(A) The language of this chapter shall be interpreted in accordance with the following rules of construction. Words used in the present tense shall include the future, the singular number shall include the plural, and the plural the singular. The word BUILDING shall include the word STRUCTURE, the word USED shall include ARRANGED, DESIGNED, CONSTRUCTED, ALTERED, CONVERTED, RENTED, LEASEDor INTENDED TO BE USED. The word MAY is permissive and the word SHALL is mandatory and not discretionary. All distances shall be measured horizontally except height which shall be measured vertically.
(B) Words herein not defined shall be interpreted in accordance with definitions contained in Webster’s Dictionary.
ABANDONMENT. A voluntary action to give up one’s rights or interests in property.
ACCESSORY BUILDING. A building which:
(a) Is subordinate to and serves a principal building or principal use served;
(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; and
(d) Is located on the same zoning lot as the principal building or principal use served, with the single exception of those accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.
ACCESSORY USE. Includes, and is limited to, the following:
(a) A children’s playhouse, garden house, and private greenhouse;
(b) A unattached garage, carport, shed, or building for domestic storage;
(c) Incinerators incidental to residential use;
(d) Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless that storage is excluded by the district regulations;
(e) Storage of goods used in or produced by manufacturing activities, unless the storage is excluded by the district regulations;
(f) A nonpaying guest house or rooms for guests within an accessory building, provided the facilities are used for the occasional housing of guests by the occupant of the principal building and not for permanent occupancy;
(g) Swimming pool, bathhouse, cabana, for use by the occupant and his or her guests;
(h) Off-street motor car parking areas and loading and unloading facilities;
(i) Signs (other than advertising signs) as permitted and regulated in each district incorporated in this chapter; and
(j) Public utilities facilities–telephone, electric, gas, water, and sewer lines, their supports, and incidental equipment.
AGRICULTURAL SERVICES. Establishments engaged in providing services to agricultural establishments and landowners, including soil preparation, crop services, veterinary services, farm management, and landscape and horticultural services. (SIC Group 07)
AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. (SIC Group 01 and 02)
ALLEY. A public way used as a secondary means for vehicular service access to the rear or side of properties otherwise abutting on a street.
ALTERATIONS, STRUCTURAL. Any change, addition, or replacement of the supporting members of a building or structure.
APARTMENT. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used, or intended to be used as a single housekeeping unit. Complete kitchen and bath facilities, permanently installed, must always be included for each APARTMENT.
AMUSEMENT AND RECREATION SERVICES. Establishments not defined elsewhere, engaged in providing indoor and outdoor amusement, entertainment, and recreation to the general public. Includes both indoor and outdoor activities. (SIC Group 79)
ASSISTED LIVING FACILITY. Housing wherein limited health care is provided for the elderly.
AUTOMOBILE REPAIR AND SERVICES. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision services including body, frame, or fender straightening or repair, overall painting or paint shop and vehicle steam cleaning. AUTOMOTIVE SERVICES include car washes, except for single-stall car washes incidental to the sale of gasoline. (SIC Group 75)
AUTOMOBILE SERVICE STATION or GAS STATION. A place where gasoline, kerosene, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale and delivered directly into motor vehicles, including greasing, oiling, and single-stall car washes incidental to the sale of gasoline. (SIC Code 554)
AUTOMOTIVE, IMPLEMENT, AND RECREATIONAL VEHICLE SALES. An open area, other than a street, used for the display, sale, or rental of new or used motor vehicles, implements or trailers in operable condition and where no repair work is done. (SIC Codes 551, 552, 555, 556, 557, and 559)
AWNING SIGN. A roof-like cover, often a fabric, metal, plastic, fiberglass or glass designed and intended for protection from the weather or as a decorative embellishment, which is supported by and projects from a wall or a roof of a structure over a window, walk, door, or the like and on which a sign is painted or attached.
BED AND BREAKFAST. An owner-occupied residence with 4 or fewer guest rooms provided for compensation for a period not to exceed 3 consecutive weeks, in which the only meal served is breakfast. (For permitted uses, see CO and CR in § 155.048(C). For special uses, see R1, R2, RM, CG and CH in §§ 155.046, 155.047 and 155.048.)
