ACCESSORY BUILDING: A subordinate building the use of which is incidental to the primary use of the main building.
ACCESSORY USE: A subordinate or secondary use which is incidental to the primary use conducted on a parcel of land or portion thereof.
ALLEY: A public thoroughfare, not over twenty feet wide, which affords only a secondary means of access to abutting property.
APARTMENT: A room or suite of rooms used as a single-family dwelling, including bath and culinary accommodations located in a building in which there are two or more such rooms or suites.
APARTMENT HOUSE: See definition of dwelling, multiple-family.
BASEMENT: That portion of a building or structure having more than one-half of its height below lot grade.
BEAUTY SHOP: An establishment where persons receive beauty treatments, and/or purchase beauty products. These treatments primarily include one or more of the following: 1) cutting, trimming, shampooing, weaving, coloring, waving, or styling hair; 2) providing facials; 3) applying makeup (except permanent makeup); and 4) providing nail care services, such as manicures, pedicures, and nail extensions.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or other property, which is permanently affixed to the ground.
CANNABIS: As defined in the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as amended.
CANNABIS BUSINESS ESTABLISHMENT: A medical cannabis cultivation center, medical cannabis dispensary, recreational cannabis craft grower, recreational cannabis cultivation center, recreational cannabis dispensary, recreational cannabis infuser, recreational cannabis processor and/or recreational cannabis transporter.
CELLULAR TELEPHONE ANTENNA: A single antenna or an array of antennas, other than a small wireless facility, that is principally used for transmission and reception of cellular telephone communications and that is mounted on: a) a building or other structure, or b) a freestanding pole, mast or other structure that is attached to the ground or mounted on the roof of a building.
CELLULAR TELEPHONE ANTENNA EQUIPMENT: Radio and computer reception and distribution apparatus that is accessory to the operation of a cellular telephone antenna, other than a small wireless facility, and that is installed inside an accessory or principal building.
CHANGE IN USE: To alter the use of a building or parcel or tract of land, or portion thereof, to a different use, whether or not such a change conforms with the use regulations of the district in which it is situated.
CHILD DAYCARE CENTER: A childcare facility which regularly provides daycare for less than fourteen hours per day in a facility other than a dwelling.
CHILD DAYCARE HOME: A dwelling operated by the property owner to provide child daycare services between the hours of five o'clock A.M. and nine o'clock P.M. for no more than eight children provided that: a) any children of the owner, either natural, foster or adopted, under the age of twelve shall be included in determining the maximum number of children allowed in a child daycare home; b) the facility is licensed by the Village and the State of Illinois.
COFFEE SHOP: A retail establishment whose principal business is the service and sale of coffees, teas and a limited selection of food items incidental thereto.
COLLEGE OR UNIVERSITY: An institution of higher education accredited by a regional organization or authorized by the State to issue baccalaureate, graduate or professional degrees.
COMMENCEMENT OF CONSTRUCTION: The start of any construction activity, including demolition or excavation, in accordance with the approved plans.
DEVELOPMENT: The construction or installation of new, or alteration of existing, structures, streets, or utilities. Development shall also include changes of use which involve an increase in the occupancy, off street parking requirements, or demand on Village services or utilities. Development shall not include the maintenance of existing structures, paved areas, or utilities, or improvements to building mechanical systems.
DISTRICT: A section or sections of the Village designated by boundaries shown on the zoning map for which the regulations governing the use, height and area of buildings and premises are uniform.
DORMITORY: A building or portion thereof that contains living quarters for students, staff, or members of an accredited college, university, boarding school, theological school, hospital, religious order, or comparable organization; provided that said building is owned or managed by said organization (or agent of said organization) and which typically contains not more than one cooking and common eating area.
DWELLING: Any building or portion thereof which is designed or used exclusively for residential purposes.
DWELLING, MULTIPLE-FAMILY: Any building or group of affiliated buildings containing two or more residential condominium units, apartments and/or single-family attached dwelling units.
DWELLING, SINGLE-FAMILY ATTACHED: A dwelling joined to one or two other dwellings by vertical party wall(s) and having physically unifying horizontal architectural and structural elements aboveground with each dwelling having its own independent entrance and exit(s) at grade level.
