For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. Having a common lot line or district line. Synonym for ADJACENT.
ACCESS WAY. A curb cut, ramp, driveway or other means for providing vehicular access to an off-street parking or loading area.
ACCESSORY USE. Any structure or use that is:
(1) Subordinate in size or purpose to the principal structure or use which it serves;
(2) Necessary or contributing to the comfort and convenience of the occupants of the principal structure or use served; and
(3) Located on the same lot as the principal structure or use served.
ADMINISTRATOR. The official appointed by the Mayor with the advice and consent of the Board of Trustees to administer this chapter, or his or her representative. Synonymous with ZONING ADMINISTRATOR.
AGRICULTURE. Any one or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture or animal/poultry husbandry. The term AGRICULTURE encompasses the farmhouse and accessory uses and structures customarily incidental to agricultural activities.
AISLE. A vehicular traffic way within an off-street parking area, used as a means of access/egress from parking spaces.
ALLEY. A public right-of-way which affords a secondary means of vehicular access to abutting premises that front on a nearby street.
ALTER. To change the size, shape or use of a structure.
AMENDMENT. A change in the provisions of this chapter (including the district map), properly effected in accordance with state law and the procedures set forth herein.
ANCHOR. Any approved device to which a mobile home is tied down to keep it firmly attached to the stand on which it is placed.
ASPHALTIC CONCRETE. A mixture of petroleum by-products and gravel used for paving to form a smooth, permanent surface. ASPHALTIC CONCRETE does not mean "oil and chip."
ATTACHED. As applied to buildings, having common wall and/or a common roof.
BILLBOARD. Any single or double-faced sign displaying messages or advertising not associated with the premises on which the sign is located or to which it is affixed.
BLOCK. An area of land entirely bounded by streets, highways, barriers or ways (except alleys, pedestrian ways or exterior boundaries of a subdivision unless exterior boundary is a street, highway or way), or bounded by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways or corporate boundary lines.
BOARD OF APPEALS. The Board of Zoning Appeals of the village.
BUFFER STRIP. An area of land undeveloped except for landscaping, fences and the like used to protect a use situated on one lot from the deleterious effects of the use on the adjacent lot.
BUILDING. Any covered structure permanently affixed to land and designed or used to shelter persons or chattels.
BUILDING HEIGHT. The vertical distance measured from the average grade at the front wall of a building to the highest point of the coping of a flat roof or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
BUILDING LINE. The line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the street right-of-way line.
BULK. Any one or any combination of the following structural or site design characteristics:
(1) Size or height structure;
(2) Location of exterior walls at all levels in relation to lot lines, streets or other structures;
(3) Lot area; and/or
(4) Yards or setbacks.
CENTERLINE.
(1) The centerline of any right-of-way having a uniform width;
(2) The original centerline, where a right-of-way has been widened irregularly; or
(3) The new centerline, whenever a road has been relocated.
CERTIFICATE OF ZONING COMPLIANCE, FINAL. A permit issued by the Administrator indicating that a lot, or newly completed structure or use complies with all pertinent requirements of this chapter and may, therefore, be occupied or used.
CERTIFICATE OF ZONING COMPLIANCE, INITIAL. A permit issued by the Administrator indicating a proposed lot, structure, or use is in conformity with the requirements of this chapter.
CLINIC. An establishment wherein licensed physicians or dentists practice medicine or dentistry, but where overnight lodging for sick or injured persons is not provided.
CLUB/LODGE. A nonprofit association of persons who are bonafide members organized for some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMMERCIAL USE/ESTABLISHMENT. Any use or establishment wherein goods are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).
CONFORMING. In compliance with the applicable provisions of this chapter.
CONVENIENCE SHOP. Any small retail commercial or service establishment offering goods/services primarily to the residents of a particular multiple-family complex, mobile home park or similar development.
CORRECTIVE ACTION ORDER. A legally binding order issued by the Administrator in accordance with the procedures set forth herein to effect compliance with this chapter.
DETACHED. As applied to buildings, surrounded by yards on the same lot as the building.
DEVELOP. To erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefor.
DIMENSIONS. Refers to both lot depth and lot width.
DISTRICT, ZONING. A portion of the territory of the village wherein certain uniform requirements or various combinations thereof apply to structures, lots and uses under the terms of this chapter.
DRIVEWAY. A minor way commonly providing vehicular access to a garage or off-street parking area.
DWELLING. A building or portion thereof designed or used primarily as living quarters for one or more families, but not including hotels, motels or other accommodations for the transient public.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof containing three or more dwelling units.
