Unless specifically defined below, words or phrases in this title shall be interpreted giving them the same meaning as they have in this code and in common usage and so as to give this title its most reasonable applications.
ACCESS DRIVE: An internal drive that provides access to out lots within a major development.
ACCESSORY BUILDING: A subordinate building, the use of which is incidental to that of the main building, and which is located on the same lot as the main building.
A. A building which:
1. Is subordinate to and serves a principal building or principal use; and
2. Is subordinate in area, extent or purpose to the principal building or principal use served; and
3. Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
4. Is located on the same zoning lot as the principal building or principal use served, with the single exception of any accessory off street parking facility permitted to locate elsewhere than on the same zoning lot with the building or use served.
B. An accessory building, structure or use includes, but is not limited to, the following:
1. A children's playhouse, garden house, or private greenhouse;
2. A garage, shed, or building for storage incidental to a permitted use;
3. Incinerators/boiler houses incidental to a permitted use;
4. Storage of goods used in or produced by manufacturing activities, on the same zoning lot with such activities, unless such storage is excluded by the district regulations;
5. The production, processing, cleaning, servicing, altering, testing, repair, or storage of merchandise normally incidental to a retail service or business use if conducted by the same ownership as the principal use;
6. Off street motor vehicle parking areas and loading facilities;
7. Carports;
8. A nonpaying guesthouse (without kitchen facilities) or rooms for guests within an "accessory building", providing such facilities are used for the occasional housing of guests of the occupants of the principal building and not for permanent occupancy by others.
9. Portable on demand storage (PODS) storage units including intermodal containers, shipping containers, tractor trailers, and enclosed trailers that are intended for transporting goods do not meet the criteria for an accessory building.
ACCESSORY USE: A use of land or a portion of the building customarily incidental to the actual principal use of the land or building and located on the same parcel of property with such principal use.
ADDITION: Any act or process which changes one or more of the exterior architectural features of a building or structure designated for preservation by adding to, joining with, or increasing the size or capacity of the structure.
ADULT USE: Adult use includes the following:
Adult Bookstore: An establishment having a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or any other coin operated means, and other periodicals which are distinguished or characterized by their emphases 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 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 review 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 Cabaret/Club: A public or private establishment which: a) features topless dancers, strippers, male or female impersonators; or b) not infrequently features entertainers who display specified anatomical areas; or c) features 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 Massage Parlor: An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered for the primary purpose of sexual stimulation or arousal, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
Adult Mini-Motion Picture Theater: An enclosed building with a capacity for fewer than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or "specified anatomical areas".
Adult Modeling Studio: An establishment where the primary business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
Adult Motion Picture Theater: An enclosed building with a capacity for fifty (50) or more persons used regularly and routinely for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
Adult Paraphernalia Store: Any retail store specializing in the sale of paraphernalia, devices, or equipment distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Adult Video Store: An establishment having a substantial portion of its stock in trade, films, videotapes, videodisks, or similar items whether for sale or rental, which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
ADULT-USE CANNABIS CRAFT GROWER: 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.
ADULT-USE CANNABIS CULTIVATION CENTER: 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.
ADULT-USE CANNABIS DISPENSING ORGANIZATION: 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 purchasers 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.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: 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.
ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: 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.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: 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.
ALLEY: A public way that affords only a secondary means of access to abutting property.
ALTERATION: Any act or process which changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction or removal of any structure.
ANIMAL GROOMING SERVICE: An establishment or place where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged.
ANIMAL HOSPITAL: A facility where animals are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel is limited to short time boarding and is only incidental to such hospital use.
ANIMAL SHELTER: A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
ANNUAL: Plants whose life cycle lasts only one year, from seed to blooms to seed.
APARTMENT: A room or suite of rooms used as dwelling for one family which does its cooking therein.
APPLICANT: Any individual, firm, partnership, association, corporation, company or organization applying for a permit.
ARCADE, AMUSEMENT: An establishment where the primary business is based on the offering for public use five (5) or more of any form of game machine, instrument or apparatus operated by coin, slug, or similar medium.
ARCHITECTURAL FEATURE: An element of a building design intended to be functional or ornamental.
ARCHITECTURAL GRADE VINYL: Vinyl siding meeting ASTM D3679 standards including a minimum thickness of .044 with foam backed corners.
ARCHITECTURAL SIGNIFICANCE: Embodying the distinctive characteristics of a type, period style or method of construction or use of indigenous construction, or representing the work of an important builder, designer, architect, or craftsman who has contributed to the development of the community, county, state or nation.
AREA: A specific geographic division of the village of Seneca.
ASSISTED LIVING FACILITY: A home, building, residence, or any other place where sleeping accommodations are provided for at least three (3) unrelated adults, at least eighty percent (80%) of whom are fifty five (55) years of age or older, and where the following are provided:
A. Community based residential care for persons who need assistance with activities of daily living, including personal, supportive, and intermittent health related services available twenty four (24) hours per day, if needed, to meet the scheduled and unscheduled needs of a resident; and
B. Mandatory services, whether provided directly by the facility or by another entity arranged for the facility, with the consent of the resident or the resident's representative; and
C. A physical environment that is a homelike setting that includes individual living units and common space that permits individual and group activities.
"Assisted living facility" does not mean:
A. A long term care facility licensed under the nursing home care act;
B. A hospital, sanatorium, or other institution, the principal activity or business of which is the diagnosis, care, and treatment of human illness.
ATTENTION GETTING DEVICE: A pennant, propeller, spinner, streamer, string of lights, searchlight, or similar device or ornamentation; a sign with a bright, intense, or fluorescent color scheme or background.
AUTO BODY AND REPAIR SERVICE: An establishment, building, or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including, but not limited to, body, fender, muffler or upholstery work, oil change and lubrication, painting, brake service, tire service and sales, or installation of CB radios, car alarms, stereo equipment or cellular telephones, but excluding dismantling and salvage (see definition of Junkyard) and establishments and facilities where the servicing and repair of vehicles is incidental to marketing and selling activities (see definition of Automobile, Light Truck Sales And Service).
AUTOMOBILE, LIGHT TRUCK SALES AND SERVICE: An establishment, building, or land used for the display and sale of automobiles, motorcycles, and light trucks, either new or used, and which may include any warranty repair work and other repair service conducted as an accessory use.
AWNING: A temporary or permanent shelter supported entirely from the exterior wall of a building which extends over a doorway or window.
BAKERY, RETAIL: An establishment primarily engaged in the retail sale of baked products for consumption off site. The products may be prepared either on or off site. Such use may include incidental food service.
BALLED AND BURLAPPED (B&B): Trees and shrubs dug from soil with soil left intact around the roots and secured with burlap.
BANNER: A temporary sign made of lightweight durable, all weather material, either enclosed or not enclosed in a rigid frame and secured or mounted to a permanent structure.
BANNER, ADVERTISING: A temporary sign made of cloth or a similar durable all weather material, typically without a rigid frame, used for a specific time period to advertise a grand opening, a sale, or any other temporary special event.
BANNER, CIVIC: A temporary canvas sign installed on a light pole or wall for the purpose of advertising the village logo, seasonal messages, or community events.
BAR: See definition of Tavern.
BARE ROOT: Plants that are not transplanted in soil at time of installation, rendering them effectively dormant.
BASEMENT: A story partly underground and having at least eight inches (8") of its height aboveground.
BED AND BREAKFAST: A private, owner occupied business in a single-family residence where overnight accommodations and a morning meal are provided to transients for compensation.
