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As used in this title, the following words and terms shall have the meanings ascribed to them in this section:
ACCESSORY BUILDINGS: A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An ACCESSORY USE is one which is incidental to the main use of the premises.
ADULT USE: Adult bookstores, adult motion picture theaters, and adult entertainment cabarets, as defined below:
ADULT BOOKSTORE: An establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin-operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or an establishment with a segment or section devoted to the sale or display of such materials which segment or section consists of more than ten percent (10%) of the floor space occupied by the establishment which is accessible to patrons of the establishment; or an establishment that holds itself out to the public as a purveyor of such materials based upon factors showing the establishment’s primary purpose is to sell such material including, but not limited to, its signage, advertising, displays, actual sales, presence of video preview or coin-operated booths, the exclusion of minors from the establishment’s premises and the offering for sale of instruments, devices, or paraphernalia which are designed to be used or marketed primarily for the stimulation of human genital organs.
ADULT ENTERTAINMENT CABARET: A privately owned establishment which regularly: a) features entertainers or performers who display specified anatomical areas; or b) features entertainers or performers who, by reason of their appearance or conduct, perform in a manner which is designed primarily to appeal to the prurient interest of the patron or entertainers or performers who engage in or are engaged in explicit simulation of specified sexual activities.
ADULT MOTION PICTURE THEATER: A building or area that is regularly used for the presentation to paying adult customers of motion pictures, films or videotapes which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
SPECIFIED ANATOMICAL AREAS: When used in relation to an adult use means: a) less than completely and opaquely covered human genitals, pubic region, buttocks, or female breasts below a point immediately above the top of the areolae; or b) human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: When used in relation to an adult use means: a) human genitals in the state of sexual stimulation or sexual arousal; b) actual or simulated acts of masturbation, sexual intercourse or sodomy involving one or more persons; c) fondling or other sexual touching of human genitals, pubic region, buttocks, or female breasts; and d) excretory functions as part of or in connection with any of the activities listed in the definitions of ADULT BOOKSTORE, ADULT ENTERTAINMENT CABARET, and ADULT MOTION PICTURE THEATER above.
ADULT USE DISPENSING ORGANIZATION LICENSEE: A holder of a license issued by the Illinois Department of Financial and Professional Regulation that permits a person/entity to act as a dispensing organization under this Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq,. as amended from time to time, and the administrative rules and regulations promulgated in furtherance of the Cannabis Regulation and Tax Act.
ADVERTISING DEVICE: Any advertising sign, billboard, or poster panel which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed; but does not include those advertising signs, billboards, or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified or which is sold on the premises.
AGRICULTURAL BUILDING OR STRUCTURE: Any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.
AGRICULTURE: The use of land for agricultural purposes including farming, dairying, pasturage, apiculture, 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 the normal agricultural activities.
AIRPORT: Any area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way including all necessary taxiways, aircraft storage and tie-down area, hangars, and other necessary buildings and open spaces.
ALLEY: A public or private thoroughfare which affords only a secondary means of access to property abutting thereon.
ALTERATION: Any change in size, shape, character, occupancy, or use of a building or structure.
APARTMENT: A room or suite of rooms in a two-family or multiple dwelling, or where more than one living unit is established above nonresidential uses, intended or designed for use as a residence by a single family including bath and culinary accommodations.
APARTMENT HOTEL: A hotel in which at least ninety percent (90%) of the hotel accommodations are occupied by permanent guests.
APARTMENT HOUSE: See definition of DWELLING, MULTIPLE.
AUTO LAUNDRY: A building or portion thereof containing facilities for washing more than two (2) automobiles using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices.
BASEMENT: A story having part but not more than one-half (1/2) of its height below grade. A BASEMENT is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises. Not more than five hundred (500) square feet of the floor area of any basement shall be used for habitable rooms by any janitor and his family.
BOARDING HOUSE: A building other than a hotel where, for compensation pursuant to previous arrangement, meals, or lodging and meals, are provided for three (3) or more persons.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property.
BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between the eaves and ridge for gable, hip and gambrel roofs.
BUSINESS: The engaging in the repair, service, purchase, sale, barter, or exchange of goods, wares, or merchandise, materials, products, items or chattels in general or the selling or rendering of services in general.
CANNABIS: The definition set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq., as amended from time to time.
CELLAR: A story having more than one-half (1/2) of its height below grade. A CELLAR is not included in computing the number of stories for the purpose of height measurement.
CLUB, PRIVATE (PROFIT OR NONPROFIT): An association of persons who are bona fide members paying annual dues which owns, hires or leases a building, or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such “private club” are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed; provided, that such sale of alcoholic beverages is in compliance with the applicable Federal, State, County and local laws.
COLUMBARIUM: A vault with niches for cinerary urns.
COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of unrelated persons with disabilities, plus support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis, or present whenever residents with disabilities are present at the dwelling unit. To be a COMMUNITY RESIDENCE, a dwelling unit must comply with the regulations for the zoning district in which the site is located. COMMUNITY RESIDENCE does not include a dwelling unit which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for residing in the dwelling unit is for treatment of substance or alcohol abuse or the treatment of a communicable disease. COMMUNITY RESIDENCE does not include a rooming house, hotel, nursing home, hospice, or halfway house.
BEDROOM: A room located within a dwelling unit which has a ceiling over at least fifty percent (50)% of its floor area that is not less than eight feet (8') in height, has at least one window and a doorway, and is used for sleeping by one or more persons who reside in the dwelling unit and is not used or intended for use on a regular basis by persons who do not regularly use the room as a place for sleeping.
DWELLING UNIT: One or more rooms which are arranged, designed, or used as living quarters for a family, or a community residence of a single housekeeping unit. A DWELLING UNIT includes bathroom and kitchen facilities in addition to sleeping and living areas.
HALFWAY HOUSE: A temporary residential living arrangement for persons who are receiving therapy and counseling from support staff who are present at all times the residents are present for the following purposes:
A. To help persons recuperate from the effects of drugs or alcohol addition;
B. To help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence; or
C. To provide temporary shelter for persons who are victims of domestic abuse.
HOSPICE: A temporary residential living arrangement for persons with a disease that requires full- time support, therapy, and/or treatment.
LARGE COMMUNITY RESIDENCE: A community residence serving from ten (10) to fifteen (15) persons with disabilities.
PERSON WITH A DISABILITY: Any individual whose disability:
A. Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments; and
B. Is likely to continue for a significant amount of time or indefinitely; and
C. Results in functional limitations in three (3) or more of the following areas of major life activities:
2. Receptive or expressive language.
6. Capacity for independent living.
7. Economic self-sufficiency.
D. Reflects a person’s need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of a lifelong or extended duration.
A person whose mental, intellectual or physical impairment is due to the use of, or addiction to, alcohol, a communicable disease, or a controlled substance is not a PERSON WITH A DISABILITY.
SMALL COMMUNITY RESIDENCE: A community residence serving nine (9) or fewer persons with disabilities.
CURB LEVEL: The level established curb in front of a building measured at the center of the front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the CURB LEVEL.
DISTRICT: A section or sections of the Village of Rosemont for which regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
DRIVE-IN ESTABLISHMENT: An establishment which accommodates the patrons’ motor vehicles from which the occupants may watch, purchase, etc.
DWELLING: Any building or portion thereof which is designed and used exclusively for residential purposes.
DWELLING, MULTIPLE: A building having accommodations for and occupied exclusively by more than two (2) families.
DWELLING, SINGLE-FAMILY: A building having accommodations for and occupied exclusively by one family.
DWELLING, TWO-FAMILY: A building having accommodations for and occupied exclusively by two (2) families.
ELEEMOSYNARY INSTITUTION: A building or group of buildings devoted to and supported by charity.
