(A) Rules of construction. The following rules shall be observed and applied in the interpretation of this chapter, except when the text clearly indicates otherwise.
(1) Words and phrases shall have the meanings respectively ascribed to them in division (B) below, unless the context clearly indicates otherwise; terms not defined in division (B) below shall have their standard English dictionary meanings.
(2) Words denoting the masculine gender shall include the feminine and neuter genders.
(3) Words used in the present tense shall include the future tense.
(4) Words used in the singular number shall include the plural number, and the plural the singular.
(5) The term “shall” is mandatory; the term “may” is discretionary.
(6) All distances shall be measured to the nearest integral foot. Six inches or more shall be deemed one foot.
(7) Captions (i.e., titles of sections, divisions and the like) are intended to merely facilitate general reference and in no way limit the substantive application of the provisions set forth thereunder.
(8) References to sections shall be include all divisions within that section; but a reference to a particular division designates only that division.
(9) A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.
(10) The word “lot” shall include plot and parcel.
(11) The words “building and/or structures” shall include all non-living improvements upon the land.
(12) The phrase “used for” shall include the phrases “designed for”, “intended for”, “occupied for or by” and “maintained for”.
(Prior Code, § 20-201)
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. To have a common property line or district.
ACCESSORY BUILDING OR USE. A building or use which:
(a) Is subordinate to and serves a principal building or principal use;
(b) Is subordinate in area, extent or purpose to the principal building or principal use served;
(c) Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
(d) Is located on the same zoning lot as the principal building or potential use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.
ACCESSWAY. A curb cut, ramp, driveway or other means for providing vehicular access to an off-street parking or loading area.
ADJACENT. Lying near or in the immediate vicinity.
ADJOINING. Touching or contiguous, as distinguished from lying near.
ADMINISTRATOR. See ZONING ADMINISTRATOR.
ADVERTISING. See SIGN.
AERIALS or ANTENNAS. Structures or devices used to detect or radiate electromagnetic waves; specifically, that part of a radar or of a radio-sending or radio-receiving set that consists of that apparatus that radiates waves or receives them.
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 proposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture 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. Included are truck-farming, poultry farming, bee-keeping, raising of fruit and berries, and the selling of agricultural products, but shall not include mechanized industrial animal farms. AGRICULTURE shall not include the commercial feeding of garbage to swine or other animals.
AISLE. A vehicular traffic-way within an off-street parking area used as a means of access/egress from 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.
ALTERATION. Any change in size, shape, character, occupancy or use of a building or structure.
AMENDMENT. A change in the provisions of this chapter, including the district map, properly effected in accordance with state law and the procedures set forth herein.
ANCHOR. Any approved device to which a mobile or manufactured home is tied down to keep it firmly attached to the stand on which it is placed.
ANIMAL HOSPITAL. Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.
APARTMENT. See DWELLING UNIT.
APARTMENT BUILDING. See DWELLING, MULTIPLE-FAMILY.
ASPHALT. A mixture of petroleum by-products and gravel used for paving to form an impermeable, all-weather and dustless surface.
ATTACHED. As applied to buildings, having a common wall and/or a common roof.
AUDITORIUM. A room, hall or building made a part of a church, theater, school, recreation building or building assigned to the gathering of people as an audience to hear lectures, plays and other presentations.
AUTOMOBILE LAUNDRY. A building or portion thereof containing facilities for washing more than two automobiles, providing space, water, equipment or soap for washing of automobiles by the operator or customer. Production line methods using mechanical devices are permitted.
AUTOMOBILE REPAIR, MAJOR. The general repair, engine rebuilding or reconditioning of motor vehicles, collision service; such as body, frame and fender straightening and repair and painting of motor vehicles.
AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of parts and motor service of automobiles, but excluding any operation specified under “automobile repair, major”.
AUTOMOBILE SERVICE STATION. Any building or premises used for the dispensing, sale or offering for sale at retail to the public, automobile fuels stored only in underground tanks located wholly within the lot lines; lubricating oil or grease for the operation of automobiles; and the sale and installation of tires, batteries, other minor accessories and minor automobile repair, but not including a bulk plant, conduct of major automobile repairs, automobile wrecking, automobile sales or automobile laundries; provided, however, that, the washing of individual’s automobiles where no chain conveyer is employed may be included.
AWNING. A roof-like cover, temporary in nature, which projects from the wall of a building and may overhang the public way.
BANQUET HALL. A building, or portion thereof, primarily intended to accommodate large groups of diners on special occasions.
BASEMENT. The portion of a building having more than one-half of its height below lot grade.
BASEMENT, SUBGRADE. The portion of a building, which is partly underground, but has at least one-half of its average height above lot grade.
BILLBOARD. See SIGN, BILLBOARD.
BLOCK. A track of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, municipal boundary lines, township lines or county lines.
BOARD OF APPEALS. The Planning and Zoning Board of the village.
