A. Applicability: The rules and definitions contained in this chapter shall be observed and applied except when the context clearly indicates otherwise.
B. Rules: The following rules shall apply to the text of this title:
1. Words used in the present tense shall include the future.
2. Words used in the singular number shall include the plural number, and the plural the singular.
3. The words "shall" and "will" are mandatory and not discretionary.
4. The word "may" is permissive.
5. The masculine gender includes the feminine and neuter.
6. The word "person" means an individual, association, corporation, estate, joint venture, partnership, trustee or other legal entity capable of holding title to real property.
7. Whenever a word or term defined appears in the text of this title, its meaning shall be construed as set forth in the definition, and any word appearing in parentheses directly after a word defined shall be construed in the same sense as the word.
8. The word "building" includes "structure"; "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include the word "intended, arranged, or designed to be used or occupied".
9. Terms not herein defined shall be defined as specified in "Webster's New Collegiate Dictionary", 1997 edition. (Ord. 2002-01-15B, 1-15-2002)
The following definitions shall apply in the interpretation and enforcement of this title:
ABUT: To physically touch, border upon, or share a common property line.
ACCESS: A way or means of approach to provide physical entrance to a property.
ACCESS POINT: The location of the intersection of a highway or street or driveway with the highway.
ACCESSORY BUILDING: A building which is subordinate in area, extent and purpose to the principal building on the same zoning lot. Accessory buildings may include, but are not limited to, a detached garage or shed.
ACCESSORY STRUCTURE: A structure which is subordinate in area, extent and purpose to the principal building on the same zoning lot. Accessory structures may include, but are not limited to, decks, off street parking facilities or fences.
ACCESSORY USES: A use that is customarily incidental and subordinate to the principal use of a lot or building located on the same zoning lot.
ADDITION, BUILDING: For the purposes of this title, "building addition" shall be defined as follows:
A. A structure added to the original structure or building at some time after the completion of the original structure or building; and
B. An extension or increase in either the floor area or the height of a building or structure.
ADJACENT: Lying near or in the immediate vicinity.
ADJOINING: Touching, or contiguous.
ADULT BOOKSTORE: An establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities", or "specified anatomical areas"; or an establishment with a segment or section devoted to the sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.
ADULT DAYCARE CENTER: An establishment providing daily structured programs in a community setting with social or recreational activities, health related, and rehabilitation services to adults and seniors who are physically or emotionally disabled and need a protective environment. This care is provided for during the day, the individual returning home for the evening.
ADULT ENTERTAINMENT CABARET: A public or private establishment which:
A. Features topless dancers, strippers, "go-go" dancers, male or female impersonators, lingerie or bathing suit fashion shows;
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 features entertainers who engage in, or are engaged in explicit simulation of, "specified sexual activities".
ADULT MOTION PICTURE THEATER: A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
ADULT SAUNA: An establishment or place primarily in the business of providing a steam bath and/or massage services, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ADULT USE: Adult bookstores, adult motion picture theaters, adult entertainment cabarets, adult saunas, massage parlors, and other similar uses.
AFFORDABLE: A sales price or rent within the means of a low or moderate income household, as defined by state or federal legislation.
AGE RESTRICTED DEVELOPMENT: A development in which at least one member of the household is a senior in one hundred percent (100%) of the occupied dwellings and no permanent residents are minors.
AGRICULTURAL BUILDING OR STRUCTURE: Any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.
AGRICULTURE: The use of land for agricultural purposes, including: farming, dairying, pasturage, apiculture (beekeeping), horticulture, floriculture, viticulture and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Agriculture shall not include the commercial feeding of garbage or offal to swine or other animals.
AIRPORT: A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.
AISLE: The traveled way by which cars enter and depart parking spaces.
ALLEY: A public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property. Frontage on the alley shall not be construed as satisfying the requirements of this title related to frontage on a dedicated street. See definition of frontage.
ALTERATION: A change in the size, shape, character, occupancy or the use of a building or structure.
AMENITY: A natural or created feature that enhances the aesthetic quality, visual appeal, or makes more attractive or satisfying a particular property, place, or area.
AMERICANS WITH DISABILITIES ACT: A 1990 Federal law designed to bring disabled Americans into the economic mainstream, by providing them equal access to jobs, transportation, public facilities, and services.
AMORTIZATION: A method of eliminating nonconforming uses by requiring the termination of a nonconforming use after a specified period of time.
AMUSEMENT FACILITY OR ARCADE: An area or structure, open to the public, which contains coin operated games and similar entertainment and amusement devices.
AMUSEMENT PARK: An outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for shows and entertainment, and restaurants and souvenir sales.
ANCHOR TENANT: A major store in a shopping center. See definition of shopping center.
ANIMAL HOSPITAL: A place where domestic animals are given medical care, and the boarding of animals is limited to short term care that is incidental to the hospital use. Also known as veterinary hospital.
ANTENNA: An apparatus, external to or attached to the exterior of a building, together with any supporting structure for sending or receiving electromagnetic waves.
APPLICANT: The owner, contract purchaser or designated legal representative who proposes to file a request for appeal, variation, special use permit, or amendment pursuant to the provisions of this title or, a person submitting an application for development. Consent shall be required from the legal owner of the premises.
ARCHITECTURAL CONTROL: Public regulation of the design of private buildings to preserve, enhance, or develop the character of a particular area.
ARCHITECTURAL LIGHTING: Outdoor lighting directed at buildings, facades, structures, monuments, landscape elements, and other architectural features.
ASSISTED LIVING FACILITY: A facility that provides sleeping accommodations and community based residential care for at least three (3) unrelated adults (at least 80 percent of whom are seniors) 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 scheduled and unscheduled needs of a resident, and is licensed through the Illinois Department of Public Health.
ASSOCIATION, HOMEOWNERS': A private association consisting of the residents of a residential building, planned development or subdivision, that is organized to own, maintain, and operate common facilities and to enhance and protect their common interests.
AT GRADE: See definition of grade, natural.
ATTACHED DWELLING UNIT: A one-family dwelling that is attached to two (2) or more one-family dwellings by common vertical walls.
ATTENTION GETTING DEVICE: A device designed or intended to attract attention by noise; sudden, intermittent, or rhythmic movement; or physical change or lighting change, such as banners, flags, streamers, balloons, propellers, searchlights, and flashing lights.
AUTOMATIC CAR WASH: A structure containing facilities for washing automobiles that includes the automatic or semiautomatic application of cleaner, brushes, and rinse water.
AVERAGE SETBACK: The mean setback of buildings, on both sides of a lot, from a street right-of-way.
AWNING: A rooflike cover that is temporary or portable in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and is periodically retracted into the face of the building.
BANQUET HALL: An establishment, the principal use of which is to serve food or beverages to groups that have reserved the establishment’s facility or facilities before the day of the event, for banquets, meetings, weddings, and other similar functions, for the group’s members and any guests of the groups’ members, to which the general public is not admitted. A general admission fee or any other monetary donations (payment at the door to the general public) for entrance is prohibited, with the exception of fundraisers or events for bona fide non-profit organizations, places of worship, fraternal organizations or educational facilities.
BAR: See definition of drinking establishment.
BASEMENT: A story partly or wholly underground. Where more than one-half (1/2) of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes of measuring height.
BED AND BREAKFAST GUESTHOUSE: An owner occupied dwelling providing not more than five (5) rooms for overnight accommodations to the public and, if so desired, breakfasts may be served to the guests thereof. Rental is on a transient basis for a fee.
BEDROOM: A private room planned and intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom.
BERM: A mound of earth, or the act of pushing earth into a mound, used to screen or adorn the perimeter of a lot or development along a public right of way. Often naturalistic and meandering in nature. A berm may be constructed to create an aesthetic border for a property.
BLOCK: A unit of land bounded by streets or by a combination of streets and public land, railroad rights of way, waterways, or any other barrier to the continuity of development.
BOARDING HOME FOR SHELTERED CARE: A nonprofit or for profit boarding home for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services and transportation, excluding uses permitted in the senior residential district.
BOARDING HOUSE: A dwelling unit or part thereof in which, for compensation, lodging and meals are provided, excluding uses permitted in the senior residential district.
BOARDING STABLE: A structure designed for the feeding, housing and exercising of horses that are generally not owned by the owner of the premises, but for which the owner of the premises receives compensation.
BOUNDARY LINE: A line on the zoning district map designating the edge of a use district. Such a boundary line may be a boundary line for two (2) use districts, depending upon the particular use district located on each side of the line.
BUILDABLE AREA: The area of a lot remaining after the minimum yard and open space requirements of this zoning ordinance have been met.
BUILDING: Any structure that has a roof supported by columns or walls and is intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
BUILDING COVERAGE: The ratio of the footprint of a building on a lot (or the sum of the footprint of all principal and accessory buildings) to the total lot area. For the purpose of this title, the footprint of a building shall be measured from the outside of the exterior walls of the ground floor of a principal or accessory building or buildings.
BUILDING HEIGHT: "Height" shall be defined as the vertical distance measured from grade to the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs. Chimneys, towers, spires, steeples, elevator penthouses, cooling towers, cupolas and other similar projections shall not be included in determining building height.
BUILDING LINE: See definition of Setback Line.
BUILDING MASS: The height, width, and depth of a structure.
BUILDING, NONCONFORMING: Any building which does not conform to the regulations of this title prescribing the use, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located.
BUILDING PERMIT: Written permission issued by the Village of Sugar Grove, through the zoning official, for the construction, repair, alteration or addition to a structure.
BUILDING, PRINCIPAL: A nonaccessory structure in which the principal use of the zoning lot, on which it is located, is conducted.
BUILDING SCALE: The relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings.
BUILDING SETBACK LINE: The line parallel to the front lot line at a distance equal to, or greater than, the depth of the required front yard for the zoning district in which the lot is located.
BUILDING, TEMPORARY: Any building not permanently affixed to the land.
BUILDING, UNIT GROUP: Two (2) or more buildings (other than dwellings) grouped on a lot and held under one ownership, such as universities, hospitals, institutions, churches and temples, and industrial plants and shopping centers.
BULK: The term used to indicate the size and setbacks of buildings or structures, and the location of same with respect to one another, that includes the following:
A. Size and height of building.
B. Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings.