(Am. Ord. 1995-3, passed 10-5-1995)
BLOCK. A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways, or corporate boundary lines of municipalities.
BUILDABLE AREA. The space remaining on a lot after the minimum open space yards and setback requirements of this chapter have been complied with.
BUILDING. Any structure having a roof supported by columns or walls for the sheltering or enclosure of persons, animals, chattels, or property of any kind; any structures with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers; and other similar structures are not considered as BUILDINGS.
BUILDING DETACHED. A freestanding building surrounded by open space and open to the sky on the same zoning lot.
BUILDING HEIGHT. The height of a structure shall be measured vertically from the average elevation of the natural grade of the ground covered by the structure to the highest point of the structure or to the coping of a flat roof, to the deck line of a mansard roof, or to the mean height between eaves and ridges for a hip, gable, or gambrel roof.
BUILDING SETBACK LINE. A line parallel to the street line at a distance from it, regulated by the setback requirements set up in this chapter.
BUILDING SUPPLY STORES. Retail establishments engaged primarily in the selling of lumber and other building materials. (SIC Group 521)
BULK. The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:
(a) Size and height of buildings;
(b) Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings;
(c) Gross floor area of buildings in relation to lot area;
(d) All open spaces allocated to the buildings;
(e) Amount of lot area per dwelling unit; and
(f) Required parking areas.
CAFÉ. A place for coffee, sandwiches, and light refreshments.
CAFETERIA. A self-service restaurant or lunchroom.
CANOPY SIGN. Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door, entrance, or window. A CANOPY SIGN is not a marquee and is different from service area canopy signs.
CARPORT. A permanent roofed structure with not more than 2 enclosed sides and is used or intended to be used for automobile storage or shelter.
CIVIC USES. Community center, public library, public museum, public art gallery, public recreation, post office, fire station, public botanical garden, and similar public uses, each without outdoor storage. (SIC Codes 823, 83, 841, 91, 92, 93, 94, 95, 96, 97)
CLINIC. An institution connected with a hospital or medical school where diagnosis and treatment are made available to inpatients and outpatients.
COFFEE SHOP. A place where coffee and other refreshments are sold and often being a center for the dissemination of news and for informal discussion (as of politics or literature).
CLUBS AND ASSOCIATIONS. A nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise. (SIC Codes 86)
COMMUNITY-BASED HOUSING.
(a) Housing for handicapped individuals, except any individual whose tenancy would constitute a direct threat to the health or safety of other individuals, or whose tenancy would result in substantial physical damage to the property of others.
(b) The term HANDICAPPED means, with respect to an individual:
1. a. A physical or mental impairment that substantially limits 1 or more major life activities of the individual;
b. A record of having such impairment; or
c. Being regarded as having such an impairment.
2. The term does not include current alcohol abuse and current, illegal use of or addiction to a controlled substance.
COMMUNITY SERVICE ORGANIZATIONS. A facility for community use which includes 2 or more of the following: recreation facilities, fitness center, educational programs, and/or meeting rooms. Examples include the YMCA, YWCA, Community Centers and Boys Club.
(Ord. 1995-3, passed 10-5-1995)
CONTRACTORS–BUILDING CONSTRUCTION. General and special trade contractors who undertake activities related to building construction including general construction, electrical work, painting, plumbing, heating, air conditioning, roofing, and sheet metal work. (SIC Groups 15 and 17)
CONTRACTORS–HEAVY CONSTRUCTION. General contractors engaged in heavy construction other than buildings, such as highways, bridges, sewers, railroads, and airports. (SIC Group 16)
CONVENIENCE STORES. Any retail establishment serving primarily the surrounding neighborhood and offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area less than 5,000 square feet. Convenience stores do not include the sale of gasoline. (SIC 541 (under 5,000 square feet))
DAYCARE. Supervision of and care for children or physically or mentally disabled adults that is provided during the day by a person or organization other than the children’s parents or the adults’ family members.
DAYCARE CENTERS. A licensed facility where a person other than a relative or guardian provides care and supervision for 4 or more children under the 7 years of age, for less than 24 hours a day and for compensation. (SIC Code 835)
DELICATESSEN. A place where ready-to-eat food products (as cooked or processed meats, cheeses, prepared salads, canned foods, preserves, relishes) are sold either to be taken out or to be eaten on the premises.