DWELLING, SINGLE-FAMILY DETACHED: A detached building designed for or occupied by not more than one family.
FAMILY: One or more persons occupying a dwelling and living as a single housekeeping unit, and related to each other by birth, marriage, adoption or a foster care arrangement licensed by the State of Illinois, and including domestic servants; with the following exceptions which shall also be deemed to constitute a family: Two persons who are not related by birth, marriage, adoption, or foster care arrangement living in a dwelling. This definition shall not apply to those persons living in a "group home" as defined in this chapter.
FAST FOOD ESTABLISHMENT: Eating establishments whose principal business is the preparation of food for immediate sale and consumption, generally served in disposable containers and wrappers, where orders are placed and picked up by patrons at the sales window(s), counter(s) or service area(s) for consumption on or off the premises, and where seating is normally without full time waiter service.
FLOOR AREA, GROSS (For Determining Floor Area Ratio): The sum of the gross horizontal area of the several floors of a structure, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The gross floor area of a building shall include:
A. Elevator and mechanical shafts and stairwells;
B. Mechanical equipment spaces unless located on the roof, either open or enclosed;
C. Attic space having average headroom of seven feet or more;
D. For structures that qualify as "new construction" under this section permitted on or after April 28, 2008, one hundred percent of the floor area of a basement, if four feet nine inches or more of the height of the basement projects above grade as measured from grade to the top of the first finished floor; for structures that do not qualify as "new construction" under this section, permitted on or after April 28, 2008, including additions that do not extend above the existing basement height above grade, the floor area of the basement shall not be included in the gross floor area;
E. Interior balconies and mezzanines;
F. Enclosed porches;
G. For nonsingle-family detached residential districts, interior off street parking and loading areas not required to satisfy this title; for single-family detached residential districts, the gross floor area in excess of five hundred square feet of a rear detached garage, the gross floor area in excess of three hundred square feet of a rear attached garage, and the gross floor area in excess of one hundred fifty square feet of any attached front or side garage;
H. Permanent outdoor display areas;
I. Any residential, business, manufacturing, recreational, educational or other uses available to the public that are permitted below grade.
FLOOR AREA, NET (For Determining Off Street Parking And Loading Requirements): The sum of the net horizontal floor area of the several floors of a building measured from the interior faces of the exterior wall or from the interior faces of walls separating two buildings.
A. The net floor area of a building shall include:
1. Basement area, when used for other than storage, service facilities or mechanical equipment;
2. Penthouse area, excluding mechanical spaces;
3. Attic space having headroom of seven feet or more;
4. Interior balconies and mezzanines;
5. Enclosed porches;
6. Floor area devoted to building storage areas;
7. For retail or commercial uses the net floor area of a building shall only include the sales or public floor area.
B. The net floor area of a building shall not include:
1. Floor space occupied by mechanical, telephone and electrical equipment, including mechanical spaces;
2. Stairwells, escalators and elevator shafts;
3. Public restrooms;
4. Interior off street parking and loading.
FLOOR AREA RATIO (FAR): The numerical value obtained by dividing the gross floor area of a building or buildings on a single lot by the area of the lot.
FRONTAGE: All the property abutting one side of a street, between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
GARAGE, PRIVATE: An accessory building primarily for the use of the occupants of the lot on which such building is located.
GARAGE, PUBLIC: A building or structure for the storage or parking of more than four passenger motor vehicles or powered boats, or more than one commercial motor vehicle. Public garages shall be classified according to their specific use in one of the following groups:
A. Group 1: A public garage in which provision is made for the care or storage of motor vehicles including the dispensing of gasoline, oil or similar products.
B. Group 2: A public garage used exclusively for storage or parking of passenger vehicles that will accommodate not more than nine passengers.
GRADE: A datum or reference level determined as follows:
A. For buildings adjoining one street only, by the elevation of the sidewalk at the center of that wall adjoining the street.
B. For buildings adjoining more than one street, by the average of the elevations of the sidewalk at centers of all walls adjoining streets.
