In the construction of this title, the definitions contained herein shall be observed and applied, except when the context clearly indicates otherwise. The following definitions of word use shall apply:
A. Words used in the present tense shall include the future.
B. Words used in the singular number shall include the plural number and the plural the singular.
C. The word "shall" is mandatory and not discretionary.
D. The word "may" is permissive.
E. The word "lot" shall include the words "piece", "parcel" and "plot".
F. The phrase "used for" shall include the phrases "maintained for" and "occupied for".
G. The phrase "designed for" shall include the phrases "arranged for" and "intended for".
H. All "measured distances" shall be to the nearest foot. If a fraction is one-half foot (1/2') or less, the full number next below shall be taken.
ACCESSORY BUILDING OR STRUCTURE, ATTACHED: An accessory building or structure which is physically connected to the principal building or structure.
ACCESSORY BUILDING OR STRUCTURE, DETACHED: A subordinate building, structure or use which is located on the same zoning lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.
ACCESSORY BUILDING, STRUCTURE OR USE: A subordinate building, structure or use which is located on the same zoning lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.
ACCESSORY USE: A use incidental to the principal building, structure or use of land.
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 Cultivation Center" does not include facilities licensed under the Compassionate Use of Medical Cannabis Pilot Program (P.A. 98-122: 410 ILCS 130/1 et seq.) that provide only registered medical cannabis dispensing organizations with usable medical cannabis.
ADULT-USE CANNABIS DISPENSING ORGANIZATION OR DISPENSARY: 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 Dispensing Organization" does not include facilities licensed under the Compassionate Use of Medical Cannabis Pilot Program (P.A. 98-122; 410 ILCS 130/1 et seq.) that only provide cannabis and related products to qualified registered medical cannabis patients and designated caregivers.
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.
AMUSEMENT ESTABLISHMENT: An enterprise which provides one or more forms of entertainment.
ANIMAL GROOMING SERVICE: Any building, structure or portion thereof where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged.
ANIMAL HOSPITAL: A building, structure or portion thereof designed or used for the care, observation or treatment by veterinary professionals of dogs, cats or other household domestic animals. Use as a kennel shall be limited to short time boarding and shall be incidental to such hospital use.
ANTENNA: An arrangement of wires, metal rods or similar materials used for the transmission and/or reception of microwaves; radio waves, including, but not limited to, radio waves which carry the signals of television and radio stations; and other electromagnetic energy signals.
ANTENNA TOWER: Any structure designed for the purpose of mounting antenna.
APARTMENT HOTEL: A hotel in which at least ninety percent (90%) of the accommodations are occupied or intended for occupancy by permanent guests.
ARBOR: An entranceway or gateway that incorporates trellis walls typically not wider than a couple of feet. An arbor can be attached to a fence or freestanding.
ARCHITECTURAL STRUCTURE: An ornamental or decorative element that contributes to the aesthetic value of a property, excluding signs. These structures can be freestanding (e.g. arbor, trellis or pergola), attached to the principal or accessory structure, or incorporated into a fence, such as over and adjacent to a gate.
AREA: The measure of a horizontal plane bounded by the front, side and rear lot lines of a lot or parcel of land, but not including, any area occupied by the waters of a duly recorded lake or river.
AUTOMOBILE FUELING STATION: A building, structure or portion thereof used for dispensing, sale or offering for sale at retail to the public gasoline stored only in underground tanks, kerosene, lubricating oil, grease, and other such fuels for the operation of motor vehicles, which may or may not include a convenience store. Automobile fueling stations do not include truck stops/travel plazas which are commercial facilities that provide fuel, parking and other services primarily to semitrucks. A truck stop/travel plaza consists of a diesel fueling operation with at least five (5) fueling stations with bays wide enough and tall enough for semitrucks operated in combination with all or some of the following: convenience stores, semitruck parking, weighing scales, and restaurants.
AUTOMOBILE REPAIR FACILITY: A building, structure or portion thereof designed or used for the general repair, engine rebuilding, reconditioning, collision service, painting of motor vehicles and other such motor vehicle repairs.
AUTOMOBILE SERVICE STATION: A building, structure or portion thereof used for the sale and installation of tires, batteries and other minor accessories and services to motor vehicles, but not including general motor vehicle repairs, engine rebuilding, reconditioning, collision service, painting and other motor vehicle repairs and also not including truck stop/travel plaza. A truck stop/travel plaza consists of a diesel fueling operation with at least five (5) fueling stations with bays wide enough and tall enough for semitrucks operated in combination with all or some of the following: convenience stores, semitruck parking, weighing scales, and restaurants.
