Whenever in this chapter the following words and phrases have been used, they shall, for the purposes of this Chapter, have the meanings respectively ascribed to them in this Section, except when the context otherwise indicates.
ACCESSORY BUILDING or ACCESSORY STRUCTURE. A subordinate detached building or structure located on the same lot as a principal building, the use of which subordinate building or structure is incidental to that of the principal building or to the principal use of the lot. An ACCESSORY BUILDING includes, but is not limited to, the following:
(1) A children's playhouse;
(2) A garage, shed or building for storage incidental to a permitted use;
(3) Signs as permitted and regulated in each district incorporated in Chapter 154 of the New Millennium Code of the Village of Schiller Park.
ACCESSORY USE. A use which is ancillary, complementary or customarily incidental to the principal use of or upon the same zoning lot and so necessary, or commonly to be expected, that it cannot be supposed that this Chapter intended to prevent it. An ACCESSORY USE includes but is not limited to the following:
(1) Storage of goods used in or produced by manufacturing activities on the same zoning lot with such activities, unless such storage is excluded by district regulations.
(2) The production, processing, cleaning, servicing, altering, resting, repair or storage of merchandise normally incidental to a retail service or a business use if conducted by the same ownership as the principal use located on the same zoning lot.
(3) Off-street motor vehicle parking areas and loading facilities on the same zoning lot.
ACREAGE. Any tract or parcel of land having an area of one acre or more which has heretofore not been subdivided or platted.
ADMINISTRATOR or ZONING ADMIN- ISTRATOR or DIRECTOR. The Director of Community Development of the Village of Schiller Park and such deputies or assistants as have been or shall be duly appointed. That officer is hereby authorized and it is his duty to administer and enforce the provisions of this chapter, making such determinations, interpretations, and orders as are necessary therefor and requiring such plats, plans, and other descriptive material in connection with applications for permits as are necessary for him to judge compliance herewith.
ADDITION. Any change that increases the floor area of the building or structure.
ADJACENT. Touching, lying immediately next to, abutting and/or sharing a common wall or lot line.
ADULT BOOK OR ADULT VIDEO STORE. An establishment having as a substantial or significant portion of its sales and/or stock in trade, books, magazines, films and/or videos for sale or viewing on the premises by use of motion picture devices or any coin-operated means, and other periodicals -- which are distinguished or characterized by their emphasis on material depicting, describing or relating to 'specified anatomical areas' or 'specified sexual activities', or an establishment with a segment or section devoted to the sale or display of such material, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, the exclusion of minors from the establishment's premises, or any other factors showing that the establishment's primary purpose is to purvey such material.
ADULT ENTERTAINMENT CABARET. A public or private establishment which, live or on motion pictures, features (i) topless dancers, strippers, and/or male or female impersonators; or (ii) entertainers who not infrequently display 'specified anatomical areas'; or (iii) entertainers 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 who engage in, or engage in explicit simulation of, 'specified sexual activities'.
ADULT MINI MOTION PICTURE AND/OR VIDEO THEATER. An enclosed building or an area within a building, having a capacity for less than 50 persons, and used for presenting motion picture films, video cassettes, cable television, and/or any other such visual media -- all of such materials so presented distinguished or characterized by an emphasis on matter depicting, describing or relating to 'specified sexual activities' or 'specified anatomical areas' for observation by patrons therein.
ADULT MOTION PICTURE THEATER. An enclosed building, or an area within a building, having a capacity of 50 or more persons, and used regularly and routinely for presenting motion picture films, video cassettes, cable television, and/or any other such visual media -- all of such materials so presented having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to 'specified anatomical areas' or 'specified sexual activities' for observation by patrols therein.
ADVERTISING DEVICE. Any advertising sign, billboard, statuary 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 and which is sold on the premises.
ALLEY. A public way, not more than 30 feet nor less than 16 feet wide, primarily designed to serve as secondary access to the side or rear of those abutting properties whose principal frontage is on a street.
ANIMAL HOSPITAL. Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.
ALLOWABLE USE or ALLOWED USE. A use allowable in a given zoning district under the terms of this chapter as either a permitted use or special use.
ALTERATION, STRUCTURAL. Any change (other than incidental repairs) or replacement of 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.
AMENDMENT. A modification of the text or zoning map contained in this chapter.
ANTENNA, INCLUDING DIRECTIONAL ANTENNA (SUCH AS PANELS), MICROWAVE DISH, SATELLITE DISH, AND OMNI- DIRECTIONAL ANTENNA (SUCH AS WHIP ANTENNA). Any structure or device designed for the purpose of collecting or transmitting electromagnetic waves for telephonic, radio, data, Internet or other communications, including appurtenant equipment attached to a tower or building for the purpose of providing personal wireless services, including, for example: "cellular," "paging," "low power mobile radio," and "personal communications services" telecommunications services, and their attendant base stations.
ANTENNA HEIGHT. The vertical distance measured from the base of the antenna support structure at grade to the highest point of the antenna support structure, even if said highest point is an antenna. Measurement of tower height shall include antennas, base pad, and other appurtenances and shall be measured from the grade of the site. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
ANTENNA SUPPORT STRUCTURE. Any building, pole, mast, tower, tripod, or other structure which supports or is a component part of the overall structure supporting an antenna.
APPEAL. A prayer for relief from any decision or ruling of the Zoning Administrator made in interpreting, applying and/or enforcing the regulations contained in this chapter.
APPLICANT or PETITIONER. Any person, firm, or governmental agency who owns property or the duly appointed representative and wishes to develop that property and one who executed the necessary forms to procure permit to carry out such development from the SMC or the Village and/or any person who files an application for zoning amendment, special use, special exception, variation, subdivision approval, or appeal.
APPLICATION or PETITION. A formal request of the Plan Commission or Board of Appeals, as the case may be, made in writing upon a form provided by the Village Clerk, seeking an appeal, amendment, special use permit, subdivision approval, and/or variation.
AUDITORIUM. A room, hall or building made a part of a church, temple, theatre, school, recreation building or other building assigned to the gathering of people as an audience to hear lectures, plays, and other presentations.
AUTOMOBILE REPAIR. The general repair, engine rebuilding or reconditioning of motor vehicles; collision service, such as body, frame and fender straightening and repair, and painting of automobiles. AUTOMOBILE REPAIR does not include the servicing of second division motor vehicles, buses, trucks, or semi- trailers.
AUTOMOBILE SERVICE STATION. Any building and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, but not including a Truck Stop as herein defined. Uses permissible at an automobile service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in automobile service stations. However, the following services may be rendered and sales made, and no other:
(1) Sale and servicing of sparkplugs, batteries and distributors and distributor parts;
(2) Tire servicing and repair, but not recapping or regrooving;
(3) Replacement of mufflers and tailpipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers, and wiper blades, grease retainers, wheel bearings, mirrors, and the like;
(4) Radiator cleaning and flushing;
(5) Greasing and lubrication;
(6) Providing and repairing of fuel pumps, oil pumps, and lines;
(7) Minor servicing and repair of carburetors;
(8) Emergency wiring repairs;
(9) Adjusting and repairing brakes;
(10) Minor motor adjustments not involving removal of the head or crankcase or racing the motor;
(11) Sales of cold drinks, packaged foods, tobacco and similar convenience goods for service station customers, as accessory and incidental to the principal operation; and
(12) Provision of road maps and other informational materials to customers; provision of restroom facilities.
AWNING. A temporary shelter supported entirely from the exterior wall of a building, which shelter: Is composed of non-rigid materials; is either stationary or able to be retracted, folded, or collapsed against the face of the supporting building; and usually projects from the wall of a building.