C. Gross floor area of buildings in relation to lot area (floor area ratio).
D. All open spaces allocated to building.
E. Amount of lot area provided per dwelling unit.
BULK PLANT: Any place where flammable liquids of ten thousand (10,000) gallons or more are received by tanker, barge, pipeline, tank car, tank vessel or truck and are stored or blended in bulk for the purpose of distributing such liquids by tank truck, pipeline, tank car, tank vessel or container.
BULK REGULATIONS: Standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within the building can be located, including coverage, setbacks, height, floor area ratio, and yard requirements.
BUSINESS OR COMMERCE: The engaging in the purchase, sale, barter, or exchange of goods, wares of merchandise, or the maintenance or operation of offices or recreational or amusement enterprises.
BUSINESS PARK: A unified development consisting of a variety of light industrial, warehousing, wholesale and office uses, in a campuslike setting, which will promote and maintain desirable economic activities.
CALIPER: The diameter of a tree trunk, measured six inches (6") from grade for trees up to four inches (4") in diameter, and twelve inches (12") for larger diameter trees. Caliper is generally associated with nursery stock for new plantings.
CAMPER: Any individual who occupies a campsite or otherwise assumes charge of, or is placed in charge of, a campsite.
CAMPGROUND: A plot of ground upon which two (2) or more campsites are located, established or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes.
CAMPING UNIT: Any trailer, cabin, lean-to, recreation vehicle, or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education, or vacation purposes.
CAMPSITE: Any plot of ground within a campground intended for exclusive occupancy by a camping unit or units under the control of a camper.
CAMPUS: The grounds and buildings of a public or private college, university, school, institution, or group of businesses.
CANOPY: See definition of awning.
CAPACITY IN PERSONS: The maximum number of persons that can avail themselves of the services (or goods) of an establishment, at any one time, with reasonable comfort and safety.
CARPORT: A roofed automobile shelter with one or more open sides.
CELLAR: A space with less than one-half (1/2) of its floor to ceiling height above the average finished grade of the adjoining ground, or with a floor to ceiling height of less than six and one-half feet (61/2'). A cellar shall not be counted as a story for the purpose of height measurement.
CERTIFICATE OF OCCUPANCY: A document issued by the zoning official that allows the occupancy or use of a building and certifies that the structure or use has been constructed and will be used in compliance with all applicable Municipal ordinances.
CERTIFICATE OF ZONING: A document issued by the zoning official certifying that the building or use has been constructed or will be used in compliance with this title.
CHANGE OF USE: Any use that substantially differs from the previous use of a building or land.
CHILDCARE CENTER: An establishment providing for the care, supervision, and protection of children.
CLINIC, MEDICAL OR DENTAL: An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers, and where patients are not lodged overnight.
CLUB: A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution and bylaws.
CLUSTER SUBDIVISION: A form of development in which individual lots are clustered, grouped, or arranged so as to achieve a more flexible site design for the purpose of:
A. Providing more usable open space; and
B. Protecting sensitive natural areas and features.
COHABITATION: Households that contain two (2) unrelated adults.
COMMERCIAL GREENHOUSE: A structure in which plants, vegetables, flowers and similar materials are grown for sale. See definition of greenhouse.
COMMERCIAL USE: Activity involving the sale of goods or services carried out for profit.
COMMISSION: For the purpose of this title, "commission" shall refer to the Planning Commission/Zoning Board of Appeals of the Village of Sugar Grove. See definition of Planning Commission/Zoning Board of Appeals.
COMMON OPEN SPACE: See definition of open space, common.
COMMON OWNERSHIP: Ownership by one or more individuals of two (2) or more contiguous lots.
COMMUNITY CENTER: A building used for recreational, social, educational, and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency.
COMMUNITY CHARACTER: The image of a community or area as defined by such factors as its built environment, natural features and open space elements, type of housing, architectural style, infrastructure, and the type and quality of public facilities and services.
COMMUNITY RESIDENCES FOR THE DEVELOPMENTALLY DISABLED (CRDD): A residential facility, licensed by the State, providing food, shelter, and personal guidance, with supervision, to developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community and shall include group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels.
COMPACT CAR: Any motor vehicle that does not exceed fifteen feet (15') in length, bumper to bumper, and five feet nine inches (5'9") in width.
COMPREHENSIVE LAND USE PLAN: The plan for the long range growth and development of the Village of Sugar Grove, including graphic and written proposals, as formally adopted and amended from time to time by the Sugar Grove Planning Commission/Zoning Board of Appeals and Village Board.
CONCEPT PLAN: A site plan of sufficient accuracy to be used for the purpose of discussion and classification of types, location, and intensity of uses.
CONDITIONAL USE: See definition of special use.
CONDITIONS OR RESTRICTIONS: Provisions and limitations which may be imposed on a building, structure, parcel of land or use at the time the Village Board grants approval of a map amendment, planned development or special use.
CONDOMINIUM: A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.
CONDOMINIUM ASSOCIATION: The community association that administers and maintains the common property and common elements of a condominium.
CONGREGATE HOUSING: Apartments and dwellings with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services, and other support services appropriate for the residents, excluding uses permitted in the senior residential district.
CONGREGATE HOUSING, SENIOR: Senior apartments and dwellings otherwise similar to senior independent housing but with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services, and other support services appropriate for the residents.
CONSERVATION AREA: A parcel or parcels of land designated, designed and maintained for outdoor activities and maintained in a naturalistic state, or designated for planned management to prevent exploitation, destruction, or neglect of the natural resources contained therein.
CONTIGUOUS: Next to, abutting, touching and having a boundary, or portion thereof, which is coterminous.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC): An age restricted development that provides a continuum of accommodations and care, from independent housing, to congregate housing, to assisted living, to skilled nursing and enters into contracts to provide lifelong care.
CONVENIENCE STORE: Any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods for off site consumption.
CONVENTION FACILITY: A building or portion thereof designed to accommodate one hundred (100) or more people in assembly.
COOP: A roofed building used to house hens.
CORNER LOT: See definition of lot, corner.
CORRELATED COLOR TEMPERATURE (CCT): Measured in degrees Kelvin (K) used as a simplified way to characterize the spectral properties of a light source and estimate the overall appearance of the light to the human eye.
COUNTRY CLUB: Land area and buildings containing golf courses, recreational facilities, a clubhouse, and customary accessory uses, open only to members and their guests.
COURIER SERVICES: Establishments primarily engaged in the delivery of individually addressed letters, parcels, and packages, except by means of air transportation or by the United States Postal Service.
Delivery is usually made by street or highway within a local area or between cities.
COURT: Any open space, unobstructed from the ground to the sky, that is bounded on two (2) or more sides by the walls of a building that is on the same lot.
CRITICAL ROOT ZONE: The area inscribed by an imaginary circular line on the ground beneath a tree, having at its center point the center of the trunk of the tree and a radius equal to one foot (1') for every inch of diameter at breast height.
CUL-DE-SAC: The turnaround at the end of a dead end street.
CURB: A stone, concrete, or other improved boundary usually marking the edge of the roadway or paved area.
CURB CUT: The opening along the curb line at which point vehicles may enter or leave the roadway.
CURB LEVEL: The permanently established grade of the curb top in front of a lot, as measured from the center of such lot. Where a building faces on more than one street, the curb level shall be the average of the levels of the curbs at the center front of each street. Where no curb elevation has been established, the level of the centerline of the street shall be considered the curb level.
CUSTOMER END ANTENNAS: Antennas which receive and transmit fixed wireless signals for the purpose of providing service to customers at the location in which the antenna is fixed. A customer end antenna may not be used to transmit signals and/or to receive signals from multiple customer locations.
DAYCARE CENTER: See definition of adult daycare center or childcare center.
DECIBEL: A method of describing differences in sound levels. A logarithmic unit of measurement of the intensity (loudness) of sound.
DECIDUOUS: Plants that drop their leaves annually before becoming dormant in winter.
DEDICATED STREET: A public right-of-way owned by the Village or other public highway agency, and created by designation on a recorded plat or in a recorded instrument or conveyance accepted by the Village Board or other public highway agency.
DEDICATION: The gift or transfer of property by its owner to another party.
DEDICATION, FEE IN LIEU OF: Payments in cash as an alternative to dedication of land or construction of improvements.
DEED: A legal document conveying ownership of real property.
DEED RESTRICTION: See definition of restrictive covenant.
DENSITY, GROSS: The number of dwelling units per acre devoted to residential land development, including streets, street rights- of-way and open space.
DENSITY, NET: The number of dwelling units per acre devoted to residential land development, excluding streets, street rights- of-way, and open space.
DENSITY TRANSFER: The transfer of all or part of the permitted density on a parcel to another parcel.
DENSITY ZONING: Averaging the residential density over an entire parcel. See definition of density, gross.
DETENTION BASIN OR POND: A storage facility for the temporary storage of stormwater runoff. See definition of retention basin or pond.
DETERIORATION: The marked diminishing of the physical condition of a structure or building.
DEVELOPER: Any person whose intent it is to improve land according to the development regulations of the Village of Sugar Grove.
DEVELOPMENT: The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.
DEVELOPMENT, CONVENTIONAL: Development other than planned development or cluster development.
DEVELOPMENT ORDINANCE: An ordinance adopted by the Village Board, upon completion of both preliminary and final plan approvals, which includes graphics and other support documentation upon which Village Board approval is based.
DEVELOPMENT, PLANNED: See definitions of planned commercial development and planned unit development (PUD).
DIAMETER AT BREAST HEIGHT (dbh): The diameter of the trunk of a tree measured in inches at a point four and one-half feet (41/2') above ground level, or natural grade. This point of measurement shall be used for established, mature trees.
DISABILITY: A physical or mental impairment which substantially limits one or more of a person's major life activities, impairs his or her ability to live independently, a record of having such an impairment, or being regarded as having such an impairment, but such terms do not include current use of, or addiction to alcohol and/or other drugs.
DISABLING GLARE: Lighting that impairs visibility and creates a potentially hazardous situation for pedestrians or motorists.