DISTRICT. An area or section of the Village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.
DWELLING. A building or portion thereof, but not including a house trailer, mobile home, camp car, or houseboat designed or used exclusively for residential occupancy, including 1-family dwelling units, 2-family dwelling units, and multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof, designed or altered for occupancy by 3 or more families living independently of each other with separate kitchen and bathroom facilities.
DWELLING, ONE-FAMILY. A dwelling unit designed exclusively for use and occupancy by 1 family.
DWELLING, TWO-FAMILY. A building designed or altered to provide dwelling units for occupancy by 2 families living independently of each other with separate kitchen and bathroom facilities.
EDUCATIONAL INSTITUTION. Public, parochial, charitable, or nonprofit junior college, college, or university, other than trade or 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.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground and overhead lines and pipes for gas, electric, telephone, communications, cable television, steam, public water supply, sanitary sewage collection, stormwater conveyance, or other comparable utilities. ESSENTIAL SERVICES include such above surface facilities as poles, guide wires, fire alarm boxes, water hydrants, utility posts, police call boxes, and stand pipes. ESSENTIAL SERVICES do not include larger utility facilities such as electric substations, wastewater treatment plants, well houses, and water reservoirs.
FAMILY. One or more persons, each related to the other by blood, marriage, or adoption (including foster children), maintaining a common household; or a FAMILY may consist of up to but not exceeding 3 persons not so related, provided the persons maintain a common household and single housekeeping unit. Not more than 1 gratuitous guest can be included in a FAMILY. Live-in servants are limited to 2 in number.
FAMILY OR CHILD ADVOCACY CENTER. An establishment serving the physical, emotional, spiritual, and legal needs of victims or at-risk individuals.
FLOODWAYS. All land along the Rock River subject to inundation, all land within 150 feet of any drainageway that drains 500 acres or more, and in addition thereto, all land less than 5 feet above the thalweg of the drainageway, all shown on the official floodway map of the Village.
FREESTANDING SIGN. Any sign that is not attached to a building, but which is situated on a building site, oriented in relatively close proximity to the building such that its main purpose is to identify the building (e.g., by name and/or address) and/or its occupants.
FRONTAGE. Generally, the distance of the front lot line of a lot abutting a street. When a particular development standard requires that buildings occupy a certain minimum percentage of the FRONTAGE, the FRONTAGE shall be the distance of the front lot line reduced by physical, legal and other characteristics of the lot located in or impacting the front yard in a manner that limits or prevents the construction of buildings on the lot which buildings could, except for such characteristics, be oriented to the build-to line. Examples include, without limitation, retention and detention ponds, rights-of-way, permitted parking areas, and utility easements.
GUEST HOUSE. Using 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. These quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.
HEALTH AND FITNESS FACILITY. A place to exercise although not necessarily under the supervision of a physical therapist, occupational therapist, exercise physiologist, or other similar health care provider.
HELICOPTER PAD. A level surface designed to accommodate the landing and taking-off of helicopters.
HOSPICE. An establishment that provides palliative care and attends to the emotional and spiritual needs of terminally ill patients.
HOSPITAL. A usually charitable institution, licensed by the state, for the needy, aged, infirm, or young where sick or injured persons are given inpatient medical or surgical care.
INDEPENDENT LIVING FACILITY. Housing for the elderly who are not in need of the intensity of care that is typically associated with assisted living facilities.
JUNKYARD, AUTOMOBILE DISMANTLING YARD. The use of more than 100 square feet of any zoning lot or portion thereof for the storage or processing of scrap metals, wastes, papers, building materials, automobiles, or other vehicles or machinery.
KENNELS. Means any zoning lot or premises on which 4 or more dogs and/or cats at least 4 months of age are kept, boarded, or trained, whether in special buildings and runways or not.
LABORATORY, MEDICAL. A place that provides opportunity for systematic observation, experimentation, or practice related to health care.
LABORATORY, RESEARCH. A place that provides opportunity for systematic observation, experimentation, or practice primarily in the context of teaching or research.
LOT, CORNER. A lot situated at the junction of and abutting on 2 or more intersecting streets.
LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTH. The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.
LOT FRONTAGE. The front of a lot shall be that boundary of a lot along a public street. For a corner lot, the owner may elect either street line as the front lot line.
LOT OF RECORD. An area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to statute.
LOT, REVERSED CORNER. A corner lot, the rear of which abuts upon the side of another lot.
LOT, THROUGH. A lot having frontage on 2 parallel or approximately parallel streets, and which is not a corner lot. On a THROUGH LOT, both street lines shall be deemed front lot lines.
LOT WIDTH. The least distance between the side lot lines, measured at points midway between the front and rear lot lines. In the case of triangular lots, for lots that are bounded by more than 4 straight lines, or that have curvilinear side lines, the Zoning Administrator shall determine the lot width.
MANSARD SIGN. Any sign that hangs from or is attached below a mansard style building roof.
MANUFACTURING. Establishments engaged in the mechanical or chemical transformation of material or substances into new products. (SIC Groups 20 through 39)
MARQUEE SIGN. Any building sign painted, mounted, constructed, or attached in any manner on a marquee, herein defined as a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.
MEDICAL LABORATORY. A place for gathering, sampling, handling, processing, observing, and testing human tissue, blood, and other similar items.
MONUMENT SIGN. A sign supported by 1 or more poles or seated on a foundation of stone, concrete or other permanent material. The face(s) of a monument sign may extend from ground level to the full height of the sign, subject to provisions relating to clear sight lines for motorists.
NONCONFORMING USE. Use of a structure or land which was lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located, by reason of adoption of this chapter or amendment thereto, or by reason of annexation of territory to the Village.
NURSING HOME. A structure operated as a lodging house in which nursing, dietary, and other personal services are rendered to convalescents, invalids, or aged persons, not including persons suffering from contagious or mental diseases, alcoholism or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home or a rest home shall be deemed a NURSING HOME.
NURSING, RETIREMENT, OR CONVALESCENT FACILITY. A place where maintenance and personal or nursing care are provided for 3 or more persons who are unable, either on a temporary or permanent basis, to care for themselves properly.
OCCUPATIONAL THERAPY FACILITY. A place where therapy in which the principal element is some form of productive or creative activity is provided.
OFFICE, MEDICAL. An office for health care providers including, without limitation, dentists, physicians, and surgeons.
PARKING AREA, PUBLIC. An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under 3/4-tons’ capacity, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.
PARKING SPACE, COMMERCIAL and INDUSTRIAL, OFF-STREET. A usable off-street area with independent access, at least 9 feet by 18 feet for diagonal and perpendicular vehicle parking or at least 8 feet by 22 feet for parallel vehicular parking. Accessible parking spaces required under the Americans with Disabilities Act will be 16 feet by 18 feet.
PARKING SPACE, RESIDENTIAL. An open, hard-surfaced area, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory. The parking area shall not be located in the setbacks established for the district in which it is located, except on an asphalt, brick, or concrete driveway.
PHARMACY. An integrated (e.g., part of a hospital), or freestanding retail shop where medicines and miscellaneous articles (e.g., candy, magazines, cosmetics) and usually refreshments and food items are sold.
PHYSICAL THERAPY FACILITY. A place where treatment of disease and injury by mechanical means such as exercise, heat, light, and massage is provided.
PROJECTING WALL SIGN. Any sign that is affixed to a building or wall in such manner that its leading edge extends more than 18 inches beyond the surface of the building or wall face.
REHABILITATION FACILITY. A place used to assist humans to achieve or to restore good health or useful life through therapy, treatment, and education.
RENTABLE SQUARE FEET. As defined in Standard Method for Measuring Floor Area in Office Buildings, ANSI BOMA Z65.1-1996.
REPAIR SHOPS. Establishments engaged in miscellaneous repair of household items and smaller business equipment for the general public and business. (SIC Group 76)
RETAIL TRADE. Establishment engaged primarily in selling merchandise for personal or household consumption and rendering service incidental to the sales of goods.