BALCONY. A platform projecting from the wall of a building supported by pillars, brackets or consoles or cantilevers from the main part of the building and enclosed by a rail or coping.
BANKS AND FINANCIAL INSTITUTIONS. Commercial banks, currency exchanges, savings and loan associations, brokerage offices and other similar financial institutions, but not including loan offices, finance companies and pawn shops.
BARBER SHOP. A place in a building within which barbering is practiced by barbers licensed by the State of Illinois.
BASEMENT. That portion of a building having more than one-half of its height below lot grade.
BASEMENT, SUBGRADE. That portion of a building which is partly underground but has at least one-half of its average height above lot grade.
BEAUTY PARLOR. A place in a building within which cosmetology and/or nail technology is practiced by licensed cosmetologists and/or licensed nail technicians licensed by the State of Illinois.
BILLBOARD. See ADVERTISING DEVICE.
BLOCK. A tract of land bounded by streets, or in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, shorelines of waterways or corporate boundary lines of municipalities.
BONDED IMPROVEMENTS. All public improvements and those privately owned improvements (e.g. retention ponds, special stormwater drainage and other improvements) which the Village Engineer determines are nevertheless necessary for the public good.
BOOK STORE. An establishment which is not an Adult Book Store and which deals in books and other printed materials.
BUILDABLE AREA. The area of a lot remaining after there has been compliance with the minimum open space and/or yard requirements of this Chapter.
BUILDING. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space and which is designed or intended for the shelter, enclosure or protection of human beings, animals or chattels.
BUILDING, DETACHED. A building surrounded by open space located on the same lot as such building is located.
BUILDING ENVELOPE or BUILDING PAD SITE. For planned unit developments involving, the three-dimensional space within which the structure is permitted to be built on a lot for which a special use in the nature of a planned unit development is granted and shown upon the site plan made a part of such permit.
BUILDING LINE or BUILDING SETBACK LINE. The line established in the subdivision, by agreement or otherwise designating the required distance of the front line of any structure or building from the street line of the street in front of such building or structure; or, if not so established, the line or a given front yard that is furthest from the adjacent street.
BUILDING PERMIT. A permit issued by the Village for the construction, alteration, removal or demolition of a building, structure, or part thereof located or to be located within the corporate limits of the Village.
BUILDING, PRINCIPAL. A non-accessory building in which the principal use of the lot on which it is located is conducted.
BUILDING, RESIDENTIAL. A building which is arranged, designed, used or intended to be used for residential occupancy by one or more families or lodgers and which includes, but is not limited to, the following types:
(1) Single-family detached dwellings;
(2) Multiple-family dwellings, including:
(a) Attached dwellings in a single building with separate entrances to such building, each entrance directly accessing a dwelling unit; and
(b) Attached dwellings in a single building with a common entrance to such building, each dwelling unit being accessed from an entrance off of a common hallway or area inside of the building.
BUILDING SETBACK. On an improved lot, the distance to the front lot line thereof from the foundation of the principal structure or accessory building closest to the front lot line of such lot. See also ESTABLISHED BUILDING SETBACK.
BUILDING SITE PLAN. A document reviewed by the Zoning Administrator in conjunction with a building permit application and approved, if at all, in accord with the procedures established in this Municipal Code for building site plan review.
BULK REGULATIONS or BULK. The term used to describe the zoning regulation of the depth of yards and building setback, the height and location of buildings with respect to adjoining lots and street right-of-way lines, and similar matters including but not limited to: Gross floor area, front yard, rear yard, side yard, lot size, lot coverage, floor area ratio, lot area per dwelling unit, and maximum building height.
BUSINESS. An occupation, employment or enterprise which occupies time, attention, labor and materials; or wherein merchandise is exhibited or sold, or where services are offered.
BUSINESS or PROFESSIONAL OFFICE. The office of an engineer, doctor, dentist, attorney, real estate broker, insurance broker, architect, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.
CAMPUS. Located in the Hotel, Retail, Office Campus District, a contiguous tract of land consisting of at least one and one-half acres for a large scale development to be improved with buildings, uses and amenities as part of a tax increment financing district redevelopment project area, pursuant to a master site plan that is consistent with a tax increment financing district redevelopment plan approved by the Village Board.
CANNABIS BUSINESS ESTABLISHMENT, ADULT-USE. An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization, transporting organization, or any other hemp or cannabis business establishment not defined by this code, which supports the sale, display, or use of any form or variety of hemp, or cannabis as defined by the Cannabis Regulation and Tax Act, ILCS Ch. 410, Act 705, §§ 1-1 et seq. including cannabis contained with
edible products, and abides by the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
CANNABIS CRAFT GROWER, ADULT-USE. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
CANNABIS CULTIVATION CENTER, ADULT-USE. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101- 0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
CANNABIS CULTIVATION CENTER, MEDICAL. A facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical marijuana cannabis all as set forth in the Compassionate Use of Medical Cannabis Pilot Program enacted by the State of Illinois effective January 1, 2014 as amended.
CANNABIS DISPENSING ORGANIZATION, ADULT-USE. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchaser or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
CANNABIS DISPENSING ORGANIZATION, MEDICAL. A facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis paraphernalia or related supplies and educational materials to registered qualifying patients per the Compassionate Use of Medical Cannabis Pilot Program Act enacted by the State of Illinois effective January 1, 2014 as amended.
CANNABIS INFUSER ORGANIZATION or INFUSER, ADULT-USE. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
CANNABIS PROCESSING ORGANIZATION or PROCESSOR, ADULT-USE. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
CANNABIS TRANSPORTING ORGANIZATION or TRANSPORTER, ADULT- USE. An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under
the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
CANOPY. A roof-like structure with posts or other ground support, constructed to provide shelter to pedestrians or vehicles from the weather.
CAR WASH. A building, or portion thereof, containing facilities for the primary purpose of washing automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment or soap for the complete or partial hand-washing of such automobiles, whether by operator of by customer.
CARPORT. An open-sided, roofed automobile shelter, usually formed by extension of the roof from the side of a building.
CELL SITE. A tract or parcel of land that contains personal wireless telecommunications facilities including any antenna, an antenna support structure, accessory building(s), and off-street parking, and may include other uses associated with and ancillary to personal wireless services, excluding a single family residence.
CELLAR. A level of a building having more than one-half of its height below grade. A cellar is not a story.
CEMETERY. A burial ground including structures such as mausoleums, columbariums, incidental management offices, and maintenance facilities.
CLINIC, MEDICAL OR DENTAL. An organization of specializing physicians or dentists, or both, who have their offices in a common building. A clinic shall not include inpatients care.
CLUB or LODGE, PRIVATE (NOT FOR PROFIT). A not-for-profit association of persons, who are bona fide members paying 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 or lodge are conducted by a board of directors, executive committee or similar body chosen by the members. 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 of the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable federal, state and local laws.
CODE or MUNICIPAL CODE. The New Millennium Code of the Village of Schiller Park, as same may be amended from time to time.
COIN STORE. A business establishment whose principal activity is the sale or trade of differing types and denominations of coin and other forms of money.
COMMERCIAL WIRELESS TELE-COMMUNICATION SERVICES. Licensed commercial wireless telecommunication services including cellular, personal communication services, specialized mobilized radio, enhanced specialized mobilized radio, paging, and similar services that are marketed to the general public.
COMMISSION or ZONING, PLANNING AND APPEALS COMMISSION. The Zoning, Planning, and Appeals Commission of the Village of Schiller Park.
COMMON OPEN SPACE. The open space of a parcel of land which is open to the sky and unobstructed except for natural features and permitted accessory uses and structures, and which open space is accessible and usable by all persons who occupy a principal use on that parcel.