BILLBOARD: A large, changeable ground or wall mounted sign that exceeds three hundred (300) square feet in sign face area and twenty five feet (25') in height. Any structure or portion thereof upon which a sign or advertisement used as an outdoor display for the purpose of making anything known is displayed. This definition does not include any bulletin boards used to display official court or public office notices. (See definition of "sign" in section 9-3-1 of this code.)
BLOCK: An area of land bounded by a street, or by a combination of streets and public parks, cemeteries, railroad rights of way, exterior boundaries of a subdivision, waterways, or corporate boundaries.
BOAT AND RV SALES, SERVICE, OR STORAGE: An establishment, building, or land which is primarily engaged in or used for the retail sales, service, or storage of: a) RVs and trailers used for camping and/or recreational purposes, or b) boats sixteen feet (16') or more in length.
BODY ART: The practice of physical body adornment by establishments or artists using, but not limited to, the techniques of body piercing and tattooing. For the purposes of this code, body art does not include the use of a mechanized, presterilized ear piercing system that penetrates the outer perimeter or lobe of the ear or both.
BORDER PLANTINGS/FOUNDATION PLANTINGS: Perennial flowers, shrubs or bushes of various height and diameter used to screen building foundations, appurtenances and property boundaries.
BREWERY: A facility that brews malt beverages on site for retail or wholesale distribution, with a capacity of fifteen thousand (15,000) or more barrels per year. A barrel is the equivalent of thirty one (31) gallons. See also definitions of Brewpub and Microbrewery.
BREWPUB: A restaurant that brews beer as an accessory use, either for consumption on site or in hand capped, sealed containers in quantities up to one-half (1/2) barrel sold directly to the consumer. Production capacity is limited to five thousand (5,000) barrels of beverage (all beverages combined) per year. The area used for brewing, bottling and kegging shall not exceed thirty percent (30%) of the total floor area of the commercial space. A barrel is equivalent to thirty one (31) gallons. See also definitions of Microbrewery and Brewery.
BUILDABLE ACREAGE: A parcel of land or portion of an existing tract or lot of record with sufficient area and dimensional configuration to be developed independently of preceding improvements and in accordance with village zoning and subdivision standards.
BUILDING: Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of any person, animal, or chattel. When any portion thereof is completely separated from every other portion by masonry or a firewall without any window, which wall extends from the ground to the roof, then such portion shall be deemed to be a separate building.
BUILDING COVERAGE: The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
BUILDING LINE: A line between which any street line of a district, lot, tract or parcel of land, where no building or parts of buildings may be erected, altered, or maintained.
BUILDING MAINTENANCE SERVICE: Establishments or places of business engaged in the repair, maintenance, and remodeling of existing buildings and grounds. Such services include, but are not limited to, those of a: general contractor, electrician, plumber, carpenter, roofer, and mason.
BUILDING MATERIAL SALES: Establishments or places of business that have a substantial portion of their business and require that a substantial portion of the floor or lot area be devoted to sale and rental or storage of building materials such as lumber, cement, bricks, paving stones, garden and landscaping items, and finished or semifinished building components such as windows and doors. Building material sales does not include hardware stores where the substantial portion of the business and floor area is devoted to power tools, and smaller construction and maintenance items such as nails, screws, plumbing fixtures, electrical supplies, cleaning supplies.
BUILDING, PRINCIPAL: A building or structure in which the primary use of the lot on which the building is located is conducted.
BULK AND DENSITY REGULATIONS (Also Referred To As BULK AND DENSITY PROVISIONS): The controls in this title and other ordinances that specify limitations on the size of buildings and yards and the location of buildings with respect to one another. These controls include the following: building height, building setbacks, yard requirements, building coverage, impervious area coverage, floor area ratio, lot area, lot depth, lot width, and various measures used to indicate buildings or dwelling units per acre.
BUSINESS SUPPORT SERVICES: Establishments or places of business engaged in the sale, rental, or repair of office equipment, supplies, and materials, or the provision of services used by office, professional, or service establishments. Typical uses include office and equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, as well as temporary labor services.
CAFE (Also Referred To As COFFEE SHOP): An establishment primarily offering coffee, tea and other nonalcoholic beverages, and where light refreshments and limited menu meals may also be sold.
CALIPER: A size measurement (usually the diameter in inches) of the trunk or main leader of an overstory, ornamental, or parkway tree.
CAMP, DAY OR YOUTH: The use of a site for provision of indoor or outdoor activities for children, including sports, arts and crafts, entertainment, recreation, educational activities, swimming, fishing, horseback riding, and incidental food service. Also see definition of Campground.
CAMPGROUND: Any area that is occupied, intended, designed, or improved for occupancy by transients using recreational vehicles, motor homes, mobile trailers or tents for dwelling, lodging, or sleeping purposes and is held out as such to the public. Also see definition of Camp, Day Or Youth.
CANOPY: A structure deriving its support from a framework of posts or other means independent of a connected structure for the purpose of shielding from the elements, commonly found at a bank or gasoline service station.
CAR WASH: Mechanical facilities for the washing or waxing of private automobiles, light trucks and vans, but not commercial fleets.
CELLAR: A portion of a building having more than one-half (1/2) of its height belowground.
CHARACTER: Special physical characteristics of an existing or proposed building or structure or an area that set it apart from its surrounding and contributes to it individually. Character defining considerations, include, but are not limited to, building height, shape, materials, orientation and architectural style and features, as well as the site's interior spaces and relationship to the surrounding area.
CHILDCARE FACILITY: Any person, group of persons, agency, association or organization, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody in any facility as defined under Illinois law that is established and maintained for the care of children. "Childcare facility" includes a relative who is licensed under Illinois law as a foster family home under Illinois law.
COFFEE SHOP: See definition of Cafe.
COMMERCIAL ENTRY: The entryway of a commercial building that would be perceived by the public to be an entrance available for public use.
COMMON OPEN SPACE: The land and water areas within a PD that are devoid of buildings and other structures, other than accessory recreational and pedestrian facilities and uses, and are suitable for active and passive recreational activities. Common open space specifically excludes: parking lots, streets, required setbacks for individually owned lots and buildings, the building footprint of schools, and retention ponds that are unsuitable for water based recreation. Common open space can include areas intended for active (e.g., softball fields) and passive (e.g., picnic areas) recreation.
COMMUNICATIONS SALES AND SERVICE: Establishments or places of business engaged in the sale, rental, and repair of communications devices such as telephones, cellular telephones, and ancillary electronic supplies and devices.
CONSTRUCTION: The act of altering an existing structure, building an addition to an existing structure, or the erection of a new principal or accessory structure on a lot or property.
CONTAINER, CARGO: See definition of Outdoor Storage Facility.
CONTRIBUTING (BUILDING, STRUCTURE, OR SITE): A building, structure, or site that may not necessarily have architectural or historic significance as a single property, but which adds to the overall character and significance of a historic district due to its architectural or historical merit and its compatibility with other buildings, structures, and sites within an architectural or historic setting such as a neighborhood. Contributing buildings, structures, and sites are considered to be an integral part of a historic district.
CONVENIENCE STORE: A retail store with a floor area of less than four thousand (4,000) square feet that sells a limited line of groceries, tobacco, periodicals, and other household goods. See also definition of Service Station, Automotive.
Commentary: Convenience stores are distinct from other retail uses because their operating characteristics (traffic generation, hours of operation, noise and litter) tend to be more intensive than many other retail uses.
COPING: The top layer or course of a masonry wall, usually having a slanting upper surface to shed water.
COURTYARD DEVELOPMENTS: Developments having their main or public entrance facing a central public open space or parking area that serves the overall development. Such buildings shall be geared toward pedestrian traffic versus typical automobile traffic.