C. For buildings having no wall adjoining the street, by the average level of the finished surface of the ground adjacent to the exterior walls of the building.
1. Any wall approximately parallel to and not more than five feet from a street line shall be considered as adjoining the street.
2. Where no sidewalk exists, the grade shall be established by the village engineer.
GROUP HOME: A specialized residential care home serving no more than six unrelated persons with disabilities, including resident support staff, which is licensed, certified or accredited by appropriate local, state or national bodies. Group homes do not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse, or persons whose primary reason for placement is the treatment of a communicable disease.
HALF STORY: A story under a gable, hip, or gambrel roof where no more than twenty five percent of the floor area of that floor is located under dormers or other outward projections from the basic planes of the roof and has an exterior perimeter knee wall not exceeding two feet in height to the bottom of the roof rafter. Any level which exceeds these limits shall be considered a full story.
HEIGHT OF BUILDING: The vertical distance measured from the nearest public sidewalk to the highest point of the building or structure or to the highest point of any object attached to the building or structure, whichever is higher. Attached objects include, but are not limited to, antennas of any kind.
HOME OCCUPATIONS: An occupation carried on, in or from a dwelling unit (but not an accessory building) by a member of the family residing therein, which is clearly incidental and secondary to the use of the dwelling for residential occupancy and does not change the character thereof; provided the following requirements are met by such home occupation:
A. Except where a special use permit has been obtained, every home occupation shall be conducted wholly within a dwelling unit;
B. Home occupations involving any outdoor activity shall require additional review in the form of a special use permit and shall be subject to all the standards and provisions provided in chapter 18 of this title;
C. No more than one person shall be employed other than a member of the family residing in the dwelling unit;
D. No more than two clients or customers shall visit the premises at the same time. In no case shall any client or customer visit the premises between the hours of nine o'clock P.M. and seven o'clock A.M.;
E. There shall be no signs, activities, lighting or display that will indicate from the exterior that the building is being used, in part, for any purpose other than that of a residential dwelling;
F. No stock-in-trade or other commodity shall be kept, displayed, sold or offered for sale upon the premises, except (1) that sales by electronic means, which otherwise comply with this definition, are permitted, and (2) that stock-in-trade and commodities may be kept upon the premises of a "home kitchen operation" as defined in 410 Illinois Compiled Statutes 625/3.6, as amended;
G. There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries. No deliveries by semi-tractor/trailer- trucks and related to the home occupation are permitted;
H. There shall be no noise, odor, dust, vibration, smoke, glare, television or radio interference, fire hazard or any other hazard emanating from the dwelling so as to create a nuisance;
I. No home occupation shall involve the use of noxious, toxic or harmful materials, or on-site staging, displaying or assembling of any commercial vehicles;
J. All home occupations shall require a business license which shall be subject to annual renewal;
K. The use of any equipment or process which adversely effects the fire rating of the dwelling or fire district is prohibited;
L. There shall be no separate entrance or any structural alteration that specifically accommodates the occupation or changes the residential character of the dwelling, provided, however, that reasonable means to accommodate physically disabled clients or customers may be employed;
M. Any type of manufacturing process that is allowed in a commercial district is prohibited;
N. Only one home occupation shall be conducted in any dwelling unit;
O. A special use permit shall be required for any home occupation involving the handling or preparation of food, except that no special use permit shall be required for a "home kitchen operation" as defined in 410 Illinois Compiled Statutes 625/3.6, as amended;
P. The care or treatment of animals, other than those owned by the occupant, is prohibited;
Q. The home occupation shall be subject to unannounced inspections by Village personnel provided, however, that probable cause exists to believe that a violation of law has occurred;
R. The home occupation must be for the gain or support of a full- time occupant of the dwelling unit;
S. The generation of refuse in excess of limits currently established for residential dwellings is prohibited; and
T. Outdoor storage of any materials is prohibited.
HOTEL: Every building in which two or more sleeping rooms are used or maintained for the accommodation of guests for compensation.
INHABITABLE:
A. A space designed for human occupancy having amenities or improvements normally associated with human habitation. Examples of such amenities or improvements shall include, but shall not be limited to: plumbing, running water, bedroom or living room space or furniture, toilet(s), a kitchen area or associated appliances.