COMMON OWNERSHIP OR CONTROL. With respect to planned unit developments, units of ownership or legal authority to act on behalf of all owners which shall be evidenced by deed, contract, or other written guarantee.
COMPREHENSIVE AMENDMENT. Any amendment of Chapter 155 (Zoning) of the Municipal Code, which includes an amendment of either or both the text of said chapter and the official zoning map contained therein.
COMPREHENSIVE PLAN or COMPREHENSIVE MASTER PLAN or MASTER PLAN. The Official Schiller Park Comprehensive Master Plan of 1997, as same may be amended from time to time.
CONDITIONAL USE or SPECIAL USE. An allowable use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in any given zoning district but which may be allowed upon the granting of a permit therefor by the President and Board of Trustees upon a finding that such use meets certain specified standards of this Chapter and 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.
CONDOMINIUM APARTMENT. A form of cooperative ownership which permits individual ownership of a specific part of a building, with common ownership of all spaces beyond the specific apartments. Each apartment can be owned in fee simple, with no restrictions on the sale, rental or transfer of same, other than restrictions on all real estate. Condominiums must meet requirements of the Illinois Condominium Statutes.
CONSUMER. A person who uses goods or services to satisfy his own needs rather than to resell them or produce other goods with them.
CONTIGUOUS OWNERSHIP. Ownership of any parcel or other tract of land by any person who simultaneously holds ownership to any adjacent parcel or tract of land.
CORPORATION COUNSEL. The attorney for the Village appointed to the official position as such.
CUL-DE-SAC. A vehicular turnaround located at the termination of a dead-end street.
CURB LEVEL. The level of the established curb in front of a building measured at the center of such front. (Where no curb elevation has been established, the pavement elevation at the street center line similarly measured, or the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the CURB LEVEL.)
DAY-CARE CENTER. An institution or place in which are received three or more children, not of common parentage, apart from their parents or guardian, for part or all of a day but not later than 9:00 p.m. The term DAY CARE CENTER includes but is not limited to the following: Nursery schools, child-care centers, day nurseries, kindergartens and play groups, but does not include bona fide kindergartens or nursery schools operated by public or private elementary or secondary school systems.
DECK. A structure, commonly constructed of wood, which is open to the sky (as opposed to a "Porch") and which provides a platform that is raised more than six inches above the underlying ground.
DECLARATION. A private or public written agreement or declaration of covenants, conditions and restrictions and easements relating to the use of, restriction of, interest in, or right to, real property and recorded with the Cook County Recorder of Deeds against the title to such real property.
DENSITY. The number of dwelling units per unit of land measure.
DEVELOPMENT PLAN. A preliminary or final plan which meets the requirements of this Schiller Park Zoning Ordinance for the construction of a planned unit development.
DIRECTOR or DIRECTOR OF COMMUNITY DEVELOPMENT or SECRETARY. The Director of Community Development of the Village of Schiller Park.
DISTRICT or ZONING DISTRICT. A portion of the corporate area of the Village within which certain uniform regulations and requirements, or various combinations thereof governing the use, area, bulk, density of property and setbacks of structures apply under the provisions of this chapter.
DRIVE-IN AND/OR TAKE-OUT ESTABLISH MENT. A place of business being operated for the sale and purchase at retail of food and other goods, services or entertainment, which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles, or which allows the consumption of any food or beverage in automobiles on the premises or elsewhere on the premises but outside any completely enclosed structure. If, in addition to the consumption of food or beverages in automobiles or elsewhere on the premises of any completely enclosed structure, an establishment also allows for the consumption of such products within a completely enclosed structure, it shall be considered a drive-in and/or take-out establishment. The term DRIVE-IN AND/OR TAKE-OUT ESTABLISHMENT shall include, but is not limited to, drive-in restaurants, diners, grills, luncheonettes, sandwich stands, snack shops, soda fountains or short-order cafes; drive-in banks and drive-in theaters.
DRIVEWAY. A private access way that provides direct access from a street to not more than one lot or principal building or use, except as may otherwise be provided by this Code.
DWELLING or DWELLING UNIT. One or more rooms in a building, not in a house trailer or mobile home, which are arranged, designed, used or intended for use exclusively for residential occupancy, and which includes at least one permanently installed bathroom with tub or shower and toilet facilities and no more than one kitchen.
DWELLING, ATTACHED. A dwelling which is joined to another dwelling by any means.
DWELLING, ONE-FAMILY DETACHED or SINGLE-FAMILY RESIDENCE. A building designed to contain one dwelling unit which is entirely surrounded by open area on the same lot and is not connected directly or indirectly to any other dwelling unit by roof, walls, porches or any other means.
EFFICIENCY UNIT. A dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, providing such dining alcove does not exceed 125 square feet in area.
ESTABLISHED BUILDING SETBACK. The average building setback of all improved lots on one side of a block.
ESTABLISHMENT, BUSINESS. A place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business on the same zoning lot.
EXTENDED CARE FACILITIES. Those facilities designed to accommodate inpatients in need of lengthy recuperative periods; requires 24-hour nursing attention; periodic administering of medication; and periodic physical therapy for patients.
FAA. The Federal Aviation Administration of the United States of America.
FAMILY. Two or more persons related by blood, marriage or adoption, including foster children, 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, or no more than two individuals not necessarily related to each other by blood, and their dependents, together with domestic servants, living as a single, not-for-profit housekeeping unit occupying a dwelling unit, or as otherwise defined by the Federal Fair Housing Act as may be amended from time to time.
FCC. The Federal Communications Commission of the United States of America.
FENCE. A structure which is a barrier and which is used as a means of protection or confinement, providing privacy, security, weather control, aesthetic appearance, and/or boundary definitions for land and land uses, and made of manufactured material such as but not limited to steel, aluminum, wood, and/or masonry, but not including barbed wire; and includes:
(1) SOLID FENCE. A fence, including gates, thick or dense in appearance or texture over its entire vertical and horizontal height and length, having no open breaks or divisions and which conceals from view from adjoining properties activities conducted behind such fence.
(2) OPEN FENCE. A fence, including gates, fifty percent (50%) of the area of each one square foot segment extending over the entire length and height of which fence consists of open air spaces which afford a direct view through the fence; which fence is constructed of posts carrying boards, rails, or pickets, or is constructed of iron consisting of vertical or horizontal bars or other open work.
FINDINGS OF FACTS. A determination of facts based on the evidence presented during a public hearing and prepared by a hearing officer or body in support of its decision.
FLOOD BASE ELEVATION. That elevation of the highest flood of record, determined by the Village Engineer's record of the elevations of the highest flood at locations as indicated on the floodplain map of the Village on file in the office of the Village Clerk. Flood base elevations at intermediate locations shall be interpolated along the watercourse between the two nearest flood base elevations, one each upstream and downstream. The controlling flood base elevation for any building site shall be the same as the flood base elevation at the nearest point of the watercourse.
FLOODPLAIN. That area of land adjoining a watercourse or other body of water which has been or may be hereafter covered by floodwater.
FLOODPROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, intended primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in a flood hazard area.
FLOODWAY. The channel of the stream or body of water and those portions of the adjoining floodplains designated by the Village as necessary to carry and discharge the floodwater flow of any such river, stream or other body of water.
FLOOR AREA (FOR DETERMINING OFF- STREET PARKING AND LOADING REQUIREMENTS). The sum of the gross horizontal area of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks or closets, and any floor area devoted to retailing activities, to the production or processing of goods or to business or to professional offices; however, FLOOR AREA for the purposes of measurement for off-street parking spaces shall not include: Floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; or mechanical storage floor area other than area devoted to retailing activities, to the production or processing of goods or to business or professional offices.