DAYCARE CENTER: Any childcare facility which regularly provides daycare for less than twenty four (24) hours per day for: a) more than eight (8) children in a family home, or b) more than three (3) children in a facility other than a family home, including senior citizen buildings 1 .
DAYCARE HOME: A family home that receives more than three (3) and up to a maximum of twelve (12) children for less than twenty four (24) hours per day 2 .
DAYCARE HOME, GROUP: A family home which receives more than three (3) up to a maximum of sixteen (16) children for less than twenty four (24) hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of twelve (12).
DECIDUOUS: A term that indicates that a plant sheds its foliage at the end of the growing season. The term, deciduous is used especially in reference to trees and shrubs.
DECK: A platform, either freestanding or attached to a building, without a roof, three (3) or more feet above grade. Also see definitions of Patio and Porch.
DEMOLITION: Any act or process which destroys in part or in whole a landmark or a building, structure, or site within a historic district.
DENSITY: The total number of dwelling units divided by the site acreage. Density is not based upon gross area of the site but upon "gross buildable area" as defined herein.
DESIGN CRITERIA: Standards of appropriate activity that will preserve the historic, architectural, scenic, or aesthetic character of a historic landmark or district.
DONATION COLLECTION BOX: A container used to temporarily store donated items, typically operated by a charitable organization.
DRIVE-THROUGH FACILITY: An establishment in a building which has an opening in the wall of the structure which is designed to provide for sales to and/or service to patrons who remain in their vehicles.
DRIVEWAY: A private roadway providing access for vehicles to a parking space, garage, dwelling, or other building.
DRY CLEANING AND LAUNDRY PICK UP FACILITY: An establishment or business for the delivery and pick up of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry cleaning equipment or machinery on the premises.
DRY CLEANING PLANT: A building, or portion of a building for the cleaning of fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersion only, in volatile solvents.
DUPLEX: A building containing two (2) dwelling units, each of which has direct access to the outside.
DWELLING: A building, or portion of a building, used for residential occupancy, including single-family detached dwellings, two-family dwellings, duplexes, single-family attached dwellings, multiple-family dwellings, boarding and rooming houses, dormitories, and apartment hotels, but excluding cabins, tents, hotels, motels, trailers, and recreational vehicles.
DWELLING, MULTIPLE (MULTI-FAMILY): A building or portion thereof, used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking in said building. This definition includes three-family houses, four-family houses, apartment houses, and apartment hotels, but does not include automobile courts, trailer camps and tourist camps.
DWELLING, SINGLE-FAMILY: A building designed exclusively for occupancy by one family, detached from all other dwellings, and surrounded by open space, but not including manufactured housing.
DWELLING, TWO-FAMILY: A detached building, designed for or occupied exclusively by two (2) families living independently of each other.
DWELLING UNIT: A room or group of rooms providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. A single-family home is one dwelling unit; each apartment within a multi-family residential building is a separate dwelling unit.
EIFS: Exterior insulation and finish systems meeting ASTM C1535-04 standards of application.
EMERGENCY: A life or health threatening condition requiring immediate attention, as determined by the fire chief or building official.
EVERGREEN: Having foliage that persists and remains green throughout the year, in contrast to plants that are classified as deciduous.
EVERGREEN TREE: Needle bearing, self-supporting woody plant with a single trunk or leader and an expected mature height of thirty feet (30') or more.
EXTERIOR ARCHITECTURAL APPEARANCE: The architectural character and general composition of the exterior of a building or structure including, but not limited to, the kind and texture of the building materials and the type, design, arrangement, and character of all architectural elements.
FACADE FRONTAGE: The width of the face of the front building wall or the width of the front wall face of the area devoted to an individual tenant of a commercial retail center.
FAMILY: Two (2) or more persons related to each other by blood, marriage, or legal adoption living together as a single housekeeping unit; or a group of not more than four (4) persons who need not be related by blood, marriage or legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit.
FARM STAND: A small, often open air structure, situated at the side of a road, in which agricultural products are publicly displayed and offered for sale. Its use is generally seasonal. Also see definition of Roadside Market.
FEEDLOT: A building or land intended or used for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals prevents the maintenance of a vegetative cover within the enclosure. Open lots used for the feeding and rearing of poultry and barns, dairy barns, swine facilities, beef lots and barns, and horse stalls shall be considered animal feedlots. Pastures shall not be considered animal feedlots.
FIBER-CEMENT BOARD: Cement based siding such as hardi-board or hardi-plank siding designed to have the look of wood siding with reduced maintenance requirements.
FINDINGS OF FACT: A list of conclusions concerning a zoning issue properly adopted by an administrative body. Such conclusions are arrived at by examination of documents, listening to testimony, or listening to statements at a public hearing or public meeting. Findings of fact are generated in order to ensure that the grounds for an administrative decision are clearly disclosed and adequately sustained.
FLAG: A sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns or symbolic devices used for attracting attention of the public.
FLAG, CORPORATE: A sign printed on a flag representing the symbol of any corporation.
FLAG, OFFICIAL: Any sign printed on a flag representing the symbol of any nation, state or political subdivision.
FLOOR AREA: See definition of Gross Floor Area (GFA).
FLOOR AREA RATIO: The gross floor area of all buildings on a zoning lot divided by the area of the zoning lot.
FLOOR AREA, USABLE: Any floor area within outside walls of a residential building exclusive of areas in cellars, basements, unfinished attics, garages, open or unheated porches and accessory buildings.
FORTUNE TELLING SERVICE: An establishment providing advice, predictions, or interpretations of planetary effects on or about future human affairs.
FREIGHT TERMINAL, RAIL OR INTERMODAL: A facility for the receipt, transfer, short term storage, and dispatching of goods transported by rail and/or serving as a transfer point for changing goods from rail to truck transport.
FREIGHT TERMINAL, TRUCK: A facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck. Truck freight terminals include express and other mail and package distribution facilities, including those operated by the U.S. postal service.
GFA: See definition of Gross Floor Area (GFA).
GARAGE: A building or part of a building used or designed to be used for the parking and storage of vehicles.
GARDEN CENTER: A building and outside sales areas in which annual plants, potted plants, nursery stock, fertilizer, pesticides, tools, or related items are offered for sale.
GOVERNMENTAL FACILITY: Property owned and occupied by the federal, state, county, municipal, or township government or a school district, park district, library district, fire district, or police department.
GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of the building.
GRAIN STORAGE: A facility or land primarily used for the storage of more than one ton of unprocessed grains such as corn, soybeans, or wheat.
GREENHOUSE, COMMERCIAL: A structure, covered with transparent material that uses solar radiant energy to grow plants intended for retail or wholesale distribution. The structure may have heating and ventilating equipment for the purpose or optimum temperature control.
GROCERY STORE: A retail establishment with the primary business of selling foodstuffs, to include fruits and vegetables, and with a floor area of less than thirty thousand (30,000) square feet.
GROSS BUILDABLE AREA: The total acreage of the property minus the following:
A. Wetlands. Only those wetlands which fall under current regulations by the army corps of engineers shall be considered in this calculation;
B. All of the floodway shown on the official FEMA maps or as approved by the army corps of engineers. Where a defined floodway is not known, an area seventy five feet (75') on both sides of the creek or river centerline shall be used for this calculation until additional engineering studies detail the actual floodway;
C. Land within the right of way or easement of an existing roadway;
D. Land within an existing permanent easement prohibiting development (including electrical transmission lines and pipelines).