FAMILY: One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage, but no unrelated groups shall consist of more than four (4) persons. Persons living in a hotel, rooming house, halfway house or hospice shall not be considered a family unless all persons living therein are related by birth, adoption or marriage. Persons living in a community residence shall be considered a family if not more than four (4) unrelated persons live in the community residence and if there is no support staff provided by a sponsor agency either living with the residents on a twenty four (24) hour basis or present whenever residents with disabilities are present.
FILLING/GAS STATIONS: Any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises is classified as a public garage.
FRONTAGE: All the property on one side of a street between two (2) 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: Any building used for equipping, servicing, repairing, rebuilding, painting, hiring, selling or storing motor vehicles, including facilities for selling fuel, lubricants and accessories, and facilities for washing, chassis and gear lubrication and undercoating of motor vehicles.
GARAGE, PRIVATE: An accessory building housing not more than four (4) motor-driven vehicles. Not more than one of the vehicles may be a commercial vehicle of not more than one and one-half (1-1/2) tons’ load capacity.
GARAGE, PUBLIC: Any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles.
GARAGE, STORAGE: Any building, or premises, used for housing only of motor-driven vehicles, other than trucks and commercial vehicles, pursuant to previous arrangements and not to transients, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.
A. For buildings having walls adjoining one street only, the elevation of the curb at the center of the wall adjoining the street.
B. For buildings having walls adjoining more than one street, the average of the elevation of the curb at the centers of all walls adjoining the streets.
C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the buildings.
D. Any wall approximately parallel to and not more than five feet (5') from a street line is to be considered as adjoining the street. Where no curb exists, the grade shall be established by the Village Engineer.
GROUP OR ROW HOUSE. A group of two (2) or more but not exceeding six (6) single-family dwellings, separated by walls without openings, not more than two (2) rooms deep.
GUESTS, PERMANENT. A person who occupies or has the right to occupy a hotel or an apartment hotel accommodation as his domicile and place of permanent residence.
HOME OCCUPATIONS. Any occupation or profession located in a dwelling and/or accessory building which is clearly incidental and secondary to the residential use of premises.
HOTEL: A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to an APARTMENT HOUSE which is herein separately defined.
INSTITUTION: A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
KENNEL: Any premises on which dogs or cats are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.
LODGE: A hall or meeting place of a local branch or the members composing such a branch of a fraternal order or society, such as the Masons, Knights of Columbus, Moose, American Legion and other similar organizations. It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed, provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided, that such sale of alcoholic beverages is in compliance with the applicable Federal, State, County, and local laws.
LODGING HOUSE: A building or place where lodging is provided (or which is equipped regularly to provide lodging) by prearrangement for a definite period, for compensation, for three (3) or more persons in contradistinction to hotels open to transients.
LODGING ROOM: A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one LODGING ROOM for the purpose of this title.
LOT: A parcel of land occupied or intended for occupancy by a use permitted in this title, including one main building, together with its necessary buildings, the open spaces and parking spaces required by this title, and having its principal frontage upon a street or upon an official approved place.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.
LOT OF RECORD: A lot which is a part of a subdivision, the map 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 of Deeds prior to the effective date hereof.
MOTEL: An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, and designed for use by transient automobile tourists. A MOTEL furnishes customary hotel services, such as maid service and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture. In a MOTEL, less than fifty percent (50%) of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists.
MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate and interstate shipment by motor truck.
MOTOR VEHICLE: Any passenger vehicle, truck, or truck-trailer, trailer, or semitrailer propelled or drawn by mechanical or other power.
NONCONFORMING USE: Any building or land lawfully occupied by a use at the effective date hereof or amendment hereto, which does not conform after the effective date hereof or amendment hereto with the use regulations of the district in which it is situated.
PARKING SPACE: An area surfaced with concrete, bituminous or similar materials, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one standard automobile, and if the space is unenclosed, comprising an area of not less than one hundred forty (140) square feet, exclusive of a durably surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.
PLACE: An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
PLANNED DEVELOPMENT: A tract of land fifteen (15) acres or more in area, developed under single ownership or control, the development of which is unique and of a substantially different character than that of surrounding areas.