DISTRIBUTED ANTENNA SYSTEM OR DAS NETWORK: A low powered wireless system which includes transceiver equipment located at a central hub and antennas distributed throughout a defined and limited area supported by said hub, capable of serving wireless carriers/operators.
DISTRIBUTION CENTER: A warehouse wherein goods and materials are stored, packed and dispatched to fulfill orders usually not shipped directly to consumers.
DISTRICT: A part, zone, or geographic area within the Municipality within which certain zoning or development regulations apply.
DISTRICT BOUNDARY LINE: See definition of boundary line.
DORMITORY: A building used as group living quarters for a student body or religious order, as an accessory use for a college, university, boarding school, convent, monastery, or other similar institutional use. Excludes uses permitted in the Senior Residential District.
DRINKING ESTABLISHMENT: A building, structure, or portion thereof, where alcoholic beverages are sold to be consumed on the premises, but not including eating establishments, where the principal use is the consumption of food. Also known as a tavern or bar.
DRIP LINE: An imaginary ground line around a tree that defines the limits of the tree canopy.
DRIVE-IN ESTABLISHMENT: A business which is operated for the sale and purchase 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.
DRIVEWAY: A private roadway providing access to a street or highway.
DRY CLEANING ESTABLISHMENT: A business which handles the washing, drying, dry cleaning and ironing of clothes on the premises, and which may include pick up and delivery services.
DWELLING: A building, or portion thereof that is used exclusively for human habitation.
DWELLING, ACCESSORY: A dwelling unit contained with an existing principal building which does not exceed twenty five percent (25%) of the total floor area of the principal building and is occupied solely by no more than two (2) persons who are related by blood or marriage to the owner of the principal building.
DWELLING, MULTI-FAMILY: A building containing three (3) or more dwelling units, which does not otherwise fit the definition of "dwelling, single-family attached".
DWELLING, SINGLE-FAMILY ATTACHED: A building containing a single- family dwelling attached to one or more other single-family dwellings by common vertical walls or any two-family dwelling.
DWELLING, SINGLE-FAMILY CLUSTER: A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any other means. Lot size may be less than that which would otherwise be required by the regulations of the district for conventional detached single-family housing, in order to preserve natural features of the site and/or provide open space in excess of that required under the terms of this title.
DWELLING, SINGLE-FAMILY DETACHED: A building containing a single- family dwelling that is not attached to any other dwelling by any means and that is surrounded by yards.
DWELLING, TWO-FAMILY: A structure on a single lot containing two (2) dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
DWELLING UNIT: A building or portion thereof designed for occupancy by one family for residential purposes and having private kitchen and bath facilities.
EASEMENT: A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.
EASEMENT, APPURTENANT: An easement that runs with the land.
EASEMENT, CONSERVATION: The grant of a property right stipulating that the described land will remain in its natural state and precluding future or additional development.
EASEMENT, DRAINAGE: An easement required for the installation of stormwater sewers or drainage ditches and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facility.
EAVE: The projecting lower edges of a roof overhanging the wall of a building.
EDUCATIONAL INSTITUTION: A public, parochial, charitable, or nonprofit junior college, college or university other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.
ELEVATION: A vertical distance above or below a fixed reference level; or a scaled drawing of the front, rear or side of a building, showing features such as windows, doors, and relationship of grade to floor level.
EMINENT DOMAIN: The authority to acquire or take, or to authorize the taking of, private property for public use or public purpose.
ENCROACHMENT: The extension or placement of any structure or component of a structure into a required yard.
ENDANGERED SPECIES: Wildlife species whose prospects for survival are in immediate danger because of a loss or change in habitat, overexploitation, predation, competition, disease, disturbance, or contamination and designated as such by a governmental agency.
ENLARGEMENT: An increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements.
ENVIRONMENTAL CORRIDOR: Integrated, linear systems of land, water and plant and animal resources, generally depicted on Sugar Grove's land use map, including, but not limited to:
A. Natural areas, such as lakes, streams, floodplain, wetlands, forests, and prairies, which provide important and valuable functions, such as floodwater storage, groundwater recharge, soil stabilization, water quality enhancement, temperature modulation and wildlife habitat;
B. Scenic, recreational and historic amenities; and
C. Greenways, as defined in this section. See definition of Greenway.
ESSENTIAL SERVICES: Services and utilities needed for the health, safety, and general welfare of the community, such as underground, surface, or overhead electrical, gas, telephone, steam, water, sewerage, and other utilities and the equipment and appurtenances necessary for such systems to furnish an adequate level of service for the area in which it is located.
ESTABLISHMENT: An economic unit, generally at a single physical location, where business is conducted or services or industrial operations performed.
EVENT VENUE: A place with a more rural setting where public and private events are held. Events may take place indoors or outdoors and range from small intimate gatherings to large weddings and may include catering facilities, commercial kitchens, retail, and meeting facilities.
EXACTION: Contributions of payments required as an authorized precondition for receiving a development permit.
EXISTING GRADE: See definition of Grade, Natural.
EXTENDED CARE FACILITY: A long term facility or distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.
EXTERIOR WALL: Any wall that defines the exterior boundaries of a building or structure.
EXTRACTION: The process of and/or business associated with removing minerals, such as sand, gravel and limestone, from the earth.
FABRICATION AND ASSEMBLY: The manufacturing from standardized parts of a distinct object differing from the individual components.
FACADE: The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
FACTORY: A building in which raw material and semifinished or finished materials are converted to a different form or state or where goods are manufactured, assembled, treated or processed.
FAIR MARKET VALUE: The price of a building or land that would be agreed upon voluntarily in fair negotiations between a knowledgeable owner willing, but not forced, to sell and a knowledgeable buyer willing, but not forced, to buy.
FAMILY:
A. One person, his or her spouse, their offspring, legally adopted children or foster children, together with not more than three (3) other persons who are related to said person by blood, marriage or legal adoption including, but not limited to, mother, father, sister, brother, mother-in-law, or father-in-law; or
B. A group of persons none of whom are related to each other by blood, marriage or adoption, provided, however, that said dwelling unit shall contain not less than three hundred (300) square feet of floor area for each such occupant, and the total number of occupants in such group shall not exceed three (3).
C. A "family" as defined in subsection A of this definition may include not more than two (2) domestic servants and not more than one gratuitous guest or boarder residing with said family, in addition to the number of persons set forth in subsection A of this definition. A "family" as defined in subsection B of this definition may include not more than two (2) domestic servants and not more than one gratuitous guest or boarder, provided that such servants, guest or boarder shall be included in computing the number of unrelated persons permitted under subsection B of this definition. A "family" as defined in subsections A and B of this definition shall be limited to groups of persons maintaining a common household in a dwelling unit.
D. "Group homes", as defined herein, shall be exempt from subsections A, B and C of this definition. Group homes shall be permitted uses or special uses, as delineated in this title.
FARM STAND: A booth or stall located on a farm from which produce and farm products are sold to the general public.
FARM STRUCTURE: Any building or structure used for agricultural purposes. See definition of Agriculture.
FARMING: Land used for agricultural activities. See definition of Agriculture.
FEEDLOT: A confined area or structure, pen or corral, used to fatten livestock prior to final shipment.
FENCE: A structure which is used as a boundary, protection, or means of screening and which is made of manufactured material such as wood, metal, wire or masonry.
FILL: Sand, gravel, earth or other materials placed or deposited by humans.
FILLING: The process of depositing fill to create usable land.
FINAL PLAN: See definition of Plat, Final.
FIRE LANE: An unobstructed paved or improved surface area clearly defined by pavement markings and signs, at least twelve feet (12') wide, and designed to provide access for firefighting equipment.
FLAG LOT: See definition of Lot, Flag.
FLOOD: The temporary overflowing of water onto land that is usually devoid of surface water.
FLOODLIGHT: A light designed to concentrate the light output in a directed beam in a particular direction.
FLOODPLAIN: The channel and relatively flat area adjoining the channel of rivers and streams subject to periodic flooding. The floodplain is defined by the flood boundary and floodway map prepared by the Federal Emergency Management Agency.
FLOODWAY: The channel of a stream or river and those portions of the adjoining floodplain which are reasonably required to carry and discharge the floodwater or flood flow of a stream or river.
FLOOR AREA, GROSS: The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings, but not including interior parking spaces, loading space for motor vehicles, or any spaces where the floor to ceiling height is less than six feet (6').
FLOOR AREA, NET: The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public. Net floor area for buildings which are used or intended to be used for human habitation shall exclude nonlivable areas (garages and basements).
FLOOR AREA RATIO: The gross floor area of all buildings on a lot divided by the lot area.
FOOT-CANDLE: A unit of measure of illuminance equal to one lumen of light spread over an area of one square foot.
FOREST: Areas or stands of trees, the majority of which are greater than twelve inches (12") in caliper, covering an area greater than one-fourth (1/4) acre; or groves of mature trees, without regard to minimum area, consisting of substantial numbers of specimens.
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: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
FRONT LOT LINE: See definition of lot line, front.
FRONT YARD: See definition of yard, front.
FRONTAGE: That side of a lot abutting a street; the front lot line.
FRONTAGE, DOUBLE OR THROUGH: See definition of lot, double frontage or lot, through.
FRONTAGE ROAD: A service road, usually parallel to a highway, designed to reduce the number of driveways that intersect the highway.
FULFILLMENT CENTER: A warehouse wherein goods and materials are stored, packed, sorted and dispatched to fulfill orders shipped directly to consumers.
FULL CUTOFF LUMINAIRE: A luminaire having zero (0) intensity at or above horizontal (90 degrees) and limited to a value not exceeding ten percent (10%) of lamp lumens at or above eighty degrees (80°). Such luminaire is determined by a photometric test and certified by the manufacturer.
FURNITURE DISPLAY, SALES, AND REPAIR: The display, sale, and repair of new or used furniture or furnishings, and including any preparation or repair work conducted as an accessory use.
GAMING DEVICE OR GAMING EQUIPMENT: Any mechanical contrivance or machine used in connection with gaming or any game.
GAMING OR GAMBLING: The dealing, operating, carrying on, conducting, maintaining, or exposing for pay of any game.
GAMING OR GAMBLING ESTABLISHMENT: Any premises wherein or whereon gaming is done.