E. Land identified in the comprehensive plan for exclusive business use such as commercial or industrial areas.
GROSS FLOOR AREA (GFA): The sum of the gross horizontal areas of the floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area includes: basement floor area when more than one-half (1/2) of the basement height is above the established curb level or above the finished lot grade level where the curb level has not been established; elevator shafts and stairwells at each floor; floor space used for mechanical equipment; attic space having headroom of six feet nine inches (6'9") or more; interior balconies and mezzanines; and enclosed porches, and floor area devoted to accessory uses. However any space devoted to off street parking or loading shall not be included in the floor area.
GROUND COVER, LIVING: Grass from sod or seed, other low lying planted material no more than twelve inches (12") in height used for erosion control. Not including pollen producing varieties, not briars, brambles, nor plants generally accepted as weeds.
GROUP HOME: A dwelling or facility used to provide a socially dependent family environment for developmentally or mentally disabled patients, as specified in the 1988 fair housing act amendments of the civil rights act of 1968. For purposes of this title, this definition shall not include "halfway houses", uses for the recovering chemically dependent, prison work release programs or any use that does not house solely the developmentally or mentally disabled.
GROUP LIVING: A group of five (5) or more persons, not related by blood, marriage, legal adoption, or foster care status residing in a single dwelling unit or facility. Examples of group living arrangements include, but are not limited to, fraternity houses, halfway houses, and transitional shelters. Also see definitions of Family and Group Home.
HALFWAY HOUSE: A licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, where supervision, rehabilitation, and counseling are provided to bring residents into the mainstream of society.
HATCHERY, POULTRY: See definition of Feedlot.
HAZARDOUS MATERIAL: Any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant hazard or potential hazard to human health and safety or to the environment. The term includes, but is not limited to, hazardous substances and hazardous wastes.
HEALTH CLUB: A facility where members or nonmembers use equipment or space for the purpose of physical exercise. The facility may also offer sauna, massage, or spa services, but does not include "adult use: adult massage parlor".
HEAVY EQUIPMENT: A movable or transportable vehicle or other apparatus commonly used in commercial, industrial, or construction enterprises, such as, but not limited to, trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, and lifts having a weight of 2.5 tons or more.
HEIGHT, BUILDING: For buildings with flat roofs, the building height shall be the vertical distance to the highest point of the roof. For buildings with mansard roofs, the building height shall be the vertical distance to the deck line. For buildings with gable, hip, and gambrel roofs, the building height shall be: the vertical distance to the eaves plus one-half (1/2) of the vertical distance from the eaves to the exterior ridge of the roof. Regardless of the type of roof, the vertical distance shall be from the curb level if the building is not more than ten feet (10') from the front lot line or from the top of foundation in all other cases.
HELIPORT: An area designed to be used for the landing or takeoff of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities.
HISTORIC DISTRICT: An area designated as a "historic district" pursuant to this code and which contains within definable geographic boundaries one or more historic landmarks and which may have within its boundaries other properties, areas, sites, landscapes, or structures, while not of such historic, architectural, or scenic significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the district.
HISTORIC LANDMARK: A building, structure, or site which has been designated as a "historic landmark" pursuant to this code which is worthy of rehabilitation, restoration, or preservation because of its historic, architectural, or scenic significance or by its inclusion in the national register of historic places.
HISTORIC SIGNIFICANCE: Having character, interest or value as part of the development, heritage, or culture of the community, county, state or nation; as the location of an important local, county, state or national event; or through identification with a person or persons who made important contributions to the development of the community, county, state or nation.
HOME OCCUPATION: A business, profession, or other activity engaged in for income or profit by any owner, tenant, or occupant of a residential property.
HOSPITAL: An institution which maintains and operates facilities for the diagnosis, treatment, medical care or surgical care of persons suffering from illness, disease, injury, deformity or other abnormal physical condition and which permits overnight lodging for patients.
IMPERVIOUS AREA COVERAGE: The horizontal area of a lot that is covered by an impervious surface.
IMPERVIOUS SURFACE: Any hard surfaced, manmade area that does not readily absorb or retain water, including, but not limited to, building roofs, parking and driveway areas, sidewalks, graveled areas, and paved recreation areas.
INCONSPICUOUS AREA: For the purposes of regulating prohibited truck signs, an inconspicuous area shall be defined as follows:
A. An area designated for truck or semitrailer only parking; or
B. An area on the interior side yard or rear yard area of the subject site.
INDUSTRIAL PARK: A planned, coordinated development of a tract of land with two (2) or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on site vehicular circulation, parking, utility needs, building design and orientation, and open space.
INDUSTRY, HEAVY: Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process. Heavy industry produces significant external effects such as smoke, noise, soot, dirt, vibration, or odor. Heavy industry may also pose substantial risks due to the involvement with explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials used in the manufacturing process.
INDUSTRY, LIGHT: Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment, or fabrication of materials and products, from processed or previously manufactured materials. Light industry operates in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, vibration, or odor. A machine shop is included in this category.
INDUSTRY, MEDIUM: Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process. Medium industry produces moderate external effects such as smoke, noise, soot, dirt, vibration, or odor.
INTERMODAL TERMINAL FACILITY: Land, improvements to land, equipment, and appliances necessary for the receipt, short term storage and transfer of goods between one mode of transportation and another, at least one of which must be transportation by rail.
JUNKYARD: Any space for storage, abandonment or sale of junk, scrap material or similar waste, including the dismantling, demolition or abandonment of vehicles, machinery or parts. Junkyard shall be synonymous with salvage yard.
KENNEL: A facility for the keeping, boarding, raising, or training of four (4) or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, except for pet shops or animal hospitals.
KEY LOT: Lots within a residential development that are located at highly visible intersections as well as other strategic points within the development.
LAND USE: A description of how land is occupied or utilized.
LANDFILL: Any operation or activity which is a "sanitary landfill" within the meaning of the Illinois environmental protection act, 415 Illinois Compiled Statutes 5/1 et seq.
LIVESTOCK: Cattle, horses, sheep, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants and other birds and animals raised and/or maintained in confinement for home use or profit, other than traditional household pets, are for the purpose of this title, considered livestock.
LIVING SPACE: One or more rooms in a building designed for occupancy by one or more persons for living or sleeping.
LOT: For zoning purposes, as covered by this title, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street and may consist of any of the following, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record;
D. A parcel of land described by metes and bounds.
LOT AREA: The area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines.
LOT, CORNER: A lot located at the junction of two (2) or more intersecting streets, having an interior angle of less than one hundred thirty five degrees (135°), with a boundary line bordering on two (2) of the streets.
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, FLAG: A lot that has access to a public right of way by means of a narrow strip of land.
LOT, INTERIOR: A lot other than a corner or through lot.
LOT LINE: A line dividing one lot from another lot or from a street or alley.
LOT LINE, CORNER SIDE: That boundary of a corner lot, which abuts a public street and is not a front lot line.
LOT LINE, FRONT: That boundary of a lot which abuts a public street. In the case of a corner lot, the front lot line is the shortest of the lot lines abutting public streets. In cases where the lot lines abutting public streets are equal, the front lot line shall be the one that faces the primary building's main entrance.
Both lots are at the intersection of two (2) streets. The lot on the left, with an interior angle at the intersection of one hundred thirty five degrees (135°), is not a corner lot. The lot on the right has an interior angle at the intersection of less than one hundred thirty five degrees (135°); therefore it is a corner lot.
In the case of a flag lot the front lot line is the closest boundary that is, in general, parallel to the street and is not the boundary line of the narrow strip of land that abuts the street.
LOT LINE, INTERIOR SIDE: A lot line not abutting a public street.
LOT LINE, REAR: That boundary of a lot which is most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet (10') in length within the lot, parallel to, and at the maximum distance from, the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front or rear lot line. On a corner lot a side lot line may be a street lot line.