FLOOR AREA (FOR DETERMINING FLOOR AREA RATIO). The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The area "floor area" of a building shall include basement floor area, elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed located on the roof), penthouses, attic space having headroom of seven feet ten inches or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses; however, any space devoted to off-street parking or loading shall not be included in floor area. The "floor area" of structures devoted to bulk storage of materials, including, but not limited to, grain elevators and petroleum storage tanks shall be determined on the basis of height in feet, i.e., ten feet in height shall equal one floor.
FLOOR AREA RATIO or F.A.R. The floor area of the building or buildings on a zoning lot divided by the area of such zoning lot. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.
FOOTPRINT. The specific area depicted upon a building site plan which demonstrates the exact perimeter boundaries of structures, existing or proposed.
FRONTAGE. All the real property fronting on one side of a street between the nearest streets intersecting such street or, if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
FRONT LOT LINE. With respect to any lot other than a lot-in-depth, the boundary line thereof coextensive with the right-of-way line of any adjacent dedicated public street or, where no public street exists, is along a public way. The owner of a corner lot may select either street lot line as the front lot line.
GARAGE. A building designed to shelter motor vehicles, including:
(1) PRIVATE GARAGE. Being a garage owned by a person for sheltering motor vehicles owned by such person; and
(2) PUBLIC GARAGE. A garage used in the business of sheltering motor vehicles owned by persons other than the garage owner.
(3) STORAGE GARAGE. Any building used for the storage only of motor vehicles pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold. No commercial motor vehicle exceeding two tons in capacity shall be stored in any storage garage.
GRADE. The average elevation of the ground surface of a lot, in its natural state, measured at the location of the proposed corners of the proposed or existing structure.
GROUND FLOOR AREA. The lot area covered by a principal building measured at grade from the exterior walls but excluding open porches or terraces, garages or carports.
GROUP HOME, TYPE 1 shall mean a structure or building constructed as a single-family residence (detached or otherwise) and used to provide accommodations on a relatively permanent basis for up to five (5) unrelated persons, consisting of individuals who are undergoing treatment or rehabilitation for disabilities, and their live-in staff. Visiting staff who do not reside within the group home shall not be counted for purposes of determining the number of residents. Services provided within a Type
1 Group Home shall be restricted to the residents of the facility. A Type 1 Group Home does not include dormitory uses or accommodations provided for individuals who are students of a college, university, monastery or other educational/institutional use. It does not include residences that serve as an alternative to incarceration for persons convicted of criminal offenses, or residences for persons whose primary reason for placement therein is the treatment of a communicable disease.
GROUP HOME, TYPE 2 shall mean a structure or facility for more than five (5) unrelated persons including live-in staff, and which contains common cooking facilities and common living and eating areas. A Type 2 Group Home may include, but is not limited to, convents, residences for developmentally disabled persons, residences for individuals who are undergoing treatment or rehabilitation for disabilities, orphanages and monasteries. It does not include residences that serve as an alternative to incarceration for persons convicted of criminal offenses, or residences for persons whose primary reason for placement therein is the treatment of a communicable disease.
GUEST. A person receiving the hospitality of the owner of the dwelling within which the person, who may be related to or an acquaintance of the owner, is lodging without payment of rent or other consideration.
GUEST, PERMANENT. A person who occupies or has the right to occupy a hotel or motel accommodation as his domicile and place of permanent residence.
GUN SHOPS. Any building or portion thereof used for the business of purchasing, selling or trading any firearm or ammunition at wholesale or retail.
HEAVY EQUIPMENT CONTRACTOR. Any contractor that utilizes any of the following types of construction equipment: excavators, backhoes, dragline excavators, bulldozers, graders, wheel tractor scrapers, trenchers, loaders, tower cranes, pavers, compactors, telehandlers, feller bunchers, dump trucks, pile boring machines, pile driving machines, or any piece of equipment weighing more than two tons.
HEIGHT, MAXIMUM or MAXIMUM BUILDING HEIGHT.
(1) In feet, the vertical distance from existing grade to the highest point of the roof or parapet, which ever is greater, of a building; provided that antenna towers with a maximum height of 40 feet and antenna tower structures (including mast and antenna) having an overall height of not more than 50 feet, penthouses, steeples, required chimneys and other structures shall not be counted in measuring the height of buildings; and
(2) In stories, the number of stories in a building, excluding basements and cellars.
HOME OCCUPATION. A gainful occupation or profession, which is customarily carried on by an occupant of a dwelling unit outside of his or her dwelling, but is actually being carried out within his or her dwelling and is clearly incidental to the use of the dwelling for residential purposes.
Any home occupation or home business is subject to the appropriate standards of this chapter as listed in § 155.305.
HOSPITAL or SANITARIUM. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week of three or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions.
HOTEL. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests.
ILLEGAL BUILDING OR STRUCTURE. A building or structure constructed without a building permit authorized to be issued in accord with the Municipal Code of the Village of Schiller Park and/or a building or structure for which a building permit has been issued in accord with the said Municipal Code of the Village of Schiller Park but which became non-conforming and thereafter failed to be eliminated in accord with the regulations contained in this Chapter.
ILLEGAL USE. A use of land and/or a building or structure which was never authorized by this Chapter or which became nonconforming and thereafter failed to be eliminated in accord with the regulations contained in this Chapter.
INOPERABLE VEHICLE. Any motor vehicle, semi-trailer, trailer, or truck from which the engine, wheels, license plate or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise impacted so that the vehicle is incapable of being legally driven or carried or of being driven or carried under its own motor power. INOPERABLE VEHICLE shall not include: motor vehicles kept within a building when not in use; or motor vehicles holding junking certificates located on the premises of a place of business engaged in wrecking or junking of motor vehicles.
JUNK or SALVAGE RECYCLING YARD. An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A JUNK OR SALVAGE YARD includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.
KENNEL. Any premises, or portion thereof, on which four or more dogs, cats or other household domestic animals over four months of age are kept, or on which more than two such animals are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.
LABORATORY. A place devoted to experimental study such as testing and analysis. Manufacturing, assembly or packaging of products is not included within this definition.
LEGAL DESCRIPTION. The description of real property established by law and created in specific cases from real property surveys drawn by licensed land surveyors.
LEGAL NON-CONFORMING. A use or structure which does not comply in some respect with the currently effective regulations in this Chapter but which was lawfully established and did so comply in all respects when established and with respect to which the amortization period either has not expired or for which there is no amortization period.
LIGHT DUTY CONTRACTOR. Any contractor that is not a heavy equipment contractor. Light duty contractors may utilize equipment weighing up to two tons.
LIMITED-ACCESS HIGHWAY. A traffic way, including toll roads for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such traffic way.
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 purposes of this Chapter.
LOT or ZONING LOT. A parcel of land which is either a lot of record or which contains sufficient area to meet all of the bulk regulations of the zoning district within which it is located.
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.
LOT COVERAGE. That part or percent of any lot occupied by buildings, structures, and/or other impervious surfaces, including but not limited to sidewalks, driveways, accessory buildings or other structures.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.
LOT FOR PURPOSE OF PLANNED UNIT DEVELOPMENT. A portion of platted land measured, set apart, and subdivided as a distinct parcel, to be used in accordance with this Chapter, with such required open space and with its principal frontage upon a street or public place and created and delineated upon a plat of subdivision or resubdivision approved by the President and Board of Trustees and so recorded by the Cook County Recorder of Deeds.
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-IN-DEPTH or FLAG LOT. A lot of record, most of which is located adjacent to and behind another lot of record and which derives its only access to a public street by a stem.
LOT, INTERIOR. A lot other than a corner or reversed corner lot.