GARAGE, BUS OR TRUCK: A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one and one-half (11/2) tons' capacity.
GARAGE, COMMUNITY: A garage used exclusively for the parking and storage of vehicles owned or operated by residents of nearby dwelling units and their guests, which is not operated as a commercial enterprise and is not available to the general public and which is owned, leased, or cooperatively operated by such residents.
GARAGE, MUNICIPAL: A structure owned or operated by a municipality and used primarily for the parking and storing of vehicles owned by the general public.
GARAGE, PRIVATE: A detached accessory building or portion of the main building, designed, arranged, used or intended to be used for the storage of passenger automobiles of the occupants of the premises.
GARAGE, PUBLIC: A building other than a private garage, used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck trailers and commercial vehicles exceeding one and one-half (11/2) tons' capacity.
GLARE: Lighting entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.
GOLF COURSE: A tract of land laid out for at least nine (9) holes for playing the game of golf and improved with tees, greens, fairways, and hazards and that may include a clubhouse and shelter.
GRADE: The mean level of the finished surface of the ground adjacent to the exterior walls of a building or structure; the degree of rise or descent of a sloping surface.
GRADE, FINISHED: The final elevation of the ground level after development.
GRADE, NATURAL: The elevation of the ground in its natural state before construction, filling or excavation.
GRADING: Any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades.
GREEN AREA: Land shown on a development plan, Master Plan or official map for preservation, recreation, landscaping or park.
GREENHOUSE: A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out of season plants for subsequent sale or for personal enjoyment.
GREENWAY:
A. A linear open space established along an environmental corridor;
B. Land along a railroad right-of-way converted to recreational use;
C. A scenic road or other route;
D. Any natural or landscaped course for pedestrian or bicycle passage; and
E. An open space connector linking parks, natural reserves, cultural features, or historic sites with each other and with populated areas.
GRIDIRON PATTERN: A street and block system resulting in formal, regular rectangular blocks and resulting four-way intersections.
GROUND COVER: Grasses or other plants and landscaping grown to keep soil from being blown or washed away.
GROUND FLOOR: The first floor of a building other than a cellar or basement.
GROUND WATER: The supply of freshwater under the surface in an aquifer or geologic formation that forms the natural reservoir for potable water.
GROUP HOMES: See definitions of boarding home for sheltered care; boarding house; dormitory.
GROWTH MANAGEMENT: Techniques used by the Village of Sugar Grove to control the rate, amount, location, timing and type of development.
GUARANTEES: Cash, letters of credit, bonds, or similar financial instruments deposited with the Municipality to assure that required improvements will be constructed or installed.
GYMNASIUMS AND HEALTH CLUBS: A business facility used and equipped for sport, recreation, exercise, and/or physical fitness and may be either a gymnasium, a health club, or both.
HEN: The female of the species Gallus Gallus Domesticus; commonly known as chickens.
HOME OCCUPATION: An occupation for gain or financial support conducted entirely within a principal residential building, or a building or structure accessory thereto.
HOME PROFESSIONAL OFFICE: A home occupation consisting of the office of a practitioner of a recognized profession, such as an architect, attorney, engineer, medical practitioner, etc.
HOMEOWNERS' ASSOCIATION: See definition of Association, Homeowners'.
HOSPITAL: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty four (24) hours in every week of three (3) or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical or mental conditions, including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, training facilities, or staff residences.
HOT TUB: A man-made rigid or semi-rigid receptacle for water manufactured off-site and delivered to the site as a completed assembly designed with integral mechanical air injection system and/or a recirculating system that energizes water for purposes of recreation and therapeutic use and for physiological and psychological relaxation; may include, but are not limited to, these types: hydro-jet circulation, hot water, cold water, mineral baths, air induction systems or some combination of these. Can be installed above, or below grade. Excluding swim spas and combination swim spas/hot tubs.
HOTEL APARTMENT: A hotel in which at least ninety percent (90%) of the lodging is occupied by permanent residents.
HOTEL, MOTEL, INN OR AUTO COURT: An establishment containing lodging accommodations designed for use by transients or travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial desk service, restaurants, cocktail lounges, meeting rooms, and ancillary retail uses.
HOUSING FOR THE ELDERLY: Multi-family housing designed for older people.
IMPACT ANALYSIS: A study to determine the potential direct or indirect effects of a proposed development on activities, utilities, circulation, surrounding land uses, community facilities, environment and other factors.
IMPACT FEE: A fee imposed on a development to help finance the costs of services or improvements such as roads, utilities and stormwater facilities.
IMPERVIOUS SURFACE: Any material which reduces and prevents absorption of stormwater into previously undeveloped land.
IMPROVEMENT, PUBLIC: Any sanitary sewer, storm sewer, drainage ditch, water main, roadway, parkway, sidewalk, pedestrianway, planting strip, off street parking area, or other facility for which the village of Sugar Grove assumes responsibility for maintenance and operation.
IMPROVEMENTS: Any structure, grading, street surfacing, curbs and gutters, sidewalks, bikeways, crosswalks, water mains, sanitary sewers, storm sewers, drainage ditches, culverts, bridges, trees, and other additions or deletions from the natural state of land which increase its utility or habitability.
INCENTIVE ZONING: The granting of additional development capacity by the village of Sugar Grove, in exchange for the developer's provision of a public benefit or amenity.
INDEPENDENT HOUSING, SENIOR: Senior apartments and dwellings that do not provide communal dining facilities and other communal services, but are either age restricted development or age targeted development.
INDUSTRIAL PARK: A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
INGRESS: Access or entry.
INSTITUTIONAL USE: A nonprofit or quasi-public use or institution such as a church, library, public or private school, hospital or government owned or operated building, structure, or land used for public purpose. An institutional use does not include uses permitted in the senior residential district.
INTERIOR LOT: See definition of Lot, Interior.
ISLAND, PARKING LOT: A curbed structure placed at the end or middle of a parking row as a guide to traffic and for landscaping, signage or lighting.
ISOLATED LOT: An undeveloped, substandard lot, in separate ownership from surrounding property.
JOINT OWNERSHIP: The equal estate interest of two (2) or more persons.
JUNKER: An automobile, truck or other motor vehicle that has been damaged to such an extent that it cannot be operated under its own power, and which will require major repairs before being made usable, or such a vehicle that does not comply with State or Village laws or ordinances.
JUNKYARD: Any area, lot, land, parcel, building or structure, or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other discarded goods, materials, machinery, or two (2) or more unregistered, inoperable motor vehicles.
JUST COMPENSATION: Payment made to a private property owner, by an agency with the power of eminent domain, when the private property is acquired for public use.
KENNEL: Any lot or premises, or portion thereof, on which more than four (4) dogs or cats over four (4) months of age are kept or on which more than two (2) such animals are boarded for compensation or kept for sale.
LED (LIGHT EMITTING DIODE): An electronic semiconductor device that emits light when an electrical current is passed through it.
LAND USE PLAN, COMPREHENSIVE: See definition of Comprehensive Land Use Plan.
LANDLOCKED: A lot or parcel of land without direct access to a public road.
LANDMARK: Any site, building, structure, or natural feature that has visual, historic or cultural significance.
LARGE LOT ZONING: Low density residential development that requires one or more acres of land for each dwelling.
LIGHT TRESPASS: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
LIMITED ACCESS HIGHWAY: A trafficway, including expressways and toll roads for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
LOADING AND UNLOADING SPACE OR ZONE, OFF STREET: A space, accessible from a street, alley, or access drive, other than a street, alley or access drive, the principal use of which is for the standing, loading, and unloading of trucks, tractors and trailers. Such space may be enclosed in a building, or remain open to the sky.
LOCAL TRUCKING WITHOUT STORAGE: An establishment that provides local trucking services to move goods from one location to another without on-site storage for freight. The local trucking service supplies the power, typically in the form of trucks (and trailers) and drivers, and is contracted to move someone else’s trailers or goods. The establishment may include a maintenance garage component. This use does not include long-distance trucking, transfer services, or terminal facilities.
LODGE: The place where members of a local chapter of an association or a fraternal, cultural or religious organization hold their meetings.
LOGISTICS: A term referring to the complex management systems of flow and storage of materials from point of origin to point of consumption through a network of transport links and storage nodes.
LOT: A designated parcel, tract, or area of land established by plat or subdivision, to be separately owned, used, developed or built upon.
LOT AREA: The area of a horizontal plane bounded by vertical planes containing the front, side and rear lot lines.
LOT AVERAGING: A technique that permits one or more lots in a subdivision to be undersized, provided the same number of lots in the same subdivision are oversized by an equal or greater number.
LOT, CORNER: A lot located at the intersection of two (2) streets, or a lot bounded on two (2) sides by a curving street and any two (2) chords of which form an interior angle of one hundred twenty degrees (120°) or less measured on the lot line.
LOT COVERAGE: The part or percent of the lot occupied by all accessory uses, accessory structures, and accessory buildings, together with all principal buildings, principal structures, and impervious surfaces.
LOT DEPTH: The average horizontal distance between the front lot line and the rear lot line.
LOT, DOUBLE FRONTAGE: A lot which fronts upon two (2) parallel streets, or which fronts upon two (2) streets which may not be parallel to one another, but which do not intersect at any point along the boundaries of said lot, which provides access to only one of these streets.
LOT, FLAG: A lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of- way or driveway.
LOT, INTERIOR: A lot other than a corner lot, which has only one frontage on a street.
LOT LINE: A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, CORNER: Where two (2) intersecting streets form the boundary of a lot, the front lot line shall be considered the shorter of the two (2) lot lines having frontage along a street right-of-way.
LOT LINE, FRONT: The lot line separating a lot from the street right-of-way. In the case of a corner lot, the shorter of the two (2) lot lines adjoining street lot lines is the front lot line. In the case of a through or double frontage lot, the front lot line is the lot line which has been designated as the front lot line by the majority of the other zoning lots on the same block.
LOT LINE, INTERIOR SIDE: Any lot line other than a front or rear lot line.
LOT LINE, REAR: The lot line opposite the front lot line. On a lot pointed at the rear, the rear lot line shall be an imaginary line between the side lot lines parallel to the front lot line, not less than ten feet (10') long, lying farthest from the front lot line. On a corner lot, the rear lot line shall be opposite the front lot line of least dimension.