BASEMENT: That portion of a building or structure having more than one-half (1/2) of its height below lot grade.
BERM: A mound of dirt with a parabolic or prismatic shape, having a maximum four to one (4:1) side slope and which is used as a buffer between: a) residential zoning districts that are adjacent to commercial or industrial zoning districts, or b) major highways that are adjacent to residential zones.
BOARD: As referred to in this title is the planning and zoning commission (PZC).
BOARDING HOUSE: A residential building, structure or portion thereof which contains boarding rooms for rent accommodating persons who are not members of the owner's family and which is other than an apartment hotel, dormitory, hotel or motel.
BOARDING ROOM: A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom.
BUILDING: Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
BUILDING, NONCONFORMING: A building which lawfully exists upon the effective date hereof and which does not comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations, bulk regulations or off street parking and loading requirements of the zoning district in which said building is located by reason of the adoption or amendment of this title.
BUILDING, PRINCIPAL: The main building upon a lot or the building which houses the principal use of the premises.
BUILDING SETBACK LINE: The line perpendicular to the depth of the required front yard setback and parallel to a front lot line and/or street right of way line, whichever is greater, at which structures are permitted to be constructed and where "lot width" is measured.
BUILDING, TEMPORARY: A building not designed or intended for permanent human occupancy nor for the permanent protection of animals, chattels or property of any kind.
BULK: The term used to describe the size of buildings or structures and their relationships to each other and to open areas and lot lines and, therefore, includes:
A. The size of a building or structure; and
B. The area of the lot upon which a building or structure is located and the number of dwelling units within such building or structure in relation to the area of the lot; and
C. The shape of a building or structure; and
D. The location of exterior walls of a building or structure in relation to lot lines, to other walls of the same building or structure, to legally required windows or to other buildings or structures; and
E. All open areas relating to a building or structure and their relationship thereto.
CAR WASH: A building, structure or portion thereof containing facilities for washing motor vehicles by mechanical operation or by hand.
CARGO CONTAINER FACILITIES: Any site in which a principal use is the repair, maintenance, movement, storage, staging, or redistribution of cargo containers either on or off of a chassis, but does not include railroad operations that are subject to jurisdiction of the U.S. department of transportation surface transportation board.
CARGO CONTAINERS: An industrial, standardized reusable vessel that was:
A. Originally, specifically or formerly designed for or used in packing, shipping, movement or transportation of freight, articles, goods or commodities, and/or
B. Designed for or capable of being mounted or moved on a railcar, and/or
C. Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.
CATERING ESTABLISHMENT: A commercial kitchen up to seven thousand five hundred (7,500) square feet in area that must include retail services at the subject location such as providing for on-premises sale and/or consumption (e.g. dining room, banquet/party area) and/or space for instructional uses.
CELLULAR PHONE TOWER: Any high structure, dish or any related equipment used for signaling or telecommunications.
CELLULAR PHONE TOWER: Any high structure, dish or any related equipment used for signaling or telecommunications.
CHASSIS: As defined in Title 6, Chapter A-1.
CLINIC, MEDICAL OR DENTAL: A building, structure or portion thereof in which patients who are not lodged overnight are admitted for examination and treatment by one or more medical or dental practitioners.
CLUB: A nonprofit corporation or association of persons for the promotion of some common purpose, including, but not limited to, literature, science, politics and good fellowship.
COMMERCIAL KITCHEN: Kitchen space where foodservice providers prepare and store their food for off-premise consumption, including commissary (shared) kitchens or production bakeries. Commercial kitchens may include accessory retail services.
COMMISSION: The planning and zoning commission (PZC).
COMMUNITY RESIDENCE: A group home or specialized residential care home serving unrelated persons with disabilities and/or senior citizens in a family like atmosphere which is licensed, certified or accredited by the appropriate state, local or federal bodies. "Community residence" does not include a residence which serves persons as an alternative to incarceration for a criminal offense or persons whose primary reason for placement is substance abuse, alcohol abuse or for treatment of a communicable disease.
CONDITIONS AND RESTRICTIONS: Provisions and limitations which may be imposed upon a building, structure or parcel of land at the time the village board grants a variance, amendment or conditional use.
CONVALESCENT HOME: A building or structure which is used, designed or intended for the care of the aged or infirm or for those suffering bodily disorders and which does not contain the facilities nor render the services normally associated with a hospital.