LOT LINE. A property boundary line on the perimeter of any lot of record, distinguishing that lot from adjacent land.
LOT LINE, ZONING. A property boundary line on the perimeter of any zoning lot of record, distinguishing that zoning lot from adjacent zoning lots.
LOT OF RECORD. A portion of platted land measured, set apart, and subdivided as a distinct parcel having its principal frontage upon a street and created and delineated upon a plat of subdivision or resubdivision and so recorded by the Recorder of Deeds of Cook County, Illinois:
(1) Which, although not meeting all of the bulk regulations of the zoning district within which it is located, has never been in contiguous ownership after May 1, 1993; or
(2) Which meets all of the bulk regulations of the zoning district within which it is located.
LOT, REVERSED CORNER. A corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, THROUGH. A lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
LOT WIDTH. The horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first 30 feet of lot depth immediately in back of the front yard setback line.
LOT, DOUBLE FRONTAGE (THROUGH LOT). A lot having frontage on two 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, MAXIMUM COVERAGE. The maximum area of a lot which may be covered by the principal structure.
MARQUEE. A roof-like structure of a permanent nature which projects from the wall of a building and overhangs the public way.
MASONRY. A form of construction composed of monolithic concrete or stone, kiln fired clay brick, concrete, hollow clay tile, concrete blocks or other similar solid or hollow incombustible building units of materials, or a combination of these materials that are approved by the Building Official and laid up unit by unit and set in an approved mortar. All masonry materials shall be a minimum of 3" in thickness.
MASSAGE. The performance of manipulative exercises upon the human body of another by rubbing, kneading, stroking or tapping with the hand or hands, or with any mechanical or bathing device with or without supplementary aids.
MASSAGE PARLOR. Any place or establishment where a massage is made available.
MASSAGE SCHOOL. Any place or establishment or facility which provides instructions in the theory, method, and practice of massage.
MASSAGE SERVICES. The providing of a massage or massages by any person, firm, association or corporation.
MASTER SITE PLAN. Derived from a tax increment financing district redevelopment plan, a document which describes the specific future development or redevelopment of a campus, using graphics to depict land use and the locations of building envelopes as well as text that is explanatory thereof.
MEZZANINE. An intermediate story between the floor and ceiling of a main story and extending over no more than one-third of the floor area of either the floor directly above or below.
MOBILE HOME. A dwelling unit designed to be transported on streets and highways to the place where it is to be occupied as a dwelling unit complete and ready for year-round and permanent occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to the Village water and sewer system and similar operations.
MOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot 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.
MOTION PICTURE. A sequence of photographs or drawings on photographic film or video tape projected on a screen in such rapid succession that they create the optical illusion (because of the persistence of vision) of moving persons and objects.
MOTOR VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power and devices used exclusively upon stationary rails or tracks, and snowmobiles as defined in the Illinois Vehicle Code. For the purposes of this Chapter, unless otherwise prescribed, a device shall be considered to be a vehicle until such time as it either comes within the definition of a "junk vehicle" under the Illinois Vehicle Code, or a junking certificate is issued for it. For the purposes of the Illinois Vehicle Code and this Code, vehicles are classified into two divisions:
(1) FIRST DIVISION. Those vehicles which are designed for carrying of not more than ten persons; and
(2) SECOND DIVISION. Those vehicles which are designed for carrying more than ten persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight or cargo, those vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division, and those motor vehicles of the First Division used and registered as school buses.
MOTOR VEHICLE REPAIR. Incidental repair and/or replacement of parts and motor services to motor vehicles, including motor vehicle detailing, engine rebuilding or major reconditioning of worn or damaged motor vehicles including but not limited to semi-trucks and trailers; collision service, [including body, frame or fender straightening or repair], and painting of motor vehicles.
MOTOR VEHICLE WASHING FACILITY/ AUTOMOBILE WASHING FACILITY. A use, housed in a building, comprising the washing of automobiles and/or other motor vehicles, which may utilize such mechanical devices as a vehicle conveyor, hot air blowers, steam cleaners, and wax applicators.
MUSEUM. An establishment which preserves and displays artifacts of historical, artistic, literary, scientific, or cultural significance.
NON-CONFORMING STRUCTURE. Any building or other structure which existed lawfully at the time of its erection; and:
(1) All or substantially all of which is designed or intended for a use not permitted in the zoning district in which it is located; or
(2) Which does not comply with the most recent area, bulk, density, or setback regulations for the zoning district in which it is located; or
(3) Which is located on a lot which does not comply, or which is so located on a lot as not to comply, with the most recent yard requirements for the zoning district in which it is located.
NONCONFORMING USE. Any use of land or structures which existed lawfully at the time of the effective date of the zoning code, adopted July 28, 1977, or any subsequent amendment thereto, which does not comply with the most recent use regulations of the zoning district in which it is located.
OCCUPANCY CERTIFICATE. A certificate issued by the Building Official stating the occupancy and use of land or a building or structure referred to therein complies with the provisions of this Chapter and the other applicable ordinances of the Village.
OCCUPANCY CERTIFICATE (TEMPORARY). A certificate issued by the Building Official in certain circumstances or when weather conditions prevent improvements from being completed in conformity with approved plans and specifications. A temporary certificate may be issued to remain valid for a period of time not to exceed six (6) months from the date of issuance. The certificate shall state the use of land or a building or structure has satisfied all life safety concerns and partial occupancy of the premises has been awarded to conduct business operations and or inhabit the dwelling unit. All non-life safety construction or pending compliance items shall be completed prior to the expiration of the TEMPORARY OCCUPANCY CERTIFICATE.
OFF-STREET LOADING and UNLOADING SPACE or BERTH, OFF-STREET. An open, paved (asphalt, concrete, or permeable paver) area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers.
OFF-STREET PARKING. Paved (asphalt, concrete, or permeable paver) parking spaces located in an area other than a street or public right-of-way.
OPEN SALES LOT. A lot or parcel of land used or occupied for the purpose of buying, selling or trading of all goods and commodities and including the storage of same prior to sale or exchange.
OPEN SPACE. Land which is open to the sky and unobstructed except for driveways no greater than 20 feet in width and walkways each traversing front yards or rear yards in a manner generally perpendicular to an adjacent public right-of-way and appurtenances to the foregoing, natural features, permitted fencing, and public or private utilities.
OPEN SPACE, COMMON. Part of a parcel which is open and unobstructed, including natural features and permitted accessory uses and structures, and which is accessible and usable by all persons who occupy a principal use on that parcel.
OPEN SPACE, USABLE. Open space which has slopes of less than ten percent (10%), has all dimensions equal to a minimum of 20 feet, is located not less than 20 feet from residential wall containing a window, and is easily accessible by all residents occupying the same parcel or related parcels.
OWNER. The holder of legal title as well as holders of any equitable interest, such as trust beneficiaries. Whenever a statement of ownership and/or an application is required by this chapter, full disclosure of all legal and equitable interest in the property is required.
PARCEL IDENTIFICATION NUMBER (PIN). Permanent index number used to identify properties for tax assessment and other purposes.
PARKING AREA, PRIVATE. An open, paved-surfaced (black-top or concrete) 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.
PARKING AREA, PUBLIC. An open, paved-surfaced (black-top or concrete) 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.
PARKING DECK. Any structure containing automobile parking spaces, any portion of which is above grade, which structure is neither totally enveloped by nor directly below another structure.
PARKING SPACE, AUTOMOBILE. A paved and imperviously surfaced area within a public or private parking area of not less than 180 square feet (9' x 20'), exclusive of access drives or aisles, ramps, columns, or office and work areas, for the temporary storage of one passenger automobile or commercial vehicle under one and one-half ton capacity; for parallel parking, the length of the parking space shall be increased to 24 feet.