DWELLING, SINGLE-FAMILY. A dwelling containing one dwelling unit and intended for the occupancy of one family.
DWELLING, TWO-FAMILY. A dwelling containing two dwelling units.
DWELLING UNIT. One or more rooms designed or used as living quarters by one family. A DWELLING UNIT always includes a bathroom and a kitchen.
EASEMENT. A right to use another person's real property for certain limited purposes.
ENCLOSED. As applied to a building, covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls, with openings only for windows and doors.
ENLARGE. To increase the size (floor area, height and the like) of an existing principal structure or accessory use, or to devote more land to an existing use.
ERECT. To build, construct.
ESTABLISHMENT. Either of the following:
(1) An institutional, business, commercial or industrial activity that is the sole occupant of one or more buildings; or
(2) An institutional, business, commercial or industrial activity that occupies a portion of a building such that:
(a) The activity is a logical and separate entity from the other activities within the building and not a department of the whole; and
(b) The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.
EXISTING. Actually constructed or in operation on the effective date of this chapter.
FAMILY. One or more persons related by blood or marriage or adoption, or three unrelated persons living together as a single housekeeping unit in a single dwelling unit. A family may include domestic servants and two gratuitous guests whose residency is temporary. Total occupancy of any dwelling unit shall be limited by fire and health laws.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings. GROSS FLOOR AREA includes basement floors; attic floor space, halls, closets, stairwells; space devoted to mechanical equipment; and enclosed porches.
FREIGHT TERMINAL. As applied to motor carriers subject to the Ill. Rev. Stats., Ch. 95-1/2, Chapter 18, a station for commercial motor vehicles wherein the motor trucks are stored, repaired or parked.
FRONTAGE. The lineal extent of the front (street-side) of a lot or establishment.
GREENHOUSE. See NURSERY.
HEREAFTER. Any time after the effective date of this chapter.
HOME OCCUPATION. Any business, profession or occupation conducted for gain entirely within a dwelling or on residential premises in conformity with the provisions of this chapter.
IMMOBILIZE. As applied to a mobile home, to remove the wheels, tongue and hitch and/or to place on a permanent foundation.
INTERSECTION. The point at which two or more public rights-of-way (generally streets) meet.
JUNK YARD. A tract of land, including any accessory structures thereon, that is used for buying, selling, exchanging, storing, baling, packing, disassembling or handling waste or scrap materials. Scrap materials include vehicles, machinery and equipment not in operable condition (or parts thereof), and metals, glass, paper, plastics, rags and rubber tires. A lot on which three or more inoperable vehicles are stored shall be deemed a JUNK YARD. A JUNK YARD includes an automobile wrecking yard.
KENNEL. See § 90.52, Kennel Licensing.
LOADING SPACE. An off-street space used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
LOT. A tract of land intended as a unit for the purpose (whether immediate or future) of transfer of ownership or development. A LOT may or may not coincide with a "lot of record."
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lines of a lot.
LOT, CORNER. A lot having at least two adjacent sides that abut for their full length upon streets. Both such side lines shall be deemed front lot lines.
LOT COVERAGE. The portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.
LOT DEPTH. The average horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE, FRONT. The lot boundary abutting the street.
LOT LINE, REAR. An interior lot line which is most distant from and most nearly parallel to the front line.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. An area of land designated as a lot on a plat of subdivision recorded with the County Recorder of Deeds, in accordance with state law.
LOT SIZE REQUIREMENTS. Refers to the lot area, width and depth requirements of the applicable district.
LOT, THROUGH. A lot having a pair of approximately parallel lot lines that abut two approximately parallel streets.
LOT WIDTH. The mean horizontal width of a lot measured at right angles to the side lot lines at the building line.
MAINTENANCE. The routine upkeep of a structure, premises or equipment, including the replacement or modification of structural components to the extent necessary to keep the structure in sound condition.
MOBILE or PORTABLE MARQUEE. A term used to describe any sign designed to be moved from place to place, including (but not limited to) signs attached to wood or metal frames designed to be self-supporting and movable; or paper, cardboard or canvas signs wrapped around supporting poles.
MOBILE HOME. A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location or subsequent locations at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one or more persons, provided that any such structure resting on a permanent foundation with wheels, tongue and hitch permanently removed shall not be construed as a MOBILE HOME, but shall be an immobilized mobile home. A mobile home should not be confused with a camping trailer or recreational vehicle.