DAYCARE CENTER: A facility which exclusively provides supplemental parental care and supervision and/or educational instruction to children during the entire or any portion of the day.
DAYCARE HOMES: Family homes which are properly licensed by the state of Illinois to receive up to a maximum of eight (8) children for less than twenty four (24) hours per day. The permitted number of children may be increased by the operator to twelve (12) at times when the school district in which the daycare home is located is not in session for the students. The numbers counted include the family's natural or adopted children and all other persons under the age of twelve (12).
DECIBEL: A logarithmic unit of measurement which defines the range of sound pressure levels (LP) between the minimum audible value at one thousand (1,000) cps and the maximum audible value of LP at which effects, other than hearing, begin to appear.
DISABILITY: A physical or mental impairment which substantially limits one (1) or more of a person's major life activities, impairs his ability to live independently or a record of having such an impairment, but such term does not include, current use of, or addiction to, alcohol and/or other drugs.
DISH ANTENNA: Any antenna which is parabolic, spherical or conical in configuration and design.
DISTRICT BOUNDARY LINE: A line which marks the separation between two (2) zoning districts.
DISTRICT, BUSINESS: Any one (1) of the following zoning districts: B-1, B-2, B-3, B-4 and OCI.
DISTRICT, INDUSTRIAL: Any one (1) of the following zoning districts: ORI, I-2 and I-3.
DISTRICT, RESIDENCE: Any one (1) of the following zoning districts: E-2, E-1, R-1-A, R-1, R-3, R-3-A, R-4, R-5, RMH, TCR-1 and TCR-2.
DISTRICT, ZONING: A portion of the corporate area of the Village within which certain regulations and requirements, or various combinations thereof, apply under the provisions of this title.
DORMITORY: A building or structure which provides lodging for students attending a school, college, university, educational facility or boarding school and which is operated by the school, college, university, educational facility or boarding school.
DRINKING ESTABLISHMENT: A building, structure or portion thereof where liquors are sold to be consumed on the premises, but not including, eating establishments where the principal use is serving food.
DRIVE-IN ESTABLISHMENT: A business which is operated for the sale and purchase at retail of food and other goods, services or entertainment and which is designed and equipped so as to allow patrons to be served or accommodated while remaining in their automobiles.
DRY CLEANING ESTABLISHMENT: A business which handles, on the premises, the washing, drying, dry cleaning and ironing of clothes, including pick up and delivery services.
DUMPSTER: Any container with a capacity greater than two (2) cubic yards and not more than thirty (30) cubic yards used for holding rubbish, garbage or other waste. No dumpster shall be greater than seventy two inches (72") in height, measured from the ground to the top of the tallest portion of the dumpster.
DUPLEX: A dwelling joined to one (1) other dwelling by a party wall, fire wall or vertical cavity wall and aboveground physically unifying horizontal structure elements.
DWELLING: A building, structure or portion thereof designed or used exclusively for residential occupancy, including single- family detached dwellings.
DWELLING, TWO-FAMILY: A detached or semidetached building or structure containing two (2) dwelling units designed for and occupied by two (2) families.
DWELLING UNIT: A room or group of rooms forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking and/or eating.
EATING ESTABLISHMENT: A building, structure or portion thereof within which food is offered for sale and which permits consumption within the building or structure.
FAMILY: Excepting domestic servants, any number of persons related by blood or marriage, or not to exceed six (6) persons not so related, using common cooking facilities and living and eating together on the premises as a single housekeeping unit but does not include: community residences, residences which serve as an alternative to incarceration for criminal offenses, residences whose primary purpose is to serve as a treatment or rehabilitation center for alcohol and/or substance abuse or communicable disease.
FARM ANIMAL: Any domestic animal, including but not limited to cattle, sheep, swine, goats, llamas, horses, donkeys and poultry, which are normally and have historically been kept and raised on farms in the U.S. Farm animals also include bees that produce honey.
FARM ANIMAL CONFINEMENT: Raising farm animals in restrictive, confined spaces, including but not limited to gestation crates, veal crates, and battery cages.
FARMING: The use of land for agricultural purposes including agriculture, beekeeping, floriculture, forestry, grazing of dairy animals, greenhouses, hatcheries, horticulture, nurseries, orchards, paddocks, truck farming, viticulture and raising of any farm animal, excluding farm animal confinement.
FENCE: Any structure, partition or enclosure of wood, stone, iron, aluminum, vinyl, landscaping, or other material, enclosing or dividing a piece of land.