B. Any space which is occupied by any person or persons continuously shall be deemed "inhabitable" notwithstanding the lack of any amenities or improvements normally associated with human habitation.
LOT: Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under this zoning title, and having its principal frontage upon a public street which has been approved by the Village Board.
Lot, Corner: A lot abutting upon two or more streets at their intersection of junction.
Lot, Depth Of: The mean horizontal distance between the front and the rear lot lines.
Lot, Interior: A lot having frontage on one street.
Lot Lines: The lines which determine the boundaries of a "lot" as defined herein.
Lot Of Record: A parcel of land recorded as a lot in a subdivision, which subdivision has been recorded in the office of the Recorder of Deeds of Cook County, Illinois, prior to the effective date of this zoning title.
Lot, Through: A lot having frontage on two nonintersecting streets.
MASTER PLAN: A plan providing overall guidance for the implementation and operation of a development over an extended period of time but in no event to exceed ten years.
MEDICAL CANNABIS CULTIVATION CENTER: A "cultivation center" as defined in the Illinois Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.), as amended.
MEDICAL CANNABIS DISPENSARY: A "dispensary organization" as defined in the Illinois Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.), as amended.
MOTOR FUEL SERVICE STATION: A structure, or building on any lot or any portion thereof, where a flammable liquid in excess of twenty gallons is stored, dispensed or sold for supply to motor vehicles.
MOTOR VEHICLE REPAIR SHOP: A wholly enclosed building or structure where the business of repairing, maintaining, painting or refinishing of motor vehicles, is carried on.
NEW CONSTRUCTION: The erection of any building or structure or any portion thereof.
NONCONFORMING USE: The use of a building or lot, or any portion thereof, which does not conform with the use regulations of the district in which it is situated.
PARKING LOT: Any premises or other place, other than a public garage or a required parking lot, where two or more automobiles may be stored or parked and where compensation is paid to the owner, manager or lessees of such premises for the storing or parking of such vehicles.
PARKING LOT (Required): Any land area, other than in an R1, R2 or R3 District, located on or adjacent to any lot or lots improved with multiple-family dwellings, houses of worship, schools, libraries, public buildings, business or industrial establishments or other buildings, used for the storage of private passenger automobiles of the occupants of such dwellings or of the persons participating in the activities of such houses of worship, schools, libraries, public buildings, business or industrial establishments or other buildings and where no separate charge is made to the persons so parking their automobiles.
PARKING SPACE: An open or enclosed paved, hard surfaced, area which meets the dimensional standards shown in section 10-7-4 of this title, located upon private property behind the established building line, accessible at all times by means of a driveway to a public thoroughfare other than a public alley, except where such parking space in conjunction with a single-family residence, in which case the alley may be considered a public thoroughfare. A garage shall also be considered a parking space provided it meets the minimum dimension requirements in section 10-7-4 of this title. Each required parking space shall be kept available at all times for parking of one automobile. No required parking space shall be rented, leased or used for any purpose other than that for which said space is required.
PERMANENT COSMETICS, MICROBLADING, MICROPIGMENTATION AND SIMILAR CARE SERVICES: The practice of placing ink or other pigment into the skin or mucosa by the aid of needles or any other instrument used to puncture a person's skin for the purpose of permanent cosmetic restoration or enhancement of the epidermis for re-pigmentation. This category of services does not include other forms of body art such as body piercing or the adornment of the body with letters, images, drawings, or other illustrations. The use is also commonly known as dermal implantation, microstroking, eyebrow embroidery, and long-time/long lasting makeup.
PLANNED DEVELOPMENT: A use or combination of uses which because of their scope, location, or specific characteristics give rise to a need for a comprehensive consideration of their impact and requires special approval by the Village Board in accordance with the provisions of chapter 18 of this title and which may be implemented pursuant to a master plan.
RECREATIONAL CANNABIS CRAFT GROWER: A "craft grower," as defined in the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as amended.
RECREATIONAL CANNABIS CULTIVATION CENTER: A "cultivation center," as defined in the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.), as amended.