LOT LINE, STREET: A lot line dividing a lot from a street.
LOT, REVERSED CORNER: A corner lot where the street side lot line is substantially a continuation of the front lot line of the first lot to its rear.
LOT SIZE: See definition of Lot Area.
LOT, THROUGH: A lot which has a pair of opposite lot lines along two (2) substantially parallel streets, and which is not a corner lot. On a through lot both street lot lines shall be deemed front lot lines.
LOT WIDTH: The horizontal distance between the side lot lines measured at the front yard line as established in this chapter, and calculated on the arc measurement for curvilinear lots.
LOT, ZONING: A parcel of land indicated as such upon a subdivision or assessment plat recorded in the office of the county recorder.
LUMBERYARD: See definition of Building Material Sales.
MAINTENANCE: Regular upkeep of a property that does not significantly alter its historic character or identity and, therefore, does not require a permit.
MAJOR WORK: Exterior changes that involve significant alterations, additions, or removals that could be determined to impair the integrity of a landmark or a district as a whole.
MANUFACTURED HOMES: A dwelling unit fabricated in an off site manufacturing facility for installation or assembly at the building site, and built in accordance with the federal manufactured home construction and safety standards. Also see definition of Modular Home.
MARQUEE: A permanent canopy often made of metal and glass, projecting over an entrance, usually of a hotel or theater.
MASSAGE PARLOR: See definition of Adult Use: Adult Massage Parlor.
MASSAGE THERAPIST: A person who is licensed by the Illinois department of professional regulation and administers massage for compensation.
MASSAGE THERAPY: A system of structured palpation or movement of the soft tissue of the body. The system may include, but is not limited to, techniques such as effleurage or stroking and gliding, petrissage or kneading, tapotement or percussion, friction, vibration, compression, and stretching activities as they pertain to massage therapy. These techniques may be applied by a licensed massage therapist with or without the aid of lubricants, salt or herbal preparations, hydromassage, thermal massage, or a massage device that mimics or enhances the actions possible by human hands. The purpose of the practice of massage, as licensed under the Illinois massage licensing act 3 , is to enhance the general health and well being of the mind and body of the recipient. Massage does not include the diagnosis of a specific pathology. Massage does not include those acts of physical therapy or therapeutic or corrective measures that are outside the scope of massage therapy as defined in the Illinois massage licensing act.
MEDICAL CLINICS: A facility for providing medical, psychiatric, dental or optometric services on an outpatient basis, including diagnostic services, training, administration, incidental or nonprimary surgical procedures, and services to outpatients, employees or visitors.
MENU BOARD: A ground sign identifying a menu associated with ordering at drive-through facilities.
MICROBREWERY: A facility for the production and packaging of malt beverages for retail and/or wholesale distribution, with a capacity of not more than fifteen thousand (15,000) barrels per year. The facility may include a restaurant or tavern where the beverages produced on site or sold directly to patrons, either for consumption on site or in hand capped, sealed containers in quantities up to one-half (1/2) barrel. A barrel is the equivalent of thirty one (31) gallons. See also definitions of Brewpub and Brewery.
MINOR WORK: Exterior changes that do not involve substantial alterations, additions, or removals that could impair the integrity of the property and/or the district as a whole.
MIXED USE: A development or area in which more than one type of land use is provided. Some examples of mixed uses are residential and retail, retail and office, residential and office.
MODULAR HOME: For purposes of this title, a dwelling unit not completely factory built or assembled, that when assembled takes on all the indications of a residential home in that it has siding, shingled roof, and is completely attached to a solid permanent foundation and not on jacks or wheels. In addition, a modular home is defined as a home that is constructed and placed on the owner's land with the intent that the structure could not or would not be relocated.
A. The structure must be comprised of two (2) or more units designed to be joined as a single, complete living unit.
B. The unit, when complete, must be at least twenty feet (20') wide and not less than forty feet (40') in length, comprising a minimum of eight hundred (800) square feet of living space.
C. The unit's framing structure must be a minimum of two inch by four inch (2" x 4") construction with floor joists at no less than two inch by eight inch (2" x 8") material.
D. Prior to issuance of a building permit, the applicant must submit to the zoning enforcement officer the manufacturer's construction and design prints on the modular home for which their permit is sought.
E. The applicant and the unit must meet all definitions and criteria of this title. Failure to do so shall be cause for immediate denial of a permit.
F. Special permitted uses.
MOTORCYCLE SALES AND SERVICE: See definition of Automobile, Light Truck Sales And Service.
MOVING AND STORAGE: An area and/or building used for the storage of household furniture and effects, or office furnishings. Also an enterprise engaged in the transfer of household or office furnishings and effects.
MULTI-FAMILY: Residential buildings that contain more than six (6) dwelling units and typically seen as condominiums and apartments.
MULTI-FAMILY DWELLING: See definition of Dwelling, Multiple (Multi-Family).
NAMEPLATE: See definition of Sign, Nameplate.
NEON OR OTHER GAS TUBE ILLUMINATION: Illumination affected by a light source consisting of a neon or other gas tube which is bent to form letters, symbols, or other shapes.
NET DEVELOPED AREA: The improved portion of a parcel, lot or tract of land including the land required to meet minimum yard requirements as established by the zoning ordinance.
NONCONTRIBUTING (BUILDING, STRUCTURE, OR SITE): A building, structure, or site that may be a part of a historic landmark or district, but does not possess historic, architectural, or archaeological significance or integrity per se; however, the relationship of these buildings, structures, or sites to those that are contributing may be important to the preservation of the landmark or district. Inclusion of these properties within a historic district subjects these properties to those design review standards and guidelines applicable to noncontributing properties as defined by this title and by the historic preservation commission.
NOXIOUS MATTER: Material which is capable of causing injury or malaise to living organisms by chemical reaction, or is capable of causing detrimental effects upon the health, or the psychological, social, or economic well being of human beings.
NURSING HOME: A skilled nursing or intermediate long term care facility, whether public or private and whether organized for profit or not for profit, that is subject to licensure by the Illinois department of public health under the nursing home care act. The term "nursing home" does not include a facility operated solely as an intermediate care facility for the mentally retarded within the meaning of title XIX of the social security act.
OBSTRUCTION: Any apparatus, mechanical equipment, fence, or other construction of a long term, fixed, and permanent nature placed above or on the ground within a yard.
OFFICE: A room or group of rooms used for conducting the affairs of a business, profession, service industry, government, or governmental agency.
OFFICE PARK: A planned, coordinated development of a tract of land with two (2) or more separate office buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on site vehicular circulation, parking, utility needs, building design and orientation, and open space.
ORNAMENTAL TREE: A deciduous self-supporting woody plant with an expected mature height of between fifteen (15) and thirty five feet (35'). May either be single stemmed or multistemmed.
OUTDOOR SALES DISPLAY: An outdoor arrangement of objects, items, products, or other materials, typically in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product, or service. See also definition of Outdoor Sales, Seasonal.
OUTDOOR SALES, SEASONAL: Temporary outdoor retail operations or display of plants, fruits and vegetables that are, by their nature, sold during a specific or peak season, including such items as Christmas trees, pumpkins, watermelons, sweet corn, and bedding plants.
OUTDOOR STORAGE: The keeping of personal or business property or motor vehicles in a required open parking space or any other area outside of a building for a period exceeding seventy two (72) consecutive hours.
OUTDOOR STORAGE FACILITY: Any unscreened accessory structure or container that is not permanently affixed to the ground or to a principal structure, not including solid waste and landscape waste containers, which is used to store any personal property or scrap or recyclable material not generated as a result of construction, demolition, or related activities.
