repairs, which will prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
(93) Structure. "Structure" means anything constructed or erected which requires location on the ground, or is attached to something having location on the ground.
(94) Tavern. "Tavern" means a building where liquors are sold to be consumed on the premises.
(95) Terrace, Open. "Open terrace" means a level and rather narrow plane, or platform, which, for the purposes of this Zoning Code, is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet in height above the average level of the adjoining ground.
(96) Townhouse. "Townhouse" means an attached single family dwelling unit with two or more stories, with two or more units to a building. (A two-unit building may also be referred to as a "duplex." See Condominium.)
(97) Truck Parking Area or Yard. "Truck parking area" or "truck parking yard" means any land used or intended to be used for the storage or parking of trucks, tractors, truck trailers or commercial vehicles, which exceed one and one-half tons in capacity and which are not loading or unloading.
(98) Use. "Use" means the purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied, maintained, let or leased.
(99) Use, Nonconforming. See Nonconforming Use.
(100) Used Car Lot. "Used car lot" means a zoning lot on which used cars, trailers or trucks are displayed for sale or trade.
(101) Yard. "Yard" means an open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this Zoning Code, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.
(102) Yard, Corner Side. “Corner side yard” means a part of the yard lying between the nearest line of the principal building and a side lot line adjacent to a street, private road or easement for ingress and egress, and extending from the required front yard (or from the required front lot line if there is no required front yard) to the rear lot line.
(103) Yard, Front. "Front yard" means a yard extending across the full width of the zoning lot and lying between the front line of the lot and the nearest line of a building. (Adopting Ordinance)
(Ord. 1990-26. Passed 7-9-90; Ord. 2005-33. Passed 9-12-05.)
(104) Yard, Rear. "Rear yard" means a yard extending across the full width of the zoning lot and lying between the rear line of the lot and the nearest line of the principal building, except for that portion located in a corner side yard as defined in subsection (102) above.
(105) Yard, Side. "Side yard" means a part of the yard lying between the nearest line of the principal building and a side lot line, and extending from the required front yard (or from the front lot line if there is no required front yard) to the required rear yard, exclusive of that portion falling under the definition of a corner side yard as set forth in subsection (102) above.
(106) Zoning Code. "Zoning Code" means Title Six of Part Twelve - the Planning and Zoning Code - of these Codified Ordinances.
(107) Zoning Lot. "Zoning lot" means a plot of ground, made up of one or more parcels, which is or may be occupied by a use or building, including the open spaces required by this Zoning Code.
(108) Zoning Map. "Zoning Map" means the map or maps that show zoning districts and that are incorporated into and made a part of this Zoning Code by reference.
(Ord. 2005-33. Passed 9-12-05.)