PUBLIC PASSENGER VEHICLE: Taxicabs, limousines and livery vehicles used for transportation of passengers for hire.
RAILROAD RIGHT-OF-WAY: A strip of land with tracks and auxiliary facilities for track operations, including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
REAR LOT LINE: The lot line or lot lines most nearly parallel to and most remote from the front lot line. All areas given for public easements shall be excluded from any parcel of land in determining location of rear lot line.
RECREATIONAL CLUB: A profit or nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires, or leases land or buildings or portion thereof, the use of such premises being restricted primarily to the principal use, which is a generally recognized sport or recreational activity. The premises shall be restricted to the members and their guests. The affairs and management of a RECREATIONAL CLUB are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed; provided, that such sale of alcoholic beverages is in compliance with the applicable Federal, State, County and local laws.
REST HOME OR NURSING HOME: A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury.
ROADSIDE STAND: A structure for the display and sale of agricultural products, with no space for customers within the structure itself.
ROOMING HOUSE: See definition of LODGING HOUSE.
SALES LOT: An open outdoor area upon which new or used chattels or merchandise are displayed for sale.
SETBACK: The minimum horizontal distance between the front line of the building or structure and the front property line.
SHORT TERM RENTAL: A rental or licensing for any period less than twenty eight (28) days of any single-family dwelling, multiple dwelling, group or row house and any portion of a single-family dwelling, multiple dwelling or group or row house.
SIDE LOT LINE: Lot lines other than front or rear lot lines. All areas given for public easements shall be excluded from any parcel of land in determining location of side lot line.
SIGN: A name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon, 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 display of official court or public office notices nor shall it include the flag, emblem, or insignia of a nation, political unit, school, or religious group. A SIGN shall not include a sign located completed within an enclosed building unless the context shall so indicate.
SIGN, ADVERTISING: A sign which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such 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 where such sign is located or to which it is affixed.
SOLAR ENERGY PANEL, FREESTANDING: One or more solar panels that are not attached to another structure other than a rack or pole that is attached to the ground.
SOLAR ENERGY PANEL, ROOF-MOUNTED: A solar energy panel mounted on a rack that is fastened to a building roof.
SOLAR ENERGY SYSTEM: A system utilizing solar panels, mechanical supporting elements, meters, conduit and electrical lines, batteries, switches and other electrical related equipment for the purpose of converting solar radiant energy into other forms of energy and transmitting same to the electric grid or other form of storage device or facility.
SOLAR PANEL: A device, structure or part of a device or structure for which the primary purpose is to transform solar radiant energy into other forms of energy.
STORAGE LOT: An open outdoor area upon which new or used chattels or merchandise are stored.
STORY: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, the space between the floor and the ceiling next above it.
STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet (3') above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with and by the occupants of the floor immediately below.
STREET: All property dedicated or intended for public or private street, highway, freeway, or roadway purposes or subject to public easement therefor.
STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATIONS: 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 alterations as may be required for the safety of the building.
STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground including, but without limiting, the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.
TRAILER: Any structure used for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirtings and which is, has been, or reasonably may be, equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term TRAILER shall include camp car and house car.
USE: The USE of property is the purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained.
USE, PERMITTED: A use which may be lawfully established in a particular district.
USE, PRINCIPAL: The main use of 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 be properly classified as a permitted use in a particular district. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, the SPECIAL USE may or may not be granted.
WHOLESALE ESTABLISHMENT: A business establishment engaged in selling to retailers or jobbers rather than consumers.
YARD: An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. 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 mean horizontal distance between the lot line and the main building 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 main building or any projections thereof other than the projection of the usual steps, entranceway, unenclosed balconies, or open porch.
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 main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. 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.
(Revised Zoning Ord., 8-15-1993; amd. Ord. 98-4-8M, 4-8-1998; Ord. 2011-6-8L, 6-8-2011; 2018-3-14Q, 3-14-2018; Ord. 2020-6-10E, 6-10-2020; Ord. 2020-6-10F, 6-10-2020)