OUTDOOR STORAGE, SEASONAL: See definition of Outdoor Sales Display.
OVERSTORY TREE: A deciduous, self-supporting woody plant with an expected mature height of thirty five feet (35') or greater, and a single straight trunk with limbs occurring on the trunk not less than five feet (5') above the ground.
OWNER CONSENT: The determination of whether the application has the endorsement of the owners of record on behalf of a parcel shall be, if sole owner, by his or her signature, and if multiple owners, by the owners representing at least fifty percent (50%) of the title interest in the property. Each parcel is considered independently, regardless of single ownership of multiple parcels.
OWNER OF RECORD: The person, corporation, or other legal entity listed as the owner of a property in the records of the Will and Kendall County recorders.
PD: See definition of Planned Development (PD).
PARKING SPACE: An area ten feet by twenty feet (10' x 20') which has adequate access to a public thoroughfare for the parking or temporary storage of a passenger automobile.
PARKWAY: The area between the rear of the curb and the front of a sidewalk. In the absence of a curb, the area between the nearest edge of the street paving and the front of a sidewalk. Such areas are used for planting low ground cover and/or street trees.
PARKWAY TREE: Same as an overstory tree, except located in the public right of way; typically the area between the sidewalk and the street.
PATIO: A level, surfaced area directly adjacent to a principal building at or within three feet (3') of the finished grade, without a permanent roof and intended for outdoor lounging, dining, and the like. Also see definitions of Deck and Porch.
PATIO COVER: A solid or open roof structure not exceeding twelve feet (12') in height and covering a patio. Patio covers may be detached or attached to another structure. Patio covers may be enclosed and used for recreational and outdoor living purposes, but do not include structures used as carports, garages, storage rooms, or habitable rooms.
PAWNSHOP: Any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.
PERENNIAL: A plant (typically thought of as nonwoody) whose life cycle lasts three (3) or more years.
PERIMETER OF A SUBDIVISION: The edges of a subdivision that abut arterial and collector roadways.
PLANNED DEVELOPMENT (PD): A parcel of land which:
A. Is of sufficient size to create its own environment, and
B. Is under single ownership or unified control at the time of zoning approval, and
C. May be granted waivers from specific land use regulations and design standards in order to accomplish the purposes of the planned development regulations as specified in this title.
PLANT UNIT: A numerical equivalent given to trees and shrubs, based on size, which is used to calculate the planting requirements of this title.
PORCH: A roofed structure, at an entrance to a building, not more than seventy five percent (75%) enclosed by walls and attached to the building for the purpose of sheltering from the rays of the sun and from the weather, exclusive of vehicles, either persons or inanimate objects. See also definitions of Deck and Patio.
PORCH, DOMINANT: A porch having a minimum depth of three feet (3') and a minimum width of eight feet (8').
PORCH, NONDOMINANT: A porch with a dimension less than three feet (3') deep or eight feet (8') wide.
PREVIEW BOARD: A ground sign identifying specials or highlighted menu items located ahead of the menu board at drive-through facilities.
PUBLIC WAY: Any street, alley, pathway, bridge, easement, right of way or other way in which the public has a right of use.
RECREATION FACILITY, PRIVATE, INDOOR: A commercial or not for profit recreation or sports facility entirely within a building, including such uses as ice rink, indoor tennis court, bowling alley, swimming pool.
RECREATION FACILITY, PRIVATE, OUTDOOR: A commercial or not for profit establishment devoted primarily to the pursuit of recreational activities, where the primary recreational activity is conducted outdoors, such as country club, golf course, riding stable, go-cart racetrack, amusement park, shooting range, water slide.
RECREATION VEHICLE: A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Excludes camper or other tops mounted on pickup trucks or sport utility vehicles where the unit does not extend more than two feet (2') above the top of the cab of the vehicle.
RECYCLING FACILITY: A building or enclosed area used for the collection and/or processing of recyclable materials. Processing means the preparation of material for shipment, or an end user's specifications, by such means as baling, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.
REHABILITATION: The process of returning a property to a state of utility, through repair or alteration, which makes possible efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values.
RELIGIOUS ASSEMBLY: A use located in a permanent building providing regular organized religious worship and related incidental activities, except primary or secondary schools and nonresidential childcare facilities. A rectory or parsonage may be located on the same lot as the permanent building that provides the place for the religious assembly.
RELIGIOUS INSTITUTION: A place of worship or religious assembly with related facilities such as: rectory or convent; private school; meeting hall; offices for administration of the institution; licensed child or adult care, playground, cemetery.
REMOVAL: Any relocation of a structure from its original site.
REPAIR: To restore by replacing, in part or in whole, that which is worn, broken, or otherwise in a state of disrepair.
REPAIR SERVICE, CONSUMER: An establishment primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.
RESIDENTIAL DENSITY: The number of dwelling units divided by the gross buildable area of a property.
REST PERIOD: The interim period between the removal of a balloon or trailer mounted or wheel mounted sign in a unified business center, multi-tenant office building, or a shopping center and the issuance of a subsequent permit in the same location where the installation of such signage is prohibited.
RETAIL SALES AND SERVICE: An establishment primarily engaged in provision of goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser, but excluding those commercial establishments classified more specifically by definition in this zoning ordinance.
ROADSIDE MARKET: A building, generally used year round, in which fruits, vegetables, and handicrafts are offered for sale. Also see definition of Farm Stand.
ROOFLINE: Either the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette; and where a building has several roof levels, this roof or parapet shall be the one belonging to that portion of the building on whose wall the sign is located.
SALVAGE YARD: See definition of Junkyard.
SEAT: Space intended for one individual; in places where patrons or spectators occupy benches, pews or other seating facilities, each twenty inches (20") of such seating facilities shall be counted as one seat.
SELF-STORAGE FACILITY: A structure containing separate storage spaces of varying sizes leased or rented on an individual basis. Such facilities are also known as miniwarehouses.
SERVICE STATION, AUTOMOTIVE: Any building or land used primarily for the dispersal, sale, or offering for sale of automotive fuels, oils or accessories, including lubrication of automobiles and replacement of minor parts and accessories, but not including major repair work such as motor replacement or rebuilding, body and fender repair, or painting. Service stations may also offer a limited line of groceries, tobacco, periodicals, and other household goods, and may have a car wash as an accessory use.
SETBACK: The minimum distance by which any building, structure, or obstruction is separated from a lot line, as measured from the lot line to the closest point of the building or obstruction, excluding open stairs or stoops.
SETBACK, CORNER SIDE: A setback measured from the corner side lot line.
SETBACK, FRONT: A setback measured from the front lot line.
SETBACK, INTERIOR SIDE: A setback measured from the interior side lot line.
SETBACK, REAR: A setback measured from the rear lot line.
SHADE TREE: See definition of Overstory Tree.
SHOPPING MALL: A concentration of retail stores or service establishments that share customer parking areas and are located within an enclosure having public walkways whereby a customer in one store or establishment may walk to another store without leaving the enclosure.
SHRUB, LARGE: A deciduous or evergreen, self-supporting woody plant with an expected mature height of not less than five feet (5'), and generally not larger than fifteen feet (15'), with multiple trunks and/or leaders.
SHRUB, SMALL: A deciduous or evergreen, self-supporting woody plant with an expected mature height of less than five feet (5'), with multiple trunks and/or leaders.
SIGN: A symbol, lettering, pictorial representation, or combination thereof attached to fixed property, buildings, or structures readily visible from public property and used for information, identification, or directional purposes or to sell or advertise products, services, activities, or events. See section 9-3-1 of this code.