PERMITTED USE. An allowable use permitted without hearing in any given zoning district as set forth in this chapter.
PERSON. Any individual, copartnership, firm, association, joint stock company, corporation, or any combination of individuals of whatever form or character.
PERSONAL WIRELESS SERVICE and PERSONAL WIRELESS TELECOMMUNICATIONS FACILITY. As used in this chapter, have the same definition as that contained in Title 47, United States Code, Section 332(c)(7)(c) and may include commercial wireless telecommunication services.
PLANNED UNIT DEVELOPMENT. A tract of land under common ownership or control to be developed in accord with the procedures established in this chapter as a single entity for a number of structures; the plan for which does not necessarily correspond in lot size, bulk, type of use, lot coverage, or required open space to the regulations established in the zoning district in which such land is located.
PORCH. A roofed-over platform that is raised more than six inches above the underlying ground, which projects out from the wall or walls of a main structure and which may be open to the weather in part.
PRECIOUS METAL DEALERS. Any business that purchases articles made of or containing gold, silver, platinum or other precious metals or jewels of any description if, in any manner, including any form of advertisement or solicitation of customers, the business holds itself out to the public as willing to purchase such articles.
PREDATORY LENDING. The unstable loaning of money which exploits vulnerable and unsophisticated borrowers: (i) by charging higher interest and/or fees than is actually required to cover the added risk of loaning money to persons with credit imperfections; or (ii) using loan documents that contain abusive terms and conditions to trap borrowers and lead them to increased indebtedness; or (iii) by ignoring the borrowers inability to repay the loan; or (iv) by targeting women, minorities and/or persons of color in violation of fair lending laws and regulations.
PRELIMINARY DEVELOPMENT PLAN. The initial master plan for a planned unit development containing the documents and information required in this section, including but not limited to: the site plan, the preliminary plat of subdivision for the real property upon which the planned unit is sought to be permitted and tree preservation and preliminary engineering plans.
PRESIDENT AND BOARD OF TRUSTEES or VILLAGE BOARD or BOARD OF TRUSTEES. The President and Board of Trustees of the Village of Schiller Park.
PRINCIPAL FRONTAGE. The frontage of a lot. In the case of a lot-in-depth, PRINCIPAL FRONTAGE shall be the boundary of the Stem parallel and adjacent to a street.
PRINCIPAL STRUCTURE. The main or primary structure on a parcel of land, as distinguished from an accessory structure such as a barn, garage, guest house, horse stable, or shed.
PRINCIPAL USE. The main or primary function on a parcel of land, as distinguished from an accessory, ancillary or secondary use.
PROPERTY LINES. The lines bounding a zoning lot, as defined herein.
PUBLIC HEARING. A meeting conducted pursuant to public notice concerning specific subjects, during which petitioners and members of the general public may give testimony, evidence, or opinions relevant to the subject matter of such hearing.
PUBLIC IMPROVEMENTS. Those improvements which shall be dedicated for use by the general public and/or the ownership of which shall be dedicated or conveyed to the Village.
PUBLIC WAY. Any sidewalk, street, alley, highway or other public thoroughfare.
REAR LOT LINE. That boundary of a lot which is most distant from, and is, or is most nearly, parallel to, the front lot line.
REPAIR, REMODELING OR MAINTENANCE. Activities which do not result in any increases in the outside dimensions of a building or any changes to the dimensions of a structure.
REPORT. A final order or report of decision rendered and/or recommendation made by the Zoning, Planning and Appeals Commission in a particular case which affects the legal rights, duties or privileges of persons and which terminates the proceedings in the case before the Zoning, Planning and Appeals Commission.
RESALE. The act of selling something second-hand.
RESIDENTIAL STRUCTURE. A building, not including house trailers or mobile homes, designed or
used for residential occupancy, including any single- family residence, and any multiple-family residence structure, but not including hotels, and motels.
RESTAURANT. A business establishment where food is offered for compensation, for consumption within a structure on the premises, including a café, cafeteria, coffee shop, dining room, lunchroom or tearoom, and may include the serving of alcoholic beverages when served in accordance with law.
RESTAURANT, DRIVE-IN or RESTAURANT, DRIVE-THROUGH. A fast-food or carry-out restaurant, where food may be ordered from within a motor vehicle, or which caters to and permits the consumption of food either in a designated area on the premises or in customers' automobiles parked on the premises.
RESTAURANT, FAST-FOOD or CARRY-OUT. A restaurant where a principal part of the business is providing food in disposable wrappers or containers for consumption either within the building or off of the premises.
RIGHT-OF-WAY. A strip of land designated for use for vehicular or pedestrian access or passage or for installation of railroad tracks, utility lines, streets or similar facilities.
RUMMAGE SHOP. A place for the conduct of sales of contributed or unclaimed miscellaneous used goods, whether for profit or to raise money for charitable purposes.
SCHOOL. A parochial, other private or public institution which offers instruction in a general educational curriculum which is required to be accredited under the Illinois School Code or approved by the Illinois Department of Mental Health, including a school for mentally retarded, kindergarten, elementary, and junior and senior high schools, but excluding private nursery or pre-kindergarten, trade, business or commercial schools.
SCHOOL, NURSERY. A private school or other instructional facility for preschool children that is not required to be accredited under the Illinois School Code but may be required to be approved by the Illinois Department of Mental Health or the Illinois Department of Public Health.
SCREENING. A structure erected or vegetation planted to conceal an area from view.
SECRETARY OF THE ZONING BOARD OF APPEALS or SECRETARY. See DIRECTOR.
SELF-SERVICE STORAGE FACILITY. Any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. A SELF-SERVICE STORAGE FACILITY, as defined in this Section, is not a warehouse for the purpose of Article 7 of the Uniform Commercial Code. In the event an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the provisions of the Uniform Commercial Code do not apply.
SETBACK. The minimal horizontal distance between the street line and the nearest wall of a building or side of a structure facing such street line, or edge of the area of operation of a principal use when no building or structure is involved.
SEXUAL OR GENITAL AREA. Sexual or genital area of any person shall include the genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of a female.
SHOWROOM. A permanent room or building to be used exclusively for the year-round display of goods and merchandise that is open to the public, and which shall include related sales offices and restroom facilities.
SIDE LOT LINE. Any boundary of a lot which is not a front line or a rear lot line.
SITE PLAN. An integral part of the development plan for a planned unit development, depicting the footprint of all buildings or building envelopes as well as the location and configuration of all other impermeable surfaces, open spaces and stormwater management facilities.
SPECIAL USE PERMIT. The permit issued by ordinance in connection with approval of any given conditional use in accordance with this chapter.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) Less than completely and opaquely covered: (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) Human genitals in a state of sexual stimulation or arousal; or
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
STATIONERY STORE. An establishment which is not an adult book store and which deals in books and other printed material.
STEM. The extended portion of a lot-in-depth which provides access to a public street and which is considered the principal frontage of the lot-in-depth. No portion of a stem shall be considered a yard.
STORMWATER MANAGEMENT REG- ULATIONS. A set of regulations of the Village to control stormwater runoff with the objectives of providing controlled surface drainage, flood control and pollutant reduction in runoff.
STORY. That portion of a building comprising at least eight vertical feet between the surface of any floor and the surface of the floor above it or, if there is no floor above, then between the surface of any such floor (having an area equal to or exceeding seventy-five percent (75%) of the ground floor area of such building) and the ceiling or rafters next above it.
STREET. The entire width between boundary lines of property dedicated or intended for public or private right-of-way purposes, other than an alley, which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to buildings.