LOT LINE, TRANSITION: Any lot line which separates a lot zoned for business, manufacturing, or industrial uses from a lot zoned for residential uses.
LOT OF RECORD: A lot which exists as shown or described on a plat or deed in the records of the local registry of deeds.
LOT, THROUGH: A lot which fronts upon two (2) parallel streets, or which fronts upon two (2) streets which may not be parallel to one another, but which do not intersect at any point along the boundaries of said lot, which provides access to both streets.
LOT WIDTH: The horizontal distance between the side lot lines of a lot, measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required setback line.
LOT, ZONING: A designated parcel, tract, or area of land established by plat, subdivision, or otherwise permitted by law to be used, developed, or built upon as a single unit under unified ownership or control.
LUMINAIRE: The complete lighting assembly (including the lamp(s), housing, ballasts, photocells, globes, reflectors or refractors, lenses, sensors and shield(s) and excluding the support assembly or pole, mounting bracket and base).
MALL: A shaded walk or a public promenade. Also, a shopping center, where stores front on both sides of a pedestrianway, which may be enclosed or open.
MANUFACTURING, HEAVY: Industry that involves one or more characteristics such as large and heavy products; large and heavy equipment and facilities (such as heavy equipment, large machine tools, and huge buildings); or complex or numerous processes.
MANUFACTURING, LIMITED: Characterized by less capital intensive and more labor intensive operations. Products made by an economy's light industry tend to be targeted toward end consumers rather than other businesses.
MAP, OFFICIAL: See definition of official map.
MAPPED STREET: A street appearing on the official map of Sugar Grove.
MARKET STUDY: A study that identifies and evaluates the need for a particular land use or activity within a defined geographic area.
MASSAGE PARLORS: Establishments offering massage, manipulation, rubbing, vibration, stroking, or tapping of the human body with the hand or an instrument, staffed by one (1) or more persons who do not belong to any nationally recognized massage therapy association, or by persons who are not graduates of any recognized training school in massage therapy.
MASTER PLAN: See definition of land use plan, comprehensive.
MEMORY CARE FACILITY: A facility that provides specialized care and housing tailored to the special needs of individuals with dementia and Alzheimer's disease.
MEZZANINE: An intermediate level between the floor and the ceiling of any story, and which covers not more than thirty three percent (33%) of the floor area of the room in which it is located.
MINIWAREHOUSE: A structure containing separate storage spaces of varying sizes leased or rented on an individual basis. Also known as self-storage facility.
MINOR: A person eighteen (18) years of age and under.
MIXED USE DEVELOPMENT: The development of a tract of land or building or structure with two (2) or more different uses such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form.
MIXED USE ZONING: Regulations that permit a combination of different uses within a single development.
MOBILE HOME: A single family dwelling which is: manufactured off site; transportable in one (1) or more sections; built on a permanent chassis; constructed without a permanent hitch or other device allowing transport of the dwelling other than for the purpose of delivery to a permanent site; and does not have wheels or axles permanently attached to its body or frame.
MOBILE HOME PARK: Any tract or contiguous tracts of land containing two (2) or more sites improved for mobile home dwellings.
MODULAR HOME: A dwelling unit which is: constructed off site; transported in one (1) or more sections; and built on a permanent foundation.
MOTEL: An establishment that provides sleeping accommodations with a majority of all rooms having direct access to the outside, without requiring passage through the main lobby of the building.
MOTOR VEHICLE: Any self-propelled wheeled conveyance that does not run on rails and that carries passengers, goods and equipment.
MOTOR VEHICLE FUEL STATION: An establishment engaged in the retail dispensing of motor vehicle fuels.
MOTOR VEHICLE IMPOUNDMENT YARD: Any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.
MOTOR VEHICLE PARTS RETAIL: An establishment engaged in selling motor vehicle parts to the general public. Parts installation is prohibited on the same zoning lot as a motor vehicle parts retail establishment.
MOTOR VEHICLE REPAIR, CLASS I: A business engaged in auto service activities, including, but not limited to, oil and fluid changes, engine and cabin filter changes, audio sound system installation and repair, and car alarms.
MOTOR VEHICLE REPAIR, CLASS II: A business engaged in auto maintenance activities, including, but not limited to, battery charging and replacement, changing tires and rims, wheel balancing and alignment, heating and air conditioning work, engine coolant systems, radiators, muffler replacement, brakes, spark plugs replacement, replacement of pumps, belts, and hoses, shocks, emission control services, exhaust system repair and replacement, tune-ups, diagnostics. Class II motor vehicle repair also is entitled in engage in Class I motor vehicle repair activities.
MOTOR VEHICLE REPAIR, CLASS III: A business engaged in auto repair activities, including, but not limited to, engine rebuilding, chassis repairs, body repairs, body painting, body work, undercoating of body or chassis, transmission repair, drive train repair, engine overhauling requiring the removal of the cylinder head or crankcase pan, recapping or treading of tires, upholstery, steam cleaning, and similar activities. Class III motor vehicle repair also is entitled to engage in Class I and Class II motor vehicle repair activities.
MOTOR VEHICLE REPAIR, CLASS IV: A place where repair work is done on the owned fleet of motor vehicles of a single commercial or industrial establishment or governmental agency. Class IV motor vehicle repair is entitled to engage in Class I, Class II, and Class III motor vehicle repair activities.
MOTOR VEHICLE SALES: The use of any building, land area, or other premises for the display and sale or lease of new or used motor vehicles, including any vehicle preparation or repair work conducted as an accessory use.
MULCH: A layer of wood chips, dry leaves, straw, hay, plastic or other material placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold soil in place, and aid in plant growth.
MULCH, FIREWOOD SALES: A business whose principal activity is bulk storage and sale of garden mulch and firewood to the public and wholesale, and may include bulk storage and sale of topsoil.
MULTIPHASE DEVELOPMENT: A development project that is constructed in stages, provided each stage is capable of existing independently of all the others.
MULTIUSE BUILDING: A building containing two (2) or more distinct uses.
NATURAL RESOURCES INVENTORY: A survey of existing natural elements relating to land, air, plant and animal life of an area, and the interrelationship of these elements. The inventory includes data on soils, geology, topography, floodplain, watershed, and vegetation.
NATURE PRESERVE: Areas in which human activities are limited, and where the natural environment is protected from development or other manmade changes.
NEIGHBORHOOD PARK: An open area of two (2) to five (5) acres, including lawn, trees, shrubbery, walks, benches, and a focal point, such as a fountain or statue, sandbox, or play equipment.
NOISE: An undesirable, audible sound.
NOISE POLLUTION: Continuous or episodic excessive noise in the human environment.
NONCONFORMING BUILDING: A building, the size, dimensions or location of which was lawful prior to the adoption of this title or amendments thereto, but that fails by reason of such adoption, revision, or amendment, to conform to the present requirements of the zoning district.
NONCONFORMING USE: Any use of land, buildings, or structures, lawful at the time of the enactment of this title but which does not comply with all the regulations of this title governing use for the zoning district in which such use is located.
NUISANCE: An interference with the enjoyment and use of property.
NUISANCE GLARE: Light that creates an annoyance or aggravation but does not create a potentially hazardous situation.
NURSERY: Land or greenhouses used to raise flowers, shrubs and plants for sale. See definitions of greenhouse and commercial greenhouse.
NURSERY SCHOOL: See definition of childcare center.
OCCUPANCY PERMIT: A required permit that allows the use of a building after it has been determined that all requirements of applicable ordinances have been met.
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 SITE: Any premises not located within the area of the property to be subdivided or developed, whether or not in the same ownership of the applicant for subdivision or development approval.
OFF STREET PARKING FACILITY: A building, structure, parcel of land, or portion thereof which provides off street parking; includes accessways, driveways and aisles; and is either a principal or accessory use.
OFFICE PARK: A development on a tract of land that contains a number of separate office buildings, accessory and supporting uses, and open space designed, planned, constructed and managed on an integrated and coordinated basis.
OFFICIAL MAP: An ordinance in map form that shows the location and width of proposed streets, public facilities, public areas, and drainage rights-of-way within the Village of Sugar Grove and its planning area.
ON SITE: Located on the lot or parcel that is the subject of an application for development or subdivision approval.
ON STREET PARKING: A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
OPACITY: The quality or state of an object that renders it impervious to the rays of light; the degree of nontransparency.
OPEN AREA: That area of a lot, parcel, or tract that is not covered by a building or structure. Also known as "green area" as defined herein.
OPEN SALES LOT: Land used or occupied for the purpose of buying or selling merchandise stored or displayed out of doors prior to sale. Such merchandise includes, but is not limited to, passenger cars, trucks, motor scooters, motorcycles, boats, snowmobiles, and monuments.
OPEN SPACE: Any parcel or area of land or water essentially unimproved, or otherwise devoid of buildings or other structures and paved areas, and set aside, dedicated, designated, or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space.
OPEN SPACE, COMMON: Land within, or related to a development that is not individually owned or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents and their guests of the development. Common open space may include complementary structures and improvements as determined to be necessary and appropriate.
OPEN SPACE, PUBLIC: Open space owned by a public agency and maintained by said agency for the use and enjoyment of the general public.
ORDINANCE: Reference to "ordinance" shall be construed as the village of Sugar Grove zoning ordinance.
OUTBUILDING: A separate accessory building or structure not physically connected to a principal building.
OUTDOOR STORAGE: The keeping, in an unenclosed area, of any goods, junk, material or merchandise or vehicles in the same place for more than twenty four (24) hours, excluding the seasonal display of goods that might be allowed for a part of the year such as landscape mulch, lawn ornaments, or annual flowers, or retail sales of products and services that occur primarily outside a building or structure. See definition of Retail Sales, Outdoor.
OVERHANG: The part of a roof or wall which extends beyond the facade or a lower wall; or the portion of a vehicle extending beyond the curb or a wheel stop. See definition of Wheel Stop.
OWNER: Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in land for which a request has been filed with the village for: appeal; variance; special use permit; rezoning; amendment; subdivision; site plan review; or building permit.
PARAPET: The extension of the main roof walls of a building above the roof level.
PARCEL: A lot or tract of land.