SIGN AREA: The part of the sign that is or can be used to identify, advertise, or communicate information or for visual representation that attracts the attention of the public for any purpose, plus the area surrounding such parts except for frame, supports, or structural members. The frame, supports, or structural members may be considered as part of the sign face if it is so designed with lighting or other ornamentation that is incorporated for the sign design.
SIGN, AWNING: A sign incorporated into or attached to an awning.
SIGN, BANNER: A sign applied to cloth, paper or fabric of any kind, with only such nonrigid material for background.
SIGN, BILLBOARD: A board, panel, or tablet used for the display of posters, printed or painted advertising matter, that directs attention to goods, entertainment, or service offered elsewhere than the premises where the sign is located.
SIGN, CIVIC EVENT: A sign installed by the village on public property for the purpose of advertising public service information.
SIGN, CONSTRUCTION IDENTIFICATION: A temporary sign used to advertise the company or companies involved in the construction of a specific structure or development or announcing a future occupant at a particular location.
SIGN, DIRECTIONAL, OFF SITE: Signage installed for the purpose of directing traffic to a particular lot, site, or subdivision.
SIGN, DIRECTIONAL, ON SITE: Signage used to circulate and direct traffic within a particular lot.
SIGN, ELECTRONIC MESSAGE: A sign that uses changing lights to form a message or messages wherein the sequence of messages and the rate of change are electronically programmed and may be modified by electronic processes.
SIGN, EXEMPT: A sign that is permitted in the village that does not require a permit, yet is subject to the provisions and restrictions regarding installation, maintenance, size, style, and location.
SIGN, FACE: The surface on which the text or copy is printed including framing on internally illuminated signs. Individually lettered signs have a sign face including only each letter.
SIGN, FLASHING: A sign that contains an intermittent or sequential flashing light source or a sign that contains changing graphics, animation, moving or rotating elements or devices which otherwise create the illusion of movement.
SIGN, GARAGE SALE: A temporary sign used to advertise the sale of secondhand merchandise from the garage or driveway of a residence.
SIGN, GRAND OPENING: A temporary sign advertising the opening of a new business not previously located on the premises or the reopening of an established business which has been severely damaged by catastrophe and has been closed for at least sixty (60) consecutive days for renovation.
SIGN, GROUND: A freestanding sign including, but not limited to, a monument sign, pylon sign, real estate sign, subdivision project sign, or subdivision entrance sign that is supported by posts or other supports independent of any building or structure.
SIGN, HEIGHT: The vertical distance from grade level at the base of the sign to the top of the sign structure.
SIGN, ICON: A two- or three-dimensional (e.g., plywood, plastic cutout, or cold air inflatable device) ground sign shaped to resemble or depict a specific object, animal, person, or place, which is regulated according to the provisions set forth regarding ground signs in this title.
SIGN, ILLUMINATED: Illuminated signs can be either "internally illuminated" or "externally illuminated".
Sign, Externally Illuminated: A sign, which is illuminated by lamps, not installed on or within the sign face.
Sign, Internally Illuminated: A sign, which is illuminated by means of light, transmitted through the sign face. Internally illuminated signs include signs where the lamps are mounted on the sign face.
SIGN, INDIVIDUAL LETTER: Any sign, which is comprised of individual letters and mounted independently to a wall, surface, or brackets.
SIGN, INFLATABLE: A sign or other device that is inflated by cold air, hot air, or other inflatable gas.
SIGN, INFORMATIONAL: An auxiliary sign provided for the sole purpose of providing information to pedestrian or vehicular traffic as to a particular use or function of a building or structure.
SIGN, MANUALLY CHANGEABLE COPY: A sign whereby a message or messages are created on a sign face by manually affixing the lettering onto/into the sign face.
SIGN, MARQUEE: A permanent rooflike structure extending from part of the wall of a building but not supported by the ground and constructed of durable material such as metal or glass. A marquee sign normally incorporates changeable copy.
SIGN, MONUMENT: A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles.
SIGN, NAMEPLATE: A sign which displays only the name and/or address of the occupant, is nonelectrical, and is no larger than two (2) square feet.
SIGN, NONCOMMERCIAL: A sign that does not contain information or advertising for any business, commodity, service, entertainment, product, or other attraction.
SIGN, NONCONFORMING: A sign, lawful prior to enactment of this title, which does not comply with all the regulations of this title. Existing nonconforming signs that are prohibited upon adoption of this title shall not be considered legal nonconforming.
SIGN, OFF PREMISES: A sign that directs attention to or advertises a use, business, commodity, service, or activity not conducted, sold or offered upon the premises where the sign is located.
SIGN, PERMANENT: A sign intended for permanent display.
SIGN, POLE: A freestanding sign that is affixed, attached, or erected on a pole that is not itself an integral part of or attached to a building or structure.
SIGN, POLITICAL: A temporary sign identifying a political candidate, issue, or party.
SIGN, PORTABLE: A sign designed to be moved from place to place. Portable signs are commonly, but not always, attached to a trailer.
SIGN, PROJECTING: A sign attached to a building or other structure and extending in whole or in part more than twelve inches (12") beyond the building.
SIGN, PROMOTIONAL: A temporary sign installed for a short, fixed period of time for the purpose of promoting a special event or sale.
SIGN, REAL ESTATE: A sign located for purposes of advertising on a parcel of land, building, or dwelling unit as available for sale, rental, or lease.
SIGN, ROOF: A sign erected, maintained or displayed above the parapet or placed or mounted on any roof surface or any surface constructed at an angle of more than eight degrees (8°) from the horizontal.
Commentary: The allowance of signs where the roof is at an angle of eight degrees (8°) or less is intended to accommodate signs on mansard roofs.
SIGN, SIDEWALK: A temporary sign placed near the sidewalk in front of a business that is used to advertise the business (e.g., menu items, daily specials, promotions, sales, etc.).
SIGN, SNIPE: A sign fastened to a stick, tree, light, or utility pole and is not a banner.
SIGN, SPECIAL EVENT: A temporary sign (excluding a banner) displaying a special event sponsored by a church, school, or any other community service organization.
SIGN, SUBDIVISION ENTRANCE: A ground sign at the street entrance to a subdivision.
SIGN, TEMPORARY: A sign installed, affixed, or maintained on a premises for a short, fixed, period of time.
SIGN, TRAILER MOUNTED (Also Known As WHEEL MOUNTED SIGN): A temporary sign, usually mounted on wheels or a trailer, installed and displayed for a short, fixed, period of time that is designed for easy transport from one location to another by motor vehicle.
SIGN, WALL: A sign affixed against or painted on the outside surface of a wall or building in a plane parallel to that of the supporting wall, but not including window signs.
SIGN, WINDOW: A sign installed inside a window for purposes of viewing from outside the premises. This term does not include merchandise or displays located in a window.
SINGLE-FAMILY ATTACHED DWELLING: See definition of Dwelling, Single-Family.
SITE: The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, demolished, or vanished, where the location itself possesses historic, cultural, agricultural, environmental, or archaeological value regardless of the value of any existing structure.
SODA FOUNTAIN: An establishment primarily offering ice cream and nonalcoholic, carbonated beverages, and where light refreshments and limited menu meals may also be sold, and where the refreshments can be consumed on the premises.
SPECIAL USE: A zoning device which enables the zoning authorities to place into a zoned district, in addition to the uses permitted there as of right, certain other designated uses, subject to the zoning authorities' specific approval.
SPECIFIED ANATOMICAL AREAS: These areas are: a) less than completely and opaquely covered human genitals or pubic region or buttock or female breast below a point immediately above the top of the areola; and b) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:
A. Human genitals in a state of sexual stimulation or arousal; or
B. Acts of human masturbation, sexual intercourse or sodomy; or
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
STABLE: A structure or land used, designed, or arranged for the sheltering and keeping of horses.