Chain Link Fence: A fence constructed of chain link fabric (eleven (11) gauge or heavier) that is finished at all edges, including a top rail.
Decorative Fence : A fence used mostly for aesthetics which adds to the visual beauty of the property. Fifty percent (50%) or more of the square footage of the overall dimensions of the fence shall be open and unobstructed to vision, light and air when viewed perpendicular to the plane of the fence. (A woven wire, chain link, or cyclone type fence is not considered a decorative fence.)
Solid Fence: A fence in which more than fifty percent (50%) of the overall dimensions of the fence is solid and does not meet the definition of decorative fence. A solid fence is conventionally constructed of wood, vinyl, or masonry.
FLOOR AREA: The sum of the gross horizontal areas of the several floors of a building or structure measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings or structures. The "floor area" of a building or structure shall include: basement floor area, elevator shafts, stairwells, floor space used for mechanical equipment (except equipment open or enclosed located on the roof), penthouses, attic space having headroom of seven feet (7') or more, interior balconies, mezzanines, enclosed porches, floor area devoted to accessory uses, accessory storage areas located within selling or working space such as counters, racks or closets, and space devoted to retailing activities, to the production or processing of goods or to business or professional offices.
The term "floor area" shall not include any space devoted to off street parking or loading.
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 (10') in height shall equal one foot (1').
FLOOR AREA RATIO (FAR): The numerical value obtained by dividing the floor area within a building or structure on a lot by the area of such lot. The floor area ratio, as specified for each zoning district, when multiplied by the area of the lot in square feet, shall determine the maximum permissible floor area for the building or structure on the lot.
FRATERNITY: A building or structure which is used and occupied by a group of students attending a college or university and which provides domestic and social facilities and services thereto.
FREIGHT TERMINAL: A building, structure, parcel of land or portion thereof in which: a) freight is shipped by airplane, motor truck or railroad; or b) freight is received, assembled, sorted and/or rerouted for local, intrastate or interstate shipment.
FREQUENCY: Signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.
FRONTAGE: The line of demarcation between private property and that open to the general use of the public such as a street, alley, stream or park. When two (2) or more sides of a parcel of property face or abut upon streets, alleys, streams or parks, it shall be deemed to have frontage on all sides.
GARAGE: See PARKING GARAGE, ACCESSORY.
GARDENING: The practice of growing and cultivating plants, including but not limited to fruit, vegetables, herbs and flowers, not for commercial sale that may be located within an accessory greenhouse.
GATE: A movable frame or solid structure which swings, slides, or rolls controlling ingress and egress through an opening in a fence, wall, or vegetation.
GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
GUEST, PERMANENT: A person who occupies or has the right to occupy an apartment hotel accommodation as his domicile and place of permanent residence.
HEALTH AND FITNESS USES: Businesses with equipment and facilities for exercising and improving physical health. Examples of fitness uses include health clubs, gyms, yoga and pilates studios, martial arts facilities, dance and gymnastics studios, athletic and training facilities, swimming pools, wellness centers, and running tracks.
HEIGHT, BUILDING OR STRUCTURE: Height of a building or structure is the vertical distance from the sidewalk level, or its equivalent established grade, opposite the center of the front of a building or structure to the highest point of the coping, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip or gambrel roof. Where no sidewalk level has been established, the height of a building or structure may be measured from the mean elevation of the finished lot grade at the front of the building or structure.
HOME OCCUPATION: An accessory use of a dwelling unit which is utilized for gainful employment involving the manufacture, provision or sale of commodities and/or services by a member of the family who is residing in the dwelling unit in which the home occupation is being conducted.
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 condition and which permits overnight lodging for patients.
HOTEL: A building, structure or portion thereof which is used as a temporary abiding place, for remuneration, with or without meals, containing five (5) or more guestrooms or suites where no provision for cooking is made in any individual guestroom or suite and which provides maid, butler and linen service and which maintains a hotel register.
INSTITUTION: An establishment, society or corporation whether created for profit or nonprofit.
INSTITUTION, RELIGIOUS: A building or structure which is occupied by a religious nonprofit corporation or organization and which is operated for public or semipublic use, including, but not limited to, churches, synagogues, rectories and convents.
INSTRUCTIONAL USES: Businesses that focus on providing tutoring, individual instruction, or group classes in academics, fine arts, art, language, nutrition, technology, and life skills.