PARK: A parcel or parcels of land used for public or private, but noncommercial, recreational purposes or conservation area purposes. Such land may contain improvements and facilities for indoor and outdoor active and passive recreational activities, including, but not limited to, organized sports, physical exercise, games, relaxation, social interaction, and similar leisure pursuits, and including, but not limited to, playgrounds, playing fields, trails, swimming pools, basketball or tennis courts, pedestrian/bicycle paths, or conservation area.
PARKING AREA OR LOT: A suitably surfaced and maintained area exclusive of any street, alley, or other accessway, designed according to village ordinances, that is used for the temporary storage of motor vehicles.
PARKING BAY: The parking module consisting of one or two (2) rows of parking spaces and the aisle from which motor vehicles enter and leave these spaces.
PARKING, SHARED: Joint use of a parking area or lot for more than one use.
PARKING SPACE: An enclosed or unenclosed area permanently reserved for the temporary storage of one automobile and appropriately connected with a street or alley by a driveway affording adequate ingress and egress.
PARKING STRUCTURE: A building or structure consisting of more than one level that is used to store motor vehicles.
PARKWAY: The area between the back of the curb and the sidewalk or, where there is no sidewalk, the area between the back of the curb and the edge of the street right of way.
PASSENGER TRANSPORTATION: Establishments primarily engaged in furnishing miscellaneous passenger transportation, e.g. taxis, passenger vans, limousines, medical transport, and charter buses, where such operations are primarily within a municipality, contiguous municipalities, or a municipality and its suburban areas.
PATH: A cleared way for pedestrians and/or bicycles that may or may not be paved or otherwise improved.
PATIO: A level, landscaped and/or surfaced area directly adjacent to a principal building at or within three feet (3') of the finished grade and not covered by a permanent roof.
PAVEMENT: A created surface, such as brick, stone, concrete, or asphalt, placed on the land to facilitate passage; and/or that part of a street having an improved surface.
PEDESTRIAN: An individual who travels on foot.
PEDESTRIAN SCALE: The proportional relationship between an individual and his or her environment.
PEN: An enclosure connected to a coop for the purpose of allowing hens to leave the coop while remaining fully enclosed and safe from predators.
PERCOLATION: Downward flow or infiltration of water through the pores or spaces of rock or soil.
PERFORMANCE STANDARDS: Criteria established to regulate uses according to their effects. Such criteria are noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, and glare or heat.
PERIMETER: The boundaries or borders of a lot, tract or parcel of land.
PERMITTED USE: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSONAL SERVICES: Establishments primarily engaged in providing services that involve the care of a person or his or her personal goods or apparel.
PLANNED COMMERCIAL DEVELOPMENT: An area to be planned, developed, operated and maintained as a single entity and containing one or more structures to accommodate retail, service, commercial or office uses, or a combination of such uses, and appurtenant common areas and accessory uses incidental to the predominant uses.
PLANNED UNIT DEVELOPMENT (PUD): A parcel of land or contiguous parcels of land of size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located.
PLANNING COMMISSION/ZONING BOARD OF APPEALS: Members of the Sugar Grove Planning Commission/Zoning Board of Appeals as constituted by ordinance and appointed by the Sugar Grove Village President.
PLAT: A map representing a tract of land, showing the boundaries and location of individual properties and streets.
PLAT, FINAL: The final map of all or a portion of a subdivision or site plan which is presented to the Village Board for final approval.
PLAT, PLANNED DEVELOPMENT: A drawing or map made to a measurable scale upon which is presented a description and definition of the way in which the design requirements of the planned unit development are to be met and intended for recording with the County Recorder of Deeds.
PLAT, PRELIMINARY: A preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Commission/Zoning Board of Appeals and Village Board for consideration and preliminary approval.
PLAYING FIELD: A parcel or portion thereof developed to host one or a number of outdoor games or recreation activities, including, but not limited to, baseball, football, soccer, softball or similar team activity.
PLAZA: An open space that may be improved and landscaped that is generally surrounded by streets and buildings.
PORCH: A roofed open area, which may be screened, usually attached, with direct access to a building.
PRE-EXISTING USE: The use of a lot or structure prior to the time of the enactment of this title, or amendments thereto.
PREMISES: A lot, parcel, tract or plot of land together with the buildings and structures thereon.
PRIMARY ROAD(S): Bliss Road, Denny Road, Dugan Road, Galena Boulevard, Gordon Road, Harter Road, Illinois Route 56, Merrill Road, Municipal Drive, Prairie Street, Sugar Grove Parkway, and U.S. Highway 30.
PRIVATE IMPROVEMENT: Any installed or constructed facility for which the responsibility of maintenance and ownership will be retained by the owner or a private association.
PRIVATE STREET: Any road that is used for access and circulation, where the ownership and maintenance responsibilities are borne by the owner or private association.
PROFESSIONAL OFFICE: The office of a member of a recognized profession, maintained for the conduct of that profession.
PROHIBITED USE: A use that is not permitted in a zoning district.
PROJECTION: That part of a building or structure that is exempt from the bulk requirements of this title.
PROPERTY: A lot, parcel, or tract of land together with the building and structures located thereon.
PROPERTY LINES: The lines bounding a lot.
PUBLIC NOTICE: The advertisement of a public hearing in a paper of general circulation in the area and through other media sources, indicating the time, place and nature of the public hearing.
PUBLIC STREET: All major, collector or local streets which are shown and dedicated for public use for which the ownership and maintenance responsibility is borne by the Village or other public agency.
PUBLIC UTILITY: Any person, firm or corporation duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, telegraph, transportation, water or sewerage systems.
PUBLIC WALKWAY: A right-of-way dedicated for the purpose of a pedestrian access and located so as to connect two (2) or more streets, or a street and a public land parcel.
PUBLIC WAY: Any sidewalk, street, alley, highway or other public thoroughfare.
QUORUM: A majority of the full authorized membership of the Planning Commission/Zoning Board of Appeals or Village Board.
RAILROAD RIGHT-OF-WAY: A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops or car yards.
RATIONAL NEXUS: A clear, direct and substantial relationship between a proposed development and the public improvement needs generated by that development.
REAR YARD: See definition of yard, rear.
RECREATION, ACTIVE: Activities generally carried out with others that require equipment and take place at prescribed places, fields or sites.
RECREATION, PASSIVE: Activities that involve relatively inactive or less energetic activities such as walking, sitting, picnicking, card games, chess, checkers, and similar table games.
RECREATIONAL AREA: A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.
RECREATIONAL FACILITY, COMMERCIAL: A place designed and equipped for the conduct of sports and leisure time activities that is operated as a business and open to the public for a fee.
RECREATIONAL USE LIGHTING: Lighting devices designed for illuminating public playing fields, courts, or similar facilities to allow sports and recreation in the evening hours.
RECREATIONAL VEHICLE: Every vehicle originally designed or permanently converted and primarily used for temporary living quarters or human habitation, and not used as a commercial vehicle, including any house car, camper or private living coach.
RECREATIONAL VEHICLE PARK: A lot or parcel of land upon which two (2) or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
RECYCLING CENTER: A use dedicated to the collection, storage and/or processing of postconsumer recycled waste such as cardboard, paper, plastic, and aluminum. Does not include the storage and/or processing of steel, iron or rubber.
REHABILITATION: The upgrading of a building previously in a dilapidated or substandard condition for human habitation or use.
RESIDENCE: A home, abode or place where an individual is actually living at a specific point in time.
RESIDENTIAL DENSITY: The number of dwelling units per acre of residential land. See definitions of density, gross and density, net.
RESORT: A facility for transient guests where the primary attraction is generally recreational features or activities.
RESTAURANT: Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, and consumed within the principal building. The serving of alcoholic beverages may be included in a restaurant when served with, and incidental to, meals.
RESTAURANT, CARRYOUT: An establishment that by design of the physical facilities, service, or packaging sells prepared ready to eat foods intended primarily to be consumed off the premises.
RESTAURANT, DRIVE-IN: An establishment that by design of the physical facilities, service, or packaging sells rapidly prepared food to customers to consume in cars, or off premises.
RESTAURANT, FAST FOOD: An establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready to consume state for consumption within the restaurant building.
RESTRICTIVE COVENANT: A restriction on the use of land usually set forth in the deed.
RETAIL OUTLET STORE: A retail establishment selling a single manufacturer's product.
RETAIL SALES, OUTDOOR: The display and sale of products and services primarily outside of a building or structures, including vehicles, garden supplies, gas, tires and motor oil, food and beverages, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscape materials, and lumberyards.
RETAIL SERVICES: Establishments providing services or entertainment, as opposed to products, to the general public, including, but not limited to: eating and drinking places; hotels and motels; finance; real estate and insurance; personal services; motion pictures; amusement and recreation services; health, educational and social services; and museums and galleries.
RETAIL TRADE: Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RETAINING WALL: A structure constructed to hold back, or to support, an earthen bank.
RETENTION BASIN OR POND: A pond, pool, or basin used for the storage of stormwater runoff that maintains a permanent pool of open water. See definition of detention basin or pond.
REZONE: To change the zoning classification of a parcel or parcels of land.
RIDING ACADEMY: An establishment where horses are boarded and cared for, and where instruction in riding, jumping and showing is offered, and where horses may be offered for hire.
RIGHT OF ACCESS: The legal authority to enter or leave a property.
RIGHT-OF-WAY: A strip of land dedicated to the public and occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean every right-of-way hereafter established and shown on a final plat and shall be separate and distinct from the lots or parcels adjoining such right-of-way, which are not included within the dimensions or areas of lots or parcels. Right-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the preparer of the plat on which such right-of-way is established.
RIGHT-OF-WAY WIDTH, STREET: The distance between property lines measured at right angles to the centerline of the street.
ROOF: The outside top covering of a building.
ROOF, FLAT: A roof which is not pitched and the surface of which is parallel to the ground.
ROOF, GABLE: A ridged roof forming a gable at both ends of the building.
ROOF, GAMBREL: A gabled roof with two (2) slopes on each side, the lower steeper than the upper.
ROOF, HIP: A roof with sloping ends and sides.
ROOF, MANSARD: A hip roof, each face of which has a steeper lower part and a shallower upper part.