MOBILE HOME PARK. A parcel not less than five acres in area in single ownership/control, developed with facilities for accommodating occupied mobile homes in accordance with the requirements of this chapter.
MOBILE HOME SPACE. A portion of a mobile home park designed and improved for the placement of one mobile home and the private use of the occupants thereof.
MOBILE HOME STAND. The part of mobile home space beneath the mobile home that includes the concrete slab on which the home is placed and to which it is anchored.
MODULAR HOMES. Any detached single-family dwelling that is transported to the site where it will be permanently located in assembled form, and that fully complies with the adopted Building Code, if any.
MOTOR FREIGHT TERMINALS. See FREIGHT TERMINAL.
MOTOR VEHICLE REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service including body, frame or fender straightening or repair, and painting of vehicles.
MOTOR VEHICLE REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operations specified under MOTOR VEHICLE REPAIR, MAJOR.
NONCONFORMING. As applied to a lot, structure or use:
(1) Lawfully existing on the effective date of this chapter; but
(2) Not in compliance with the applicable provision thereof.
NUISANCE. Any thing, condition or conduct that endangers health, or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life.
NURSERY. A tract of land on which trees, shrubs, and other plants are raised for transplanting and/or sale, and including any structure in which the activities are conducted.
NURSERY SCHOOL. An establishment for the part-time care and/or instruction at any time of day of four or more unrelated children of pre-elementary school age.
NURSING HOME. A building used as a medical care facility for persons who need long-term nursing care and medical service, but do not require intensive hospital care.
OFFICE. Any building or portion thereof in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.
OVERLAY DISTRICT. A zoning district superimposed over one or more standard (primary) zoning districts or portions thereof for the purpose of controlling developmental problems caused by such factors as steep slopes, wet soils, flooding and the like.
PARKING AREA/LOT, OFF-STREET. Land that is improved in accordance with this chapter and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An OFF-STREET PARKING LOT, depending on the circumstances of its use. may be either a principal use or an accessory use.
PARKING LOT, COMMERCIAL. Land that is improved in accordance with this code shall be limited to automobiles and trucks one ton and under.
PARKING SPACE, OFF-STREET. An area at least 20 feet long and ten feet wide within an off-street parking area or garage, used for the storage of one passenger motor vehicle.
PERMITTED USE. Any use which is or may be lawfully established in a particular district(s), provided it conforms with all the requirements applicable to those district(s).
PERSON. Any individual, firm, association, organization or corporate body.
PREMISES. A lot and all the structures and uses thereon.
PRINCIPAL BUILDING/STRUCTURE/USE. The main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.
PROPERTY LINE. See LOT LINE.
PUBLIC UTILITIES. Utilities which are either government-owned or owned by an established firm serving a wide geographical area and/or a substantial number of persons.
RECONSTRUCT. As applied to nonconforming structures, to rebuild after damage or destruction.
RECREATIONAL VEHICLE. A term encompassing any type of vehicle used primarily for pleasure, such as travel trailers, motor homes, boats, snowmobiles and the like
REFUSE. Garbage (food wastes) and trash, but not sewage or industrial wastes.
RELOCATE. To move to another portion of a lot or to a different lot.
REPAIR. To restore to sound condition, but not to reconstruct.
RESTRICTIVE. Tending to keep within prescribed limits.
RETAIL. Refers to the sale of goods or services directly to the consumer rather than to another business.
RIGHT-OF-WAY, PUBLIC. A strip of land which the owner/subdivider has dedicated to the village or to another unit of government for streets and alleys.
ROOF LINE. A horizontal line parallel to the average ground level of a building along the front thereof, which line delineates the highest point of a flat roof; or where the flat surface area of a gable, hip, mansard or gambrel roof is in view from the ground level, the line of demarcation between the flat surface and the vertically structured facade; or the line along the front of a building delimiting the roof line between eaves and ridge for gable, hip, and gambrel roofs.
SCREENING. Trees, shrubs, walls, solid fences and the like used as a means of view and noise control.
SEMI-FINISHED MATERIALS. Materials which have been sufficiently processed at heavy industrial facilities so that they are no longer in their raw state but are readily usable by light industry for assembly or manufacture into consumer goods.
SERVICE BUILDING. A structure within a mobile home park or travel trailer park that contains toilet facilities, clothes washers and dryers, and, in some instances, a convenience store.
SERVICE STATION. A building and premises or portion thereof designed and used for the retail sale of gasoline or other automotive fuel, oil and automotive parts, supplies and accessories. A SERVICE STATION may include facilities for washing vehicles and for making minor automotive repairs.