JUNKYARD: A parcel of land where waste, scrap, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, vehicles, and machinery in inoperable condition, paper, rags, rubber tires and bottles. The term "junkyard" includes automobile graveyards, automobile wrecking yards, house wrecking yards and storage areas and used lumberyards but does not include uses established entirely within enclosed buildings and structures.
KENNEL: A dwelling unit or a nonresidential building, structure, parcel of land or portion thereof in which four (4) or more dogs, cats or other household domestic animals are maintained, boarded, trained, cared for or kept for compensation, or are bred or raised for the purpose of sale, and are housed without continuous observation by veterinary professionals. A kennel shall include any facility operated or maintained by a duly incorporated humane society, animal welfare society or other nonprofit organization whose purpose is to provide for and promote the welfare, protections, adoption and humane treatment of animals.
LABORATORY: A building, structure or portion thereof which is devoted to experimental study such as testing and analyzing but not including the manufacturing of products for sale, either directly or indirectly.
LARGE COMMUNITY RESIDENCE: A community residence serving nine (9) to sixteen (16) persons with disabilities and/or senior citizens in a family like atmosphere.
LODGE: A nonprofit corporation or association of persons for the promotion of some common purpose, including, but not limited to, literature, science, politics and good fellowship.
LODGING HOUSE: A residential building, structure or portion thereof which contains lodging rooms for rent accommodating persons who are not members of the owner's family and which is other than an apartment hotel, dormitory, hotel or motel.
LOT: A parcel of land indicated as such upon a subdivision or assessment plat recorded in the office of the county recorder.
LOT, CORNER: A lot of which at least two (2) adjacent sides abut for their full lengths upon a street right of way. The point of intersection of the right of way lines is the "corner".
LOT, CORNER, REVERSED: A corner lot, the street side of lot of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT DEPTH: The average horizontal distance between the front lot line and the rear lot line measured along the side lot lines.
LOT LINE: A property boundary line of any lot, except where any portion of the lot extends into the abutting street or alley; the lot line shall be deemed to be the street or the alley line.
LOT LINE, CORNER SIDE: That boundary of a corner lot which abuts a street right of way but is not the front line.
LOT LINE, FRONT: That boundary of a lot which is along a street right of way. For landlocked or partially landlocked parcels of land, the front lot line is that lot line that faces the access to the lot.
LOT LINE, INTERIOR: A lot line which does not abut a street.
LOT LINE, REAR: That boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.
LOT LINE, SIDE: An interior lot line which is not a front lot line or a rear lot line. If it is located along a public street, it shall be deemed a corner side lot line.
LOT, THROUGH: A lot which fronts on two (2) parallel or approximately parallel streets and which is not a corner lot.
LOT WIDTH: The horizontal distance between the side lot lines measured at the front yard line as established by this title.
LOT, ZONING: A parcel of land indicated as such upon a subdivision or assessment plat recorded in the office of the county recorder.
MASSAGE THERAPY: As defined in Title 3, Chapter 9 of this Code.
MASSAGE USES: Businesses which provide massage therapy, including but not limited to acupuncture, reflexology, lymphatic drainage, cupping, and reiki in accordance with Title 3, Chapter 9 of this Code.
MINIWAREHOUSE AND SELF-STORAGE FACILITIES: A building or group of buildings containing one or more individual compartmentalized units rented or leased individually to tenants for dead storage of goods.
MOBILE HOME: A detached residential dwelling unit constructed on a temporary or permanent chassis that is transported after fabrication, arriving at the site where it is to be occupied as a year-round dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on permanent foundations, connections to utilities, and the like. Recreational vehicles and modular homes are not to be considered mobile homes.
MOBILE HOME LOT: Any portion of a mobile home park designed for use or occupancy of one mobile home.
MOBILE HOME PARK: A parcel or tract of land subdivided, either officially through a Final Plat of Subdivision or unofficially by use, into mobile home lots and developed with facilities for locating mobile homes.
MODEL HOME: A building or structure which is used as an example of the type of dwelling unit which may be purchased or rented.
MODULAR HOME: A detached residential dwelling unit constructed in a factory and built according to the International Residential Code (IRC) that is transported to the site where it is to be occupied as a year-round dwelling and not intended to be moved once erected or installed. Minimal assembly is required onsite, including but not limited to placement on a permanent foundation and connecting the modular sections resulting in a home that is indistinguishable from site-built homes.