ROOSTER: The male of the species Gallus Gallus Domesticus; commonly known as chickens.
SIC CODE: Standard industrial classification codes for land use comparison as identified in the 1987 SIC Manual, Executive Office of the President, Office of Management and Budget.
SCENIC AREA: An open area where the natural features are visually significant or geologically or botanically unique.
SCENIC CORRIDOR: An area visible from a highway, waterway, railway or major hiking, biking, or equestrian trail that provides vistas over water, across farmlands or woodlands, or from ridges.
SCENIC EASEMENT: An easement that limits development in order to preserve a view or scenic area.
SCHOOL: Any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge.
SCHOOL, ELEMENTARY: Any school licensed by the State of Illinois and that meets the State requirements for elementary education.
SCHOOL, PAROCHIAL: A school supported and controlled by a church or religious organization.
SCHOOL, PRIVATE: Any building or group of buildings the use of which meets Illinois' requirements for elementary, secondary, or higher education which use does not secure the major part of its funding from any governmental agency.
SCHOOL, SECONDARY: Any school licensed by the State of Illinois and that is authorized to award diplomas for secondary education.
SCHOOL, VOCATIONAL: A secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting Illinois' requirements as a vocational facility.
SCREENING: A structure erected or vegetation planted for the purpose of concealing from view the area behind it.
SEASONAL USE: A use carried on for only a part of the year. Examples include outdoor swimming, boating, or skiing.
SECOND DWELLING UNIT: A second dwelling unit on the same property as an existing single-family detached dwelling, attached to or detached from the existing dwelling.
SENIOR: A person fifty five (55) years of age or older.
SEPARATION, BUILDING: The minimum horizontal distance between the exterior walls of adjacent buildings.
SETBACK, AVERAGE: The mean setback from a street right-of-way of buildings located on both sides of a lot.
SETBACK, ESTABLISHED BUILDING: When fifty percent (50%) or more of the lots fronting on one side of a street within a block are improved, the existing building setbacks of such improved lots shall be the established building setback for determining the required setbacks for the remainder of the lots along such street frontage.
SETBACK, FRONT: The minimum horizontal distance between the street right-of-way line (or front lot line and/or corner side lot line) and the nearest wall of a building or structure on a zoning lot.
SETBACK, INTERIOR: The minimum horizontal distance between the interior lot line and the nearest wall of a building or structure on a zoning lot.
SETBACK LINE: The line which represents the required minimum distance from the street right-of-way line, or any other lot line, that establishes the area within which the principal structure must be erected or placed. Also known as building line.
SETBACK, REAR: The minimum horizontal distance between the rear lot line and the nearest wall of a building or structure on a zoning lot.
SHIPPING CONTAINER: A reusable transportation box intended for use in unitized freight handling. Shipping containers are typically constructed of corrugated steel.
SHOPPING CENTER: A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on site, and provision for goods delivery separated from customer access.
SHOPPING MALL: A shopping center with stores on both sides of an enclosed or open pedestrian walkway.
SIDEWALK: A paved, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
SIDEWALK CAFE: A restaurant with tables on the sidewalk in front of the premises.
SIGHT TRIANGLE OR SIGHTLINE EASEMENT: A triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit, or obstruct, the sight distance of motorists entering or leaving the intersection.
SIGN: See chapter 14 of this title.
SIGN AREA: See chapter 14 of this title.
SIMILAR USE: A use that has the same characteristics as the specifically cited uses in terms of the following: trip generation and type of traffic, parking circulation, utility demands, environmental impacts, physical space needs and clientele.
SITE: Any parcel of land, or combination of contiguous lots or parcels of land.
SKETCH PLAN: Informal review of a plan for development that carries no vesting rights or obligations on any party.
SKILLED NURSING FACILITY: A facility that provides skilled nursing care, continuous skilled nursing observations, restorative nursing, and other services under professional direction with frequent medical supervision. Such facilities are provided for patients who need the type of care and treatment required during the postacute phase of illness or during recurrences of symptoms in long term illness, and are licensed through the Illinois Department of Public Health.
SMALL CELL: A low powered wireless base station, including an antenna, transceiver equipment, and cabinets, that functions like a cell in a wireless mobile network but provides significantly smaller coverage area than that of a traditional macrocell. "Small cell" does not include macrocells or a DAS network.
SMALL CELL FACILITY: A small cell and its support structure and appurtenances.
SMALL CELL SITE: A location approved by the Village where a small cell facility has been or may be installed.
SMOKE: The visible discharge from a chimney, stack, vent, exhaust or combustion process which consists of particulate matter.
SOLAR ENERGY SYSTEM: A system with the primary purpose of harvesting energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
SOLAR ENERGY SYSTEM, BUILDING MOUNTED: A type of solar energy system that is mounted on the roof of a principal or accessory building. A building mounted solar energy system includes:
A. Integrated: A building mounted solar energy system that is integrated into the design of a building. Integrated systems include, but are not limited to, photovoltaic or thermal systems that are contained within roofing materials, skylights, shading devices and similar architectural components.
B. Flush Roof Mounted: A building mounted solar energy system that is mounted to a finished roof surface where the solar collector panels, once installed, project no farther than six inches (6") in height beyond the roof surface and is parallel to the roof surface.
C. Nonflush Roof Mounted: A building mounted solar energy system that is mounted to a finished roof surface where the solar collector panels, once installed, project more than six inches (6") in height beyond the roof surface.
SOLAR ENERGY SYSTEM, GROUND MOUNTED: A type of solar energy system that is mounted to the ground.
SOLAR ENERGY SYSTEM LEVEL 1: A solar energy system which meets the definition of a level 1 system as set forth by 83 Illinois Administrative Code 466, as amended from time to time.
SOLAR ENERGY SYSTEM LEVEL 2: A solar energy system which meets the definition of a level 2 system as set forth by 83 Illinois Administrative Code 466, as amended from time to time.
SOLAR ENERGY SYSTEM, TOTAL HEIGHT: The vertical distance from natural grade to the highest point of the solar energy system.
SOLAR FARM ENERGY SYSTEM: A solar energy system which meets the standards set forth by 83 Illinois Administrative Code 467, as amended from time to time.
SOLAR FARM ENERGY SYSTEM, ACCESSORY: A solar energy system which meets the standards set forth by 83 Illinois Administrative Code 467 and is incidental and subordinate to the principal use established on a zoning lot.
SOLAR GARDEN ENERGY SYSTEM: A solar energy system which meets the definition of a level 2 or greater system as set forth by 83 Illinois Administrative Code 466, as amended from time to time.
SOLAR GARDEN ENERGY SYSTEM, ACCESSORY: A solar energy system which meets the standards of a level 2 or greater system set forth by 83 Illinois Administrative Code 466 and is incidental and subordinate to the principal use established on a zoning lot.
SORTING FACILITY: A warehouse wherein items such as parcels, boxes, cartons or parts are separated, routed, merged, identified, inducted and conveyed to specific destinations usually not shipped directly to consumers.
SPECIAL ASSESSMENT: A fee levied by a local authority that is used to finance a local improvement that primarily benefits the landowners who pay the assessment.
SPECIAL USE: See definition of use, special.
SPECIAL USE PERMIT: A permit issued by the Village of Sugar Grove that must be acquired before a use listed as a special use in any zoning district can occur, or a building proposed for any special use can be constructed. See chapter 13 of this title.
SPECIALTY FOOD STORE: A retail store specializing in a specific type or class of foods. Examples include: bakery, delicatessen, fish market or gourmet shop.
SPECIALTY SHOPPING CENTER: A shopping center whose shops cater to a specific market, and are linked together by an architectural, historical, or geographic theme or by a commonality of goods and services.
SPECIFIED ANATOMICAL AREAS: For the purpose of this title, specified anatomical areas means:
A. Less than completely and opaquely covered human genitals, pubic region, buttock; female breasts 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: For the purpose of this title, specified sexual activities means:
A. Human genitals in the state of sexual stimulation or arousal; acts, or simulated acts, of human masturbation, sexual intercourse, bestiality, oral copulation, or sodomy;
B. Actual or simulated touching, caressing, or fondling or other erotic touching of human genitals, pubic region, buttock or female breasts;
C. Actual or simulated display of breasts, buttocks, pubic hair, anus, vulva or genitals; and
D. Display of moving pictures or photographic slide presentations depicting acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation or any other sexual acts as defined herein.
SPEED BUMP: A raised section of pavement designed to slow vehicles.
SPOT ZONING: The rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive land use plan.
SPRAWL: Uncontrolled growth in rural areas that is usually low density in nature, and which is located far from existing development, services and infrastructure.
STABLE: A structure that is used for sheltering horses and cattle.
STORAGE, OUTDOOR: See definition of Outdoor Storage.
STORY: That part of a building between any floor and the floor next above, and if there is no floor above, then the ceiling above. A basement is a story if more than one-half (1/2) of its height is above the average grade of the lot.
STORY, HALF: The portion of a building or structure under a gable, hip or mansard roof, which the wall plates 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. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three (3) stories in height, a half story in a sloping roof shall not be counted as a story for the purposes of this title.
STREET: An improved public or private right of way or easement which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to buildings.
STREET, ARTERIAL: A street with signals at important intersections and access control that collects and distributes traffic to and from collector streets.
STREET, COLLECTOR: A street which collects traffic from local streets and connects with arterials.
STREET FRONTAGE: See definition of Frontage.
STREET, LOCAL: A street designed to provide vehicular access to abutting property.
STREET, PRIMARY: An arterial or collector roadway designated as primary for the purposes of maintaining minimum roadway and right of way widths and building setbacks.
STREETSCAPE: A design term referring to all the elements that constitute the physical makeup of a street and that, as a group, define its character. This includes the building facade; street paving; street furniture; landscaping; awnings; marquees; signs and lighting.
STRIP DEVELOPMENT: Commercial or retail development, usually one store deep, that fronts on a major street.
STRIP MINING OR SURFACE MINING: A process of recovering ore or fuel deposits by mechanically scraping away the overlying rock and strata.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, excepting such alterations as may be required for the safety of the building.