SERVICE USE/ESTABLISHMENT. Any use or establishment where services are provided for remuneration either to individuals or to other firms.
SETBACK. The horizontal distance from the lot line in question to the side of the structure facing that lot line or to the edge of the area of operation of the principal use (in the case of a use which does not involve a structure).
SIGN. Any object, device, display or structure, or part thereof, used to advertise, identify, display or attract attention to a person, establishment, product, service or event by any means including words, letters, figures, designs, symbols, fixtures, colors, illumination and the like. The term SIGN includes but is not limited to every projecting sign, freestanding sign, window sign, awning, canopy, marquee sign; changeable copy sign; illuminated sign; moving sign; temporary sign; portable sign; pennants, banners, streamers, or any other attention-getting device; or other display whether affixed to a building or erected elsewhere on the premises. The term SIGN excludes features of a building which are an integral part of the building's design (e.g., the "castle-look" of a White Castle restaurant).
SIGN, CANOPY/MARQUEE. Any sign affixed to, painted on or suspended from an awning, canopy, marquee or similar overhang.
SIGN, FLUSH-MOUNTED. Any sign attached to or erected against a wall of a structure with the exposed face of the sign in a plane approximately parallel to the plane of the wall and not projecting more than 18 inches. A FLUSHMOUNTED SIGN displays only messages associated with the building to which the sign is attached.
SIGN, FREESTANDING. Any sign supported by one or more uprights, poles or braces placed in or upon the ground; or any sign supported by any structure erected primarily for the display and support of the sign; provided that a freestanding sign displays only messages associated with the premises on which the sign is situated.
SIGN, PROJECTING. Any sign which is suspended from or supported by a wall, awning, canopy, marquee and the like, and which is approximately perpendicular thereto. A PROJECTING SIGN displays only messages associated with the structure to which it is attached.
SIGN AREA. The entire area within a single continuous perimeter enclosing the extreme limits of the message and the background thereof, calculated in accordance with the provisions of this chapter.
SIGN AREA ALLOWANCE. The maximum total sign area of all signs that an establishment is permitted to display.
SKIRTING. The covering affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.
SPECIAL USE. A use that has unusual operational, physical or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. SPECIAL USES commonly must meet special standards not necessarily applicable to permitted uses in the district, and are allowed only by permit.
SPECIAL USE PERMIT. A permit issued in accordance with the provisions of this chapter to regulate development of a special use.
STOP ORDER. A type of corrective action order used by the Administrator to halt work in progress that is in violation of this chapter.
STREET. A public or private way for motor vehicle travel. The term STREET includes a highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, drive, court and similar designations, but excludes an alley or a way for pedestrian use only.
STREET, PRIVATE. Any street providing access to abutting property that is not maintained by and dedicated to the village or other public entity.
STRINGENT. Binding, exacting.
STRUCTURE. Anything constructed or erected on the ground, or attached to something having a fixed location on the ground. All buildings are structures, but not all structures are buildings.
TOPOGRAPHY. The relief features or surface configuration of an area.
USE. The purpose or activity for which land or a structure thereon is designed, arranged, intended, occupied or maintained.
USE VARIANCE. A type of amendment (not variance) that allows a use in a district where the use would not be allowed under existing provisions of this chapter.
UTILITY SUBSTATION. A secondary utility facility such as an electrical substation, gas regulation station, telephone exchange facility, sewage treatment plant and the like.
VACANT. As applied to a lot, that no structure is situated thereon.
VARIANCE. A relaxation of the strict application of the lot size, setbacks or other bulk requirements applicable to a particular lot or structure.
VILLAGE. Either the territory or the local government of the village.
WHOLESALE. Refers to the sale of goods or services by one business to another business.
WINDOW SIGN. Any sign visible from the exterior of a building or structure which is painted directly on the surface of a window or affixed to or suspended immediately behind the window for the purpose of informing the passerby of the identity of the proprietor or business, or of the product or service which can be obtained on the premises.
YARD. Open space that is unobstructed except as specifically permitted in this chapter and that is located on the same lot as the principal building.
YARD, FRONT. A yard which is bounded by the side lot lines, front lot line and the building line.
YARD, REAR. A yard which is bounded by side lot lines, 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 LINE. A line in a lot that is generally parallel to the lot line along which the yard in question extends and which is not nearer to the lot line at any point than the required depth or width of the yard.
ZONING MAP. The map(s) and any amendments thereto designating zoning districts, and incorporated into this chapter by reference.
(1994 Code, § 40-2-2)