MOTEL: A series of attached, semiattached or detached guestrooms or suites for the accommodation primarily of automobile transient guests which does not include individual cooking or kitchen facilities and which provides the unit with convenient access to off street parking spaces for the exclusive use of the guests or occupants of the premises.
MOTOR VEHICLE: Any self-propelled wheeled conveyance that does not run on rails and that carries passengers, goods and equipment.
NURSING HOME: A building or structure which is used, designed or intended for the care of the aged or infirm or for those suffering bodily disorders and which does not contain the facilities nor render the services normally associated with a hospital.
OCTAVE BAND: A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
ODOR THRESHOLD: The minimum concentration of odorous matter in the air that can be detected as an odor.
OFF STREET PARKING OR LOADING FACILITY: A building, structure, parcel of land or portion thereof which provides off street parking spaces or off street loading berths and including accessways, driveways and aisles and which is either a principal or accessory use.
OFF STREET PARKING SPACE OR LOADING BERTH: An open, hard surfaced area of land, other than a right of way, an access, a driveway or an aisle, and the principal use of which is for the standing, loading and unloading of motor vehicles.
OPACITY: The quality or state of an object that renders it impervious to the rays of light; the degree of nontransparency.
OPEN SPACE: That portion of a lot or parcel of land unoccupied by buildings, structures, rights of way and off street parking or loading facilities.
PARKING GARAGE, ACCESSORY: An accessory building or structure or an accessory portion of the principal building or structure which is intended and used for the storage of private motor vehicles owned by members of the family or families residing upon the premises or by the owners or patrons of the business or industrial uses.
PARKING GARAGE, PRINCIPAL: A principal building or structure which is intended and used for the storage of motor vehicles pursuant to previous arrangements or to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold.
PARKING LOT, ACCESSORY: An open, hard surfaced area, other than a right of way, which is accessory to the principal use of the lot and which is intended and used for the storage of private motor vehicles owned by members of the family or families residing upon the premises or by the owners, employees or patrons of the business or industrial uses.
PARKING LOT, PRINCIPAL: An open, hard surfaced area, other than a right of way, which is the principal use of the parcel of land and which is intended and used for the storage of motor vehicles pursuant to previous arrangements or to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold.
PARKING, RESERVOIR: Off street parking spaces allocated to motor vehicles awaiting entrance to a drive-in establishment.
PARTICULATE MATTER: Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid such as dust.
PERFORMANCE STANDARDS: Criteria established to control noise, odor, glare, exterior lighting, vibration, smoke, particulate matter, gases, fire and explosion hazards and wastes generated by or inherent in uses of buildings, structures or land.
PERGOLA: A structure consisting of vertical structural elements that support an open roof of girders and cross rafters. Pergolas can be attached to the principal structure or can be freestanding.
PERSON: Any individual, partnership, joint venture, corporation or other legal entity.
PERSONAL CARE USES: Businesses which provide non-medical grooming services to individuals as a primary use including hair care, nail care, esthetics, tanning, hair removal, and lashes.
PET SHOP: A retail shop primarily engaged in the business of selling domestic animals (such as dogs, cats, fish, birds and reptiles), which are bred by others, and pet care, training and feeding supplies. A pet shop may include incidental services of veterinary care, grooming, daycare, boarding and training where such services do not exceed twenty five percent (25%) of the gross floor area of the building, structure or premises and outdoor areas are not present.
PILOT PLANT: A building or structure used for the testing of commercial or industrial processes and products and for the manufacturing of products for testing purposes.
PLANNED UNIT: A parcel of land which is of sufficient size to create its own environment and which is under single ownership or unified control and which may be granted waivers from specific land use regulations and design standards in order to accomplish the purposes of the planned unit development regulations as specified in chapter 11 of this title.
PORTABLE STORAGE CONTAINER: Any structure designed and intended to be moved from one location to another with or without its own frame and chassis that is intended for the temporary storage of personal property.
PREMISES: A parcel of land and all buildings and structures thereon.
PROPERTY LINES: The lines bounding a lot.
PUBLIC OR PRIVATE UTILITY FACILITY: A building, structure or use of land which provides, under public regulations, electricity, gas, steam, telephone, communications, transportation, sewer or water and which is operated by a person, firm or corporation authorized to furnish such services.
RECREATIONAL FIRE PIT: An earthen or masonry pit with sidewalls or a device designed to contain a fire not exceeding three feet (3') in diameter and two feet (2') in height.
RECREATIONAL VEHICLE: As defined in Title 6, Chapter A-1.