STRUCTURE: An improvement upon land, other than the land itself, the use of which requires more or less permanent location on the ground, or is attached to something having a permanent location on the ground, including, but not limited to: buildings; fences; freestanding signs; patios; and parking areas.
STRUCTURE, LEGAL NONCONFORMING: A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision or amendment to this zoning ordinance, but which fails, by reason of such adoption, revision, or amendment, to conform to the present requirements of the zoning district in which it is located.
SUBDIVISION: The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels of land for sale, development, lease, or transfer of ownership.
SUBDIVISION, CONSOLIDATION: The combining of individual recorded lots to form one tract in single ownership.
SUMMER CAMP: A location away from home, often in a rural or country setting, where campers spend all or part of the summer living in tents, barracks, or dormitories, participating in organized activities, sports and arts and crafts, and usually eating together in a central dining facility.
SUPERMARKET: A retail establishment primarily selling food as well as other convenience and household goods.
SWALE: A depression in the ground that channels runoff.
SWIM SPA: A man-made rigid or semi-rigid receptacle for water, manufactured off-site and delivered to the site as a completed assembly designed to allow the user to swim in place fully suspended in the water; designed to sit on the ground, below the ground surface or, on a concrete slab or patio. Which is designed with an integral mechanical air injection system and/or a recirculating system that energizes water for purpose of swimming, exercising or other recreational purposes. Includes combination swim spa/hot tub.
SWIMMING POOL: A man-made rigid or semi-rigid receptacle for water having an inside wall depth at any point of more than two feet (2'), which is used or intended to be used for swimming, exercising, wading, bathing, immersion, or other recreational purpose, or partial immersion of human beings, and which is constructed, installed and maintained in or above ground or both whether intended for indoor or outdoor use, including any such receptacle that is designed and constructed to be disassembled and re-assembled to its original integrity on a seasonal basis (five (5) months or less). Also, including swim spas. Excluding hot tubs.
TAKING: To take, expropriate, acquire, or seize property without compensation.
TANK FARM: An open air facility that contains several aboveground large containers for the bulk storage of material in liquid, powder, or pellet form.
TAVERN: See definition of Drinking Establishment.
TELECOMMUTING: A work arrangement that allows employees to perform work electronically at a location other than the primary work location (such as a home or a subordinate office).
TEMPORARY STRUCTURE: A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
TEMPORARY USE: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
TERRACE: A level, landscaped and/or surfaced area directly adjacent to a principal building at or within three feet (3') of the finished grade, and not covered by a permanent roof.
THEATER: A building, or part of a building, devoted to showing motion pictures or used for live performances, including drama, dance, or music.
THEATER, DRIVE-IN: An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.
THEME PARK: An entertainment or amusement facility built around a single theme which may be historical, architectural, or cultural.
THROUGH LOT: See definition of lot, through.
TOT LOT: An improved and equipped play area for small children, usually up to elementary school age.
TOXIC MATTER: A substance which is capable of causing injury or death to living organisms by chemical means when present in relatively small amounts or which adversely affects the environment.
TRACT: An area, parcel, site, piece of land, or property which is the subject of a development application.
TRAILER: A vehicle without motive power used or adaptable for living, sleeping, business or storage purposes, that has no foundation other than wheels, blocks, skids, jacks, horses or skirting and has been or reasonably may be equipped with wheel or other devices for transporting the structure from place to place. The term "trailer" shall include camp car and house car.
TRIP DISTRIBUTION: The measure of the number of vehicles or passenger movements that are, or that will be made between geographic areas.
TRIP ENDS: The total number of trips entering and leaving a specific land use or site over a designated period of time.
TRIP GENERATION: The total number of vehicle trip ends produced by a specific land use or activity.
TRUCK SALES: The display and sale of new or used trucks, trailers, or similar commercial vehicles, and including any vehicle preparation or repair work conducted as an accessory use.
TRUCK STOP: Any building, premises, or land upon which a business, service, or industry involving the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel and other petroleum products directly into motor vehicles, and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop may also include overnight accommodations and restaurant facilities, primarily for the use of truck crews.
TRUCK TERMINAL: A node in the logistics system where the premises are used for the transfer of goods primarily involving loading and unloading of freight-carrying trucks, and accordingly, involving the storing, parking, servicing and dispatching of freight-carrying trucks and trailers; goods and freight are not stored on the premises.
UNDEVELOPED LAND: Land in its natural state before development.
UNIFIED CONTROL: The combination of two (2) or more tracts of land, wherein each owner has agreed that his or her tract shall be developed as part of a planned development, and shall be subject to all controls applicable to, and adopted for the planned development.
UPLIGHTING: Lighting applications which direct light above a ninety degree (90°) horizontal plane.
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: See definition of accessory uses, accessory structure, or accessory building.
USE, LAWFUL: The use of any building, structure or land that conforms with all of the regulations of this title or any amendment hereto, and which conforms with all of the codes, ordinances and other legal requirements, as existing at the time of the enactment of this title or any amendment hereto, for the structure or land that is being considered.
USE, LEGAL NONCONFORMING: The use of any building, structure or parcel of land which lawfully is occupied and maintained upon the effective date of the adoption or amendment 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: Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and when applicable, performance standards of this title for the district in which such use is located.
USE, PRINCIPAL: The main use of land or buildings as distinguished from a subordinate or accessory use.
USE, SPECIAL: A specific use of land or buildings, or both, described and permitted herein, subject to special provisions and which, because of its unique characteristics, cannot be properly classified as a permitted use. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such special use may or may not be granted, subject to the terms of this title. See chapter 13 of this title.
VACANCY: Any unoccupied land, structure or part thereof, that is available and suitable for occupancy.
VALUATION: The assessed valuation of a building, or where no assessed valuation exists, its appraised valuation.
VARIANCE: Permission granted by the Planning Commission/Zoning Board of Appeals to depart from the terms of this title where such departure will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship.
VEHICLE, OFF ROAD: Vehicles designed for use on a variety of nonimproved surfaces. Such vehicles include, but are not limited to: all-terrain vehicles, dune buggies, mopeds, motorbikes, snowmobiles, trail bikes.
VETERINARY HOSPITAL: See definition of animal hospital.
VIEWING AREA: The area where a patron or customer would ordinarily be positioned while watching a performance, picture, show or film in an adult use facility.
VILLAGE: The Village of Sugar Grove.
VILLAGE BOARD: The Board of Trustees of the Village of Sugar Grove, Illinois.
VISTA: A unique view to, or from a particular point.
VISUAL OBSTRUCTION: Any structure that limits visibility.
WAREHOUSE: A way station or storage node in the logistics system used for the storage of raw and/or finished material, goods and materials, but not including bulk storage of grain, beans, corn, wool and mohair.
WAREHOUSE, CROSS-DOCK: A warehouse wherein the premises are used for the transfer of goods or raw or finished materials primarily involving loading and unloading of freight-carrying trucks, and may involve the storing, parking, servicing and dispatching of freight-carrying trucks; finished goods and raw materials are stored and may be processed on the premises. Also known as transload warehouse.
WETLANDS: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, and bogs.
WHEEL STOP: A permanent device in a parking space that blocks the front wheels of a car or other motor vehicle.
WHOLESALE TRADE: Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
WIRELESS CARRIER: A provider of wireless communication services that owns or controls all elements necessary to sell and deliver services to an end user.
WIRELESS INFRASTRUCTURE PROVIDER: A third party who leases space for small cell and/or small cell facilities and contracts with wireless carriers to utilize said space.
YARD: An open space on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise authorized by this title.
YARD, CORNER SIDE: A space located between a principal building line and the corner side lot line. Such corner side yard is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this title.
YARD, FRONT: A space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. Such front yard is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this title.
YARD, INTERIOR SIDE: A space extending from the front yard to the rear yard between the principal building and the interior side lot line, measured perpendicular from the interior side lot line to the closest point of the principal building. Such side yard is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this title.
YARD, REAR: A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this title.
YARD, REQUIRED: The open space between a lot line and the buildable area within which no structure will be located, except as provided by this title.
YARD, TRANSITION: The open space between a principal building, accessory building, off street parking facility, or accessory use and the transitional lot line. A solid landscape screen is required in transition yards along off street parking facilities.
YOUTH CAMP: Any parcel or parcels of land having the general characteristics of a camp, used wholly or in part, for recreational or educational purposes and accommodating five (5) or more children under eighteen (18) years of age for a period of, or portions of, two (2) days or more and including a site that is operated as a day camp or a resident camp.
ZERO LOT LINE: The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
ZONE: A specifically delineated area or district in a municipality within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings.
ZONING BOARD: The Village of Sugar Grove Planning Commission/Zoning Board of Appeals.
ZONING DISTRICT: A specifically delineated land area within Sugar Grove, Illinois, as specified on the zoning map, within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
ZONING MAP: The map incorporated herein as a part hereof, designating zoning districts.
ZONING OFFICIAL: The Administrative Officer designated by the Village President to administer this title.
(Ord. 2002-01-15B, 1-15-2002; amd. Ord. 2004-06-01B, 6-1-2004; Ord. 2004-11-16A, 11-16-2004; Ord. 2005-02-01C, 2-1-2005; Ord. 2007-08-21A, 8-21-2007; Ord. 2011-07-05B, 7-5-2011; Ord. 2014-05-20A, 5-20-2014; Ord. 2014-08-05B, 8-5-2014; Ord. 2016-06-07, 6-7-2016; Ord. 2016-07-05A, 7-5-2016; Ord. 2016-10-18A, 10-18-2016; Ord. 2016-12-13C, 12-13-2016; Ord. 2016-12-13D, 12-13-2016; Ord. 2017-08-01, 8-1-2017; Ord. 2017-08-01C, 8-1-2017; Ord. 2017-12-05, 12-5-2017; Ord. 2018-03-20C, 3-20-2018; Ord. 2018-07-24E, 7-24-2018; Ord. 2018-11-20, 11-20-2018; Ord. 2020-03-017B, 3-17-2020; Ord. 2020-0915B, 9-15-2020; Ord. 2020-1117A, 11-17-2020; Ord. 2022-0315C, 3-15-2022; Ord. 2023-0516B, 5-16-2023; Ord. 2023-0516C, 5-16-2023; 2023-0919B, 9-19-2023)