RECREATIONAL CANNABIS DISPENSARY: A "dispensary," as defined in the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as amended.
RECREATIONAL CANNABIS INFUSER: An "infuser" as defined in the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as amended.
RECREATIONAL CANNABIS PROCESSOR: A "processor," as defined in the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as amended.
RECREATIONAL CANNABIS TRANSPORTER: A "transporter," as defined in the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as amended.
RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motor power or is mounted on or drawn by another vehicle as defined herein:
Camping Trailer: A nonmotorized portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle designed to provide temporary living quarters for recreational, camping or travel use.
Motor Home: A motorized vehicular unit primarily designed to provide temporary living quarters for recreational, camping or travel use.
Travel Trailer: A nonmotorized portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle; primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use; and of a body width of no more than eight feet and a body length of no more than thirty two feet when factory equipped for the road.
Truck Camper: A portable unit, designed to be loaded and unloaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters for recreational, camping or travel use.
SHORT TERM RENTAL: A single room, dwelling, or portion thereof, located within a structure offered for rent or rented for a period of less than thirty consecutive days.
SIGN: A name, identification, description, display or illustration which is affixed to, or painted, or represented directly or indirectly in, upon or about a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. However a sign shall not include any temporary display of official court or public office notices, nor shall it include the national, state or municipal flags, emblem or insignia of a nation, political unit, school or religious group. Each display surface of a sign shall be considered to be a separate sign.
SITE PLAN REVIEW: A process for the assessment of land development or redevelopment proposals to ensure that they are considerate of and compatible with the surrounding area and fulfill, both within and around the site, the planning principles of safety, convenience, efficient use of land and design consistent with the character of the Village in accordance with the provisions of chapter 17 of this title. Site plan review is in addition to zoning review and compliance.
SMALL WIRELESS FACILITY: See definition in section 5-16-3 of this Code.
SPECIAL USE: A use which may have a unique, special or unusual impact upon the use or enjoyment of neighboring property which requires special approval by the Village Board in accordance with the provisions of chapter 18 of this title.
STORY: That portion of a building included between the surface of any floor and the surface of the ceiling or the floor next above it.
STREET: A public thoroughfare over twenty feet wide which affords the principal means of access to abutting property.
STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building.
STRUCTURE: A combination of materials joined together to form a construction that is safe and stable including, among others, buildings, stadiums, tents, reviewing stands, platforms, stagings, water tanks and towers, trestles, sheds, shelters, fences, display signs and satellite dish antennas. The term structure shall be construed as if followed by the words, "or part thereof". The term structure shall not include flagpoles, basketball standards or ornamental pillars.
USE: The primary function, or primary activity conducted on, a parcel or tract of land, or portion thereof.
YARD: An open space between a building and any lot line which is open to the sky and unobstructed by any temporary uses or structures or by any permanent structures except as permitted by subsection 10-20-2A of this title.
Yard, Front: A yard extending across the front of the lot between the required side yard lines and measured between the front line of the lot and the front line of the building as determined by the fascia board of said building or any projection thereof other than uncovered steps, uncovered terraces or uncovered open porches.
Yard, Rear: A yard extending across the rear of a lot measured between the side lot lines and between the rear lot line and the rear of the building or any projection other than uncovered steps, uncovered terraces or uncovered open porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimensions. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.
Yard, Side: A yard between the building and the sideline of the lot and extending from the front lot line to the rear yard.
ZONING ADMINISTRATOR: This position shall be the responsibility of the Village Administrator or his/her designee. (Ord. 2640, 5-23-1995; amd. Ord. 2657, 11-13-1995; Ord. 2712, 1-27-1997; Ord. 2716, 2-24-1997; Ord. 2846, 9-27-1999; Ord. 2941, 10-22-2001; Ord. 3122, 8-8-2005; Ord. 3235, 4-28-2008; Ord. 3270, 3-23-2009; Ord. 3586, 2-29-2016; Ord. 3710, 8-20-2018; Ord. 3788, 12-9-2019; Ord. 3799, 2-24-2020; Ord. 3814, 6-22-2020)