STREET LINE. A line separating a street right-of-way from other land, which line may be coextensive with front lot lines.
STREET, PRIVATE. Any street other than a public street and other than a driveway.
STREET, PUBLIC. A street that has been dedicated to and accepted by, under the jurisdiction of, or otherwise acquired by, a government agency.
STRUCTURAL ALTERATION. See ALTERATION, STRUCTURAL.
STRUCTURE. Unless otherwise specified in this chapter, anything constructed or erected or any production or piece of work, manmade and artificially built up or composed of parts joined together in some definite manner, the use of which requires permanent or temporary location in or upon the land or requires attachment to something having a permanent location above, on, or below the ground, including but not limited to: Advertising signs, air conditioning compressor units, backstops for tennis courts, billboards, buildings, building foundations (including foundations constructed for the installation of manufactured homes), signs, fences, gospel and circus tents, platforms, radio and television antennae (including supporting towers), reviewing stands, stadia, and swimming pools. The term also includes a gas or liquid storage tank, a manufactured home, mobile home or a prefabricated building, and recreational vehicles and travel trailers to be installed on a site for more than 180 days, unless they are fully licensed and ready for highway use.
STRUCTURE, TEMPORARY. A movable structure without any foundation or footings not designed for human occupancy. A sign, billboard or other advertising device detached or projecting shall be construed to be a temporary structure.
SUB-PRIME LENDING. The business practice of loaning money to a borrower with less than perfect credit and compensating for the added risk associated therewith by charging higher interest rates for such loans which may be classified "B", "C" or "D", the latter of which are made to borrowers with the worst credit histories that include bankruptcy.
SWIMMING POOL. Any temporary or permanent artificial pool or receptacle for water, including apparatus and equipment appurtenant thereto, installed, constructed or maintained in, on, or above ground (not including those enclosed and located entirely within a building), having a perimeter of more than 25 feet and a depth of more than two feet at any point.
(1) SWIMMING POOL, PRIVATE. A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained by an individual for the sole use of his household and guests, without charge for admission, and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.
(2) SWIMMING POOL, PUBLIC. A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a municipality or other unit of government for the general public whether or not an admission fee is charged.
TANNING FACILITY. A room or a booth [or not exceeding two rooms or booths] accessory to a beauty parlor and/or barber shop that houses ultraviolet lamps or products containing lamps intended for the irradiation of any part of the living human body for cosmetic or nonmedical related purposes but does not include any hotel or motel guest rooms where sunlamps are installed in the restroom area.
TANNING SALON. A building that contains no barber shop or beauty parlor but does contain a room or a booth or group of rooms or booths [which may exceed two rooms or booths] that houses ultraviolet lamps or products containing lamps intended for the irradiation of any part of the living human body for cosmetic or nonmedical related purposes but does not include any hotel or motel guest rooms where sunlamps are installed in the restroom area.
TAVERN or LOUNGE. A building, or portion thereof, where liquors are sold to be consumed on the premises but not including restaurants where the principal business is serving food.
TENT. Any portable structure, including sunscreens, with or without walls of canvas or other like material, covered with similar materials and supported by poles, stakes, and/or ropes.
THEATER. An establishment other than an Adult Motion Picture Theater or an Adult Mini Picture Theater used to observe films and other visual material.
THOROUGHFARE. A street with a high velocity of traffic which serves as an arterial traffic way between and within the various neighborhoods of the Village and areas beyond, except freeways or other limited-access routes not containing frontage roads.
TOW OPERATOR. A person or firm engaged in the business of, or offering the services of, vehicle towing whereby motor vehicles, whether operable or inoperable, are or may be towed or otherwise moved from one place to another by use of a tow truck.
TOW TRUCK. A motor vehicle which has been altered or designed and equipped for use in the business of towing, draying, or transporting vehicles by means of crane, modified bed, tow bar, tow line/chain or dolly, is otherwise exclusively used to render assistance to other operable or inoperable vehicles. The term shall include but not be limited to, “wrecker.”
TOWER, INCLUDING SELF-SUPPORTING LATTICE TOWERS, GUY TOWERS, OR MONOPOLE TOWERS. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas. The term encompasses personal wireless service facilities, radio transmission towers, microwave towers, common- carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like.
TOWNHOUSE. A multiple-family dwelling which is one or two stories in height, usually with the living room, dining room and kitchen on the ground floor, with sleeping rooms on the second floor. Townhouses provide flexibility by allowing several single-entry, single-family dwelling units to be constructed in one structure around a street or court. This type of construction provides low-lot coverage with open space and landscaping.
TRAILER. Any vehicle which is either inoperable and nonmotorized, and therefore must be propelled by other means than itself on a road, or is a recreational vehicle.
TRUCK PARKING AREA. Any land used or intended to be used for the accessory storage of trucks, tractors and which exceed one and one-half tons in capacity, while not loading or unloading. All truck parking must be tied to the principal use.
TRUCK STOP. A facility or premises primarily used for retail sales of fuels and oil for commercial vehicles, semitrucks, or other Motor Vehicles, Second Division as that term is defined herein, which may also include as accessory activities restaurants, shower facilities, truck washes, convenience retail stores, and/or the retail sale of tires, batteries, and similar truck parts, but not overnight parking. Notwithstanding any of the other provisions of this definition, the term "Truck Stop" shall also include any establishment claiming to be a "licensed truck stop establishment" pursuant to the current Illinois Video Gaming Act (230 ILCS 40/5), or as may be subsequently amended.
USE. The purpose for which land or a structure is designed, arranged, or intended and for which it is occupied or maintained, let, or leased.
USE, PRINCIPAL. Whether a permitted use or a conditional use, the main use of land or buildings as distinguished from a subordinate or accessory use.
USE OF PROPERTY. The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
USED CAR LOT. A zoning lot on which used cars, trailers or trucks are displayed for sale or trade.
USED OR SECOND-HAND. Goods previously owned by another consumer.
VARIATION or VARIANCE. An authorization for the construction or maintenance of a building or structure following a public hearing and finding that such building or structure, which is otherwise prohibited by this chapter, meets certain specified standards.
VIDEO. A videotape or video disc copy of a motion picture film.
VIDEO STORE. An establishment which is not an adult video store and which deals in videos and/or other motion pictures.
VILLAGE. The Village of Schiller Park, an Illinois municipal corporation and home rule unit.
VILLAGE CLERK. The Village Clerk of the Village of Schiller Park.
VILLAGE PRESIDENT or MAYOR. The Village President of the Village of Schiller Park.
WAREHOUSE & DISTRIBUTION FACILITY. A building which includes office space and is manned during regular hours of operation used principally for the receipt, sorting, assembling, temporary stationing and active distribution of goods, products and merchandise. The use includes operations as relating to e-commerce fulfillment and intrastate and interstate logistics.
WAREHOUSE I. Smaller and less intensive operations shall not necessitate more than 2 loading docks or 12,500 square feet in gross floor area. Truck Parking Areas are prohibited.
WHOLESALE ESTABLISHMENT. A business establishment engaged in selling to retailers or jobbers rather than consumers.
WIRELESS TELECOMMUNICATION SERVICE TOWER. Any ground-mounted pole, spire, structure or combination thereof including a mast, intended primarily for the purpose of mounting an antenna.
YARD. An open space on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this chapter, and may be found in the following:
(1) CORNER SIDE YARD. A side yard, not a front yard, which adjoins a public street and maintained, except for ingress and egress driveways and sidewalks traversing the same in a fashion perpendicular to the zoning lot line adjacent to the public street, as open space.