RETAIL, GENERAL: The general sale of commodities in small quantities to the consumer.
RIGHT OF WAY: Any existing or dedicated sidewalk, street, alley, highway or other thoroughfare.
RINGELMANN CHART: A chart which is described in the U.S. bureau of mines information circular 8333 and on which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke and smoke density.
RINGELMANN NUMBER: The number of the area on the Ringelmann chart that coincides most nearly with the visual density of emission or the light obscuring capacity of the smoke.
ROOMING HOUSE: A residential building, structure or portion thereof which contains rooms for rent accommodating persons who are not members of the owner's family and which is other than an apartment hotel, dormitory, hotel or motel.
RUBBISH CONTAINER: Any containers used for holding rubbish, garbage or other waste with a capacity no greater than two (2) cubic yards, except that no container with a capacity of fifty (50) gallons or less shall be considered a rubbish container. No rubbish container shall be greater than fifty inches (50") in height, measured from the ground to the top of the tallest portion of the rubbish container.
SANATORIUM: 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 condition and which permits overnight lodging for patients.
SCHOOL, COLLEGE OR UNIVERSITY: An institution of higher education accredited by a regional organization or authorized by the state to issue baccalaureate, graduate and professional level degrees.
SCHOOL, K-12: An institution, either public or private, which offers elementary, junior high or high school level basic, state-mandated education, including ISBE approved therapeutic day schools and schools serving students with special needs twenty one (21) years of age or younger.
SCHOOL, NURSERY OR PRESCHOOL: An educational establishment or learning space offering early childhood education to children before they begin compulsory primary school education.
SCHOOL, TRADE OR VOCATIONAL: A school which offers instruction in skilled subjects such as typing, shorthand, business machines, carpentry, drafting and automobile mechanics.
SENIOR CITIZENS: Persons who are age sixty two (62) or older and spouses of such persons.
SERVICES, GENERAL: The business or occupation of doing work for others for a fee such as shoe repair or clock repair.
SHED: A small structure, of less than 150 square feet, intended for storage.
SHOPPING CENTER: An integrated and harmonious design of a building or structure or buildings or structures in which is located a group of business enterprises and which has adequate and properly arranged facilities for internal traffic circulation, collective off street parking and loading facilities, landscaping and other features and facilities common to shopping center developments. A shopping center is usually, but not necessarily, planned, developed, owned or managed as a unit.
SHORT-TERM RENTAL: A single-family dwelling, or a residential dwelling unit in a multi-unit structure, condominium, cooperative, timeshare, or similar joint property ownership arrangement that is rented for a fee for less than 30 consecutive days. Provided, however, that Short-Term Rental does not include a rental agreement executed pursuant to, or in conjunction with, a contract to sell where the seller of the dwelling or dwelling unit will remain in possession of the real estate.
SMALL COMMUNITY RESIDENCE: A community residence serving eight (8) or fewer persons with disabilities and/or senior citizens in a family like atmosphere.
SMOKE: The visible discharge from a chimney, stack, vent, exhaust or combustion process which consists of particulate matter.
STORAGE, DEAD: The storage of furniture, files, or other unused or seldom used items in a warehouse or other location for an indefinite period of time.
STORY: That part of a building or structure between any floor and the floor next above and if there be no floor above, then the ceiling above. A basement is a story if its ceiling is four feet (4') or more above the level from which the height of the building or structure is measured.
STORY, HALF: That portion of a building or structure under a gable, hip or mansard roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four and one-half feet (41/2') above the finished floor of each story.
STRUCTURAL ALTERATION: Any change, other than incidental repairs, which prolongs the life of the supporting members of a building or structure such as the addition, removal or modification of bearing walls, columns, beams, girders or foundations.
STRUCTURE: An object which is constructed or erected and which requires permanent location on the land or attachment to an object having permanent location on the land. The term "structure" is intended to include, but not be limited to, such objects as buildings, fences, parking lots, concrete or asphalt slabs, decks and patios.
STRUCTURE, NONCOMPLYING: A structure which exists upon the effective date hereof and which does not comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations, bulk regulations or off street parking and loading requirements of the zoning district in which said structure is located by reason of the adoption or amendment of this title.
STRUCTURE, PRINCIPAL: A building or structure in which a principal use is conducted.
STRUCTURE, TEMPORARY: A structure not designed or intended for permanent human occupancy nor for the permanent protection of animals, chattels or property of any kind.