(a) Includes:
1. General merchandisers (SIC Group 53);
2. Hardware stores (SIC Group 525);
3. Paint glass and wallpaper stores (SIC Group 523);
4. Food stores (SIC Group 54);
6. Home furnishings and equipment stores (SIC Group 57);
7. Eating and drinking places (SIC Group 58); and
8. Miscellaneous retail (SIC Group 59).
(b) For purposes of enforcement of this chapter, RETAIL TRADE excludes:
1. Building supply stores (SIC Group 521);
2. Garden and lawn supply stores (SIC Group 526);
3. Mobile home dealers (SIC Group 527); and
4. Automotive dealers and service stations (SIC Group 55).
SERVICES, BUSINESS. Establishments engaged primarily in rendering services to business establishments, such as advertising agencies, mailing services, employment agencies, and computer software companies. (SIC Group 73)
SERVICES, PERSONAL. Establishments engaged in providing services primarily to individuals and households, such as laundry, dry cleaning, copy shops, beauty shops. (SIC Group 72)
SERVICES, PROFESSIONAL. Establishments engaged in providing the general public and businesses with professional services in an office setting. Includes:
(a) Security and commodity brokers (SIC Group 62);
(b) Insurance agents and brokers (SIC Group 64);
(c) Real estate services (SIC Group 65);
(d) Holding and other investment offices (SIC Group 67);
(e) Professional health services (SIC Group 801, 802, 803, 804, 807, 808, 809);
(f) Legal services (SIC Group 81);
(g) Engineering, accounting, research, management, and related services (SIC Group 87); and
(h) Educational services (SIC Code 824).
SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where the sign is located or to which it is affixed.
SIGN, BUSINESS. A sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered upon the premises on which the sign is located or to which it is affixed.
SITE. A tract or parcel of land under single ownership or control which may or may not be a lot of record.
STABLE, LIVERY. Any building, other than a private stable, designed, arranged, used or intended to be used for the storage of horses and horse drawn livery, or both for remuneration, hire or sale.
STABLE, PRIVATE. Any accessory building which is located on a lot on which a dwelling is located and which is designed, arranged, used, or intended to be used for housing horses for the private use of occupants of the dwelling.
SURGERY CENTER. An establishment that delivers surgical procedures on an outpatient basis and requiring less than a 24-hour stay.
TRAILER. A vehicle without motive power used or adaptable for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet building requirements, and has been or reasonably may be equipped with wheels or other devices for transporting the vehicle from place to place. The term TRAILER shall include CAMP CAR and HOUSE CAR. A permanent foundation shall not change its character unless the entire structure is erected in accordance with prevailing Village laws.
TRAILER CAMP or MOBILE HOME PARK. A trailer or mobile home park shall mean any lot parcel or land where trailer spaces are rented or leased, or offered for rent or lease for 1 or more trailers.
TRAILER COACH or MOBILE HOME. A dwelling for 1 or more persons designed for transportation on streets and highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling, except for incidental unpacking and assembling operations, location on jacks or permanent foundation, connection to utilities and the like.
(Ord. 1995-3, passed 10-5-1995)
URGENT CARE CENTER. An establishment that delivers generally nonsurgical physician services on an emergency or immediate basis or without the requirement of an appointment for the services.
WALL SIGN. Any building sign attached parallel to but within 18 inches of a wall, painted on the wall surface of, or erected and confined within limits of an outside wall of any building or structure, which is supported by the wall or building.
(Am. Ord. 2006-3, passed 2-2-2006)
WAREHOUSE - SELF-STORAGE. Warehouses serving primarily the general public with separate access for each storage stall, 1-story, less than 10,000 square feet per building, total area less than 60,000 square feet. (SIC 4225)
YARD or SETBACK. 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 chapter, 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.
YARD or SETBACK, FRONT. The area extending along the full length of the front lot line between the side lot lines.
YARD or SETBACK, REAR. The area extending along the full length of the rear lot line between the side lot lines.
YARD or SETBACK, SIDE. The area extending along side lot lines from the front yard line to the rear yard line.
ZONING LOT. A tract or parcel of land under single ownership or control which may or may not be a lot of record.
ZONING MAPS. The map or maps incorporated into this chapter as a part hereof, designating zoning districts.
(Ord. 1992-10, § 2400, passed 3-18-1993; Am. Ord. 1999-9, passed 8-5-1999)