STORY: That portion of a building included between the surface of any floor and the surface of the floor above; or if there is no floor above, the space between the floor and the ceiling above. A basement shall be counted as a story, but a cellar shall not be counted as a story.
STORY, HALF: A space under a sloping roof which has the line of intersection for roof decking and wall 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 completed for principal or accessory uses.
STREET (AVENUE, PLACE, ROAD, TERRACE OR PARKWAY): A publicly dedicated right of way or permanently reserved easement, not less than twenty feet (20') wide, which affords a primary means of access to abutting property.
STREET, LOCAL: A street primarily for access to abutting properties.
STREET, MINOR COLLECTOR: A street which carries traffic from local streets to the major street system. Minor collector streets include the principal entrance streets of subdivisions and streets intended for circulation within subdivisions.
STRIP MALL: Linear commercial development, usually one store deep, that fronts on a major street, with shallow on site parking between the stores and the street.
STRUCTURAL ALTERATIONS: Any change in the number or width of exits, in the supporting members of a building, such as bearing walls, or partitions, columns, beams, or girders or any substantial change in the roof.
STRUCTURE: Anything constructed or erected, the use of which required more or less permanent location on the ground or is attached to something having a more or less permanent location on the ground.
STRUCTURE, OUTDOOR ADVERTISING: Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including also outdoor advertising statuary.
SUPERMARKET: A retail establishment primarily for the sale of foodstuffs and with a floor area of thirty thousand (30,000) square feet or more.
TAVERN: An establishment in which the primary business is the retail sale of alcoholic beverages for consumption on the premises and where sandwiches and snacks may be served or sold as an accessory use. Also sometimes referred to as a bar, pub, or lounge.
THEATER: An outdoor or indoor area, building, or part of a building, devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances.
THROUGH LOT: Single-family lots that have exposure to two (2) streets as seen from the front and rear elevations. An outlot at the rear of the lot does not remove its through lot designations.
TOWNHOUSE: Three (3) or more dwelling units that are attached to each other by vertical party walls. The party walls extend from the uppermost ceiling or roof to the ground, or to the roof of a common garage if it is located below the units. The front and rear walls are typically perpendicular to the party wall, are totally exposed, and provide access, light, and ventilation. Used interchangeably with "townhome".
TRAILER PARK: Any area or premises on which space available for trailers is rented or leased or held out for rent, or lease, or on which free occupancy or camping is permitted to trailer owners or users, but not including automobile or trailer sales lots on which unoccupied trailers are parked for purposes of inspection and sale.
TRAILERS: For purposes of this title, a trailer (mobile home) is defined as a structure designed to be used for residential living, sleeping or commercial purposes and designed to be portable or mobile, either self-propelled or propelled by any other means, and supported on wheels, skids, rollers, blocks or any other foundation. A prefabricated home (modular home) shall not be included in this definition.
TRANSITIONAL SHELTER: A community based residential facility that provides short term (120 days or less) room and board in a supervised living environment and generally integrated with counseling and rehabilitation services to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing.
TREE, ORNAMENTAL: Deciduous trees generally smaller in stature than shade trees and ranging in size between fifteen (15) and thirty five feet (35').
TREE, SHADE: Deciduous (hardwood) tree having a mature height of twenty five feet (25') or greater and having a broad spread of branches with leaves providing shade during summer months and shedding leaves each autumn.
UNIFIED BUSINESS CENTER: A group of commercial establishments, planned, constructed, and managed as a total entity with customer and employee parking provided on site. Shopping malls, strip malls, and lifestyle centers are all examples of a unified business center.
UNIFIED SHOPPING CENTER: A multi-tenant building occupied by service commercial, retail commercial, and/or office uses, also referred to as a "commercial retail center".
USE: 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, ACCESSORY: A subordinate use, except a sign, which is clearly and customarily incidental to the principal use of a building or premises; and which is located on the same lot as the principal building or use except that accessory parking facilities may be authorized to be located elsewhere.
USE, NONCONFORMING: Any building, structure, or use lawfully established prior to the effective date hereof which does not comply with all of the applicable use regulations or the zoning district in which such building or premises is located.
USE, PERMITTED: A use which may be lawfully established in a particular zoning district or districts, provided it conforms with all requirements, regulations and standards of this title.
USE, PRINCIPAL: The primary purpose or function of a building, structure, or parcel of land. A principal use may be either a permitted use or a special use.
USE, SPECIAL: Permission for an owner to use his or her property in a manner contrary to the zoning district in which the property is found, provided that the intended use is one of those specifically listed in this title and provided the use is approved only after special consideration of its impact upon neighboring land and of the public need for the use at the particular location.
VARIANCE: Dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property, which, because of unusual or unique circumstances, is denied by the terms of this title.
VEHICLE, INOPERABLE: An inoperable vehicle is:
A. A motor vehicle that does not have a valid license plate.
B. A motor vehicle incapable of moving under its own power.
VEHICLE STORAGE AND TOWING: An establishment, building or land primarily engaged in the removal and temporary storage of vehicles but does not include the dismantling or demolition of vehicles (see definition of Junkyard).
VETERINARY CLINIC: See definition of Animal Hospital.
VILLAGE: The village of Seneca.
VIOLATION: The act of disregarding, disobeying, neglecting, omitting or refusing to comply with the regulations or enforcement of this chapter.
VISION TRIANGLE: A triangular area starting from the intersection two (2) right of way lines at a corner of the intersection of two (2) roadways extending twenty feet (20') from the corner along both right of way lines in which signage is prohibited.
WAREHOUSE: A facility for the storage and distribution of manufactured products, supplies, and equipment, but not involving the manufacture of such products, and characterized by frequent heavy trucking or rail transportation activity. Also see definitions of Freight Terminal, Rail Or Intermodal and Freight Terminal, Truck.
WHOLESALE ESTABLISHMENT: A commercial activity, building, or land primarily engaged in or used for the display, storage, and sale of goods to other firms for resale, or an off price and/or a retail/warehouse establishment exceeding thirty thousand (30,000) square feet of floor area and offering a range of general merchandise to the public.
WINDOW: An opening in the wall of a building containing transparent or translucent material such as glass.
YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure, except as otherwise provided in this zoning ordinance.
YARD, CORNER SIDE: A yard located on a corner lot, immediately adjacent to a street or public right of way, occupying an area that extends from the front yard the entire length of the street to the rear lot line.
YARD DEPTH, MINIMUM: The closest distance between a lot line and the principal structure that occupies the lot. See also definition of Setback.
YARD, FRONT: A yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line in depth.
YARD, INTERIOR SIDE: A side yard located immediately adjacent to another lot or to an alley or other public right of way other than a street separating such side yard from another lot.
YARD, REAR: The portion of the yard on the same lot with the principal building, located between the rear line of the building and the rear lot line and extending for the full width of the lot; provided, that on a lot where an alley is dedicated at the rear of the lot, one-half (1/2) of the width of said alley may be included in the required rear yard depth.
YARD, SIDE: A yard extending along a side lot line. There are two (2) types of side yards: "interior side yards" and "corner side yards".
ZBA: Abbreviation for the zoning board of appeals.
ZONING LOT: See definition of Lot, Zoning. (Ord. 10-09, 8-17-2010; amd. Ord. 21-13, 4-6-2021)
Notes
| 1 | 1. 225 ILCS 10/2.09. |
| 2 | 2. 225 ILCS 10/2.18. |
| 3 | 1. 225 ILCS 57. |