TATTOO, TATTOOED, OR TATTOOING: As defined in Title 3, Chapter 12 of this Code.
TATTOO USES: Businesses which offer tattooing in accordance with Title 3, Chapter 12 of this Code.
TRELLIS: A frame of latticework without posts or a roof that provides support for climbing plants.
USE: The purpose or activity for which the land or building or structure thereon is designed, arranged or intended, or for which it is occupied or maintained.
USE, CONDITIONAL: A use which, because of its unique characteristics, may be allowed in a specified zoning district permitting it as a conditional use, only after special consideration of its impact upon neighboring land and of public need for the use at the particular location.
USE, NONCONFORMING: The use of any building, structure or parcel of land which lawfully is occupied and maintained upon the effective date hereof and which does not conform to the use regulations of the zoning district in which the use is located by reason of the adoption or amendment of this title.
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 such zoning district.
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 conditional use.
USE, TEMPORARY: A use of a building, structure or parcel of land which is impermanent and in existence for a limited amount of time.
VACANT LOT: A lot which is not occupied or put to use.
VARIANCE: A waiver of the terms of the zoning regulations where, due to conditions peculiar to the property, a literal enforcement of the regulations would result in unnecessary and undue hardship.
VIBRATION: A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium when the equilibrium has been disturbed.
VIOLATION: The act of disregarding, disobeying, neglecting, omitting or refusing to comply with the regulations or enforcement of this title.
VISION TRIANGLE: A triangular area determined by a diagonal line connecting two (2) points measured along the backs of street curbs, driveways, or property lines (as described in Section 10-3-14 of this Title) wherein the installation and maintenance of buildings, fences, other structures and landscaping is restricted so as not to restrict the vision of drivers or motor vehicles.
WELLNESS CENTER: A place that provides treatments and/or services that aim to improve both physical and mental well-being that primarily focus on health and fitness uses but can also incorporate massage, instructional, personal care and tattoo uses as accessory uses.
YARD: An open space required by the provisions of this title which is located at grade between a building or structure and the adjoining lot lines and which is unobstructed or unoccupied by any portion of a building or structure from the ground upward, except as provided in section 10-3-3 of this title.
Yard, Corner Side: A yard which is bounded by the front yard line, corner side yard line, rear yard line and corner side lot line.
Yard, Front: A yard which extends across the lot and which is bounded by the side lot lines, the front lot line and the front yard line.
Yard, Interior Side: A yard which is bounded by the front yard line, interior side yard line, rear yard line and side lot line.
Yard Line, Corner Side: A line which is parallel to the corner side lot line and which is not nearer to the corner side lot line at any point than the required corner side yard depth.
Yard Line, Front: A line which extends across the lot and is parallel to the front lot line which is not nearer to the front lot line at any point than the required front yard depth.
Yard Line, Interior Side: A line which is parallel to the interior side lot line and which is not nearer to the interior side lot line at any point than the required interior side yard depth.
Yard Line, Rear: A line which extends across the lot and is parallel to the rear lot line and which is not nearer to the rear lot line at any point than the required rear yard depth.
Yard, Rear: A yard which extends across the lot and which is bounded by the side lot line, and the rear lot line and the rear yard line.
Yard, Side: A yard which is bounded by the rear yard line, front yard line, side yard line and side lot line.
Yard, Transitional: A yard which is provided on a lot in an industrial district which abuts a lot in a residence district.
ZONING DISTRICT MAP: The map incorporated herein by reference which designates zoning districts.
ZONING OFFICER: The person designated by subsection 10-12-1B of this title as the officer responsible for enforcing and administering all requirements of this title. (Ord. 93-695, 6-15-1993; amd. Ord. 95-824, 11-28-1995; Ord. 97-884, 9-9-1997; Ord. 98-916, 11-24-1998, eff. 1-12-1999; Ord. 00-1008, 9-26-2000; Ord. 02-1129, 10-8-2002; Ord. 06-1373, 7-25-2006; Ord. 08-1473, 4-8-2008; Ord. 12-1666, 7-24-2012; Ord. 12-1667, 7-24-2012; Ord. 13-1704, 6-11-2013; Ord. 14-1748, 10-28-2014; Ord. 17-1842, 4-11-2017; Ord. 19-1958, 12-10-2019; Ord. 20-1978, 7-14-2020; Ord. 20-1982, 8-25-2020; Ord. 20-1988, 9-22- 2020; Ord. 22-2031, 1-11-2022; Ord. 23-2082, 11-28-2023)