(2) FRONT YARD. Upon any lot other than a lot-in-depth, that yard adjacent to any front lot line maintained, except as otherwise set forth in this Code and except for ingress and egress driveways and sidewalks traversing the same in a fashion perpendicular to the front lot line with which it is adjacent, as open space. Front yards are measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. On a corner side yard, the front yard shall be the yard with the least frontage upon a street.
(3) INTERIOR SIDE YARD. A side yard which does not adjoin a public street but is located immediately adjacent to a side zoning lot line of another zoning lot or to an alley separating such side yard from another zoning lot.
(4) REAR YARD. Upon any lot other than a lot-in-depth, the yard adjacent to the rear lot line maintained, except for ingress and egress driveways and sidewalks traversing the same in a fashion perpendicular to the rear lot line it abuts, as open space, except as otherwise provided by this Code. Rear yards are measured by a line at right angles to the rear lot line, or by the radial line in the case of a curved rear lot line. However, with respect to a corner lot, the rear yard shall be that yard which lies parallel to the front yard.
(5) SIDE YARD. Upon any lot other than a lot-in-depth, that yard located adjacent to the side lot line and maintained, except for ingress and egress driveways and sidewalks, as open space. Side yards do not include any of the area of a front yard and/or a rear yard; and the depth of a side yard is measured by a line at right angles to the side lot line, or by the radial line in the case of curved side lot lines.
(6) TRANSITIONAL YARD. Any front yard, rear yard, and/or side yard located in a commercial or industrial zoning district but lying adjacent to a residential zoning district.
ZONING CERTIFICATE. A certificate issued by the Zoning Administrator certifying that the proposed use of any lot or parcel is in accordance with all of the regulations of this chapter.
ZONING CODE or ZONING ORDINANCE. Chapter 155 (Zoning) of the New Millennium Code of the Village of Schiller Park, as amended.
ZONING DISTRICTS. In order to classify, regulate, and restrict the locations of trades, industries, and buildings designed for specific uses, to regulate and limit the maximum height and bulk of buildings hereafter erected or structurally altered, to regulate and limit by the intensity of the use of the lot areas, and to regulate and determine the areas of yards, courts, and other open spaces, within the surroundings of such buildings, the Village is divided into the following districts as reflected on the zoning district map contained in Article XXIII and listed below in order of restriction, with the most restrictive being defined first:
(1) R-1 DISTRICT or R-1 SINGLE-FAMILY RESIDENCE DISTRICT. This zoning district provides for single-family residential and normal accessory uses in prime, sensitive areas where conservation of land with ample open space is desirable or needed. This district is not intended to allow commercial, industrial, or like uses in this district; however, certain facilities required to serve governmental, educational, religious, recreational, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect the residential and open space character of this district.
(2) R-2 DISTRICT or R-2 SINGLE-FAMILY RESIDENCE DISTRICT. This zoning district provides for single-family residential and normal accessory uses constructed upon relatively small lots. This district is not intended to allow commercial, industrial, or like uses in this district; however, certain facilities required to serve governmental, educational, religious, recreational, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect the residential character of this district.
(3) R-2/O DISTRICT or R-2 SINGLE-FAMILY RESIDENCE OVERLAY DISTRICT. This zoning district provides for single-family residential buildings to be constructed to a point 20 feet from the front lot line. The structures located within this overlay district are generally older in nature and brings these units into conformity with this Zoning Ordinance. This district is confined to those areas of the Village shown on the zoning map as "R-2 Overlay."
(4) R-3 DISTRICT or R-3 TWO-FAMILY RESIDENCE DISTRICT. This zoning district provides for low-to-moderate density residential single- family and two-family residential and normal accessory uses. This district is not intended to allow commercial, industrial, or like uses in this district; however, certain facilities required to serve governmental, educational, religious, recreational, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect the residential character of this district.
(5) R-4 DISTRICT or R-4 MULTIPLE-FAMILY RESIDENCE DISTRICT. This zoning district provides for moderate density residential and normal accessory uses. This district is not intended to allow commercial, industrial, or like uses in this district; however, certain facilities required to serve governmental, educational, religious, recreational, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect the residential character of this district.
(6) C-1 DISTRICT or C-1 NEIGHBORHOOD CONVENIENCE DISTRICT. This zoning district provides for groups of small business establishments located to serve frequent retail and personal service needs of residents within convenient traveling distance and for the option of moderate density multiple-family residential uses located above those establishments. This district is not intended to allow industrial uses or major commercial or service establishments which would attract substantial amounts of trade from outside the neighborhood where located.
(7) C-2 DISTRICT or C-2 COMMUNITY SHOPPING DISTRICT. This zoning district provides for retail and service establishments related primarily to the needs of the neighborhoods surrounding uses allowable in this district, allowing a wider range of uses for both daily and occasional shopping. This district is not intended to allow residential or industrial uses.
(8) C-3 DISTRICT or C-3 COMMERCIAL SERVICE DISTRICT. This zoning district provides for commercial uses in locations which abut or are adjacent to heavily traveled, multi-laned major roadways. The uses allowed may include facilities related to the traveler or highway user, as well as commercial activities which require large land areas and do not depend upon adjacent uses for reasons of comparison shopping and pedestrian trade. This district is not intended to allow residential or industrial uses.
(8a) C-3/O FLEX COMMERCIAL OVERLAY ZONING DISTRICT. This overlay to the underlying zoning districts provides additional uses, allowing for a wider range of commercial uses in the underlying districts.
(9) C-4 DISTRICT or C-4 HRO - HOTEL, RETAIL, OFFICE CAMPUS DISTRICT. The zoning district which provides for hotel, retail commercial and office uses requiring large acreage of land located in a tax increment financing development project area which abuts or is adjacent to heavily traveled, multi-laned major roadways. This district is not intended to allow residential or industrial uses.
(10) I-1 DISTRICT or I-1 INDUSTRIAL DISTRICT. This zoning provides for light manufacturing, processing, storage, wholesaling, and distribution operations; but also allows limited commercial uses. This district is not intended to allow residential or certain industrial uses.
(11) I-2 DISTRICT or I-2 GENERAL INDUSTRIAL DISTRICT. This zoning provides for manufacturing, processing, storage, wholesaling, and distribution operations; but also allows limited commercial uses. This district is not intended to allow residential or certain industrial uses.
ZONING LOT. A single tract of land located within a single block, which (at the time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control; therefore, a zoning lot or lots may or may not coincide with a lot of record.
ZONING MAP. The map incorporated herein as Article XXIII, designating zoning districts and their boundaries.
(Ord. 05-2539, passed 10-11-05; Am. Ord. 06- 2567, passed 4-25-06; Am. Ord. 08-2691, passed 9-23-08;Am. Ord. 12-2875, passed 1-24-12; Am. Ord. 14-2984, passed 11-6-14; Am. Ord. 15-3007, passed 6-4-15; Ord. 17-3087, passed 1-5-17; Am. Ord. 18-4056, passed 4-19-18; Am. Ord. 18-4071, passed 6-21-18; Am. Ord. 18-4081, passed 8-2-18; Am. Ord. 18-4089, passed 9-6-18; Am. Ord. 18-4094, passed 9-20-18; Am. Ord. 19-4132, passed 3-21-19; Am. Ord. 19-4134, passed 4-4-19; Am. Ord. 19-4162, passed 7-18-19; Am. Ord. 19-4167, passed 8-1-19; Am. Ord. 19-4176, passed 9-5-19; Am. Ord. 19-4191, passed 12-5-19; Am. Ord. 20-4227, passed 6-4-20; Am. Ord. 21-4251, passed 1-21-21; Am. Ord. 21-4272, passed 5-20-21; Am. Ord. 22-4306, passed 3-3-22; Am. Ord. 22-4315, passed 5-5-22)