BUFFER STRIP. An area of land undeveloped, except for landscaping, fences or other similar uses intended to protect a use situated on one lot from the injurious effects of the use on the adjacent lot.
BUIIDABLE AREA. The area of a lot remaining after the minimum open space and/or yard requirements of this chapter have been complied with.
BUILDING. Any structure built, used, designed or intended for the support, shelter, protection or enclosure of persons, animals, chattels or property of any kind, and which is permanently affixed to the land. When a BUILDING is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part shall be deemed a separate BUILDING. See also UNIPLEX.
BUILDING, ACCESSORY. See ACCESSORY BUILDING OR USE.
BUILDING, DETACHED. A building surrounded by an open space on the same lot.
BUILDING HEIGHT. The vertical distance from the sidewalk level, or its equivalent established grade opposite the center of the front of a building to the highest point of the underside of the ceiling beams, in the case of a flat roof, to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the rise of a gable, hip or gambrel roof. Where no sidewalk level has been established, the HEIGHT OF A BUILDING may be measured from the mean elevation of the finished lot grade at the front of the building.
BUILDING PERMIT. A permit issued by the Building Code Administrator for the construction, erection or alteration of a structure or building.
BUILDING, PRINCIPAL. A non-accessory building in which a principal use of the lot on which it is located is conducted.
BUILDING, RESIDENTIAL. Any building that is used exclusively for permitted residential uses.
BUILDING, SERVICE. As applied to the manufactured home regulations of the Land Development Code, a building in which laundry facilities or other such service facilities are provided.
BUILDING SETBACK LINE. The minimum distance between a street right-of-way and the nearest supporting member of any structure on the lot.
BULK. A term used to indicate the size and setbacks of buildings or structures and their location with respect to one another, including:
(a) Height and area of buildings;
(b) Location of exterior walls in relation to lot lines, streets or other buildings;
(c) All open space allocated to buildings; and
(d) Amount of lot area required for each dwelling unit.
BUSINESS. An occupation, employment or enterprise, which occupies time, attention, labor and materials; or wherein merchandise is exhibited or sold or where services are offered.
CANOPY. A roof-like structure projecting from a wall and supported in whole or in part by vertical supports to the ground, and erected primarily to provide shelter from the weather.
CANOPY, SERVICE STATION. A roof-like structure, usually self-supporting and detached, and erected primarily to provide shelter from the weather at self-service gas pumps.
CAR TITLE LOAN ESTABLISHMENT. An establishment whose primary business is to offer short-term loans in exchange for the borrower’s title to his or her vehicle as security.
CARPORT. An open-sided, roofed automobile shelter, usually formed by extension of the roof from the side of a building.
CENTERLINE.
(a) The centerline of any right-of-way having a uniform width;
(b) The original centerline, where the right-of-way has been widened irregularly; and
(c) The new centerline, whenever a road has been relocated.
CERTIFICATE OF ZONING COMPLIANCE, FINAL. A permit issued by the Zoning Administrator indicating that a lot or newly completed structure or use complies with all pertinent requirements of this chapter and may, therefore, be occupied or used.
CERTIFICATE OF ZONING COMPLIANCE, INITIAL. A permit issued by the Zoning Administrator indicating that a proposed lot, structure or use is in conformity with the requirements of this chapter.
CHILD CARE CENTER. State-licensed day care centers, which receive preschool or school age children, or both, for short-term or extended hours of care, or out-of-school hours, and which provide essential personal care, protection, supervision, training and programs to meet the needs of the children served.
CLINIC, MEDICAL OR DENTAL. An organization of specializing physicians or dentists, or both, who have their offices in a common building. A CLINIC shall not include inpatient care.
CLUB/LODGE. A not-for-profit association of persons who are bona fide members organized for some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMMERCIAL USE/ESTABLISHMENT. Any use or establishment wherein goods are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).
COMMON OPEN SPACE. Land unoccupied by structures, buildings, streets, rights-of-way and automobile parking lots and designed and intended for the use or enjoyment of residents of a planned unit development. COMMON OPEN SPACE may contain structures for recreational use.
CONDOMINIUM. A form of cooperative ownership, which permits individual ownership of a specific part of a building, with common ownership of all spaces beyond the specific apartments. Each apartment can be owned in fee simple, with no restrictions on the sale, rental or transfer of same, other than restrictions on all real estate. CONDOMINIUMS must meet requirements of the state law.
CONDOMINIUMS, BUSINESS. A form of cooperative ownership, which permits individual ownership of a specific part of a building, with common ownership of all spaces beyond the specific units. Each unit can be owned in fee simple, with restrictions on the sale, rental or transfer of same, other than the restrictions on all real estate. BUSINESS CONDOMINIUMS must meet the requirements of state law and § 154.079(H) of this chapter.
CONFORMING BUILDING OR STRUCTURE. Any building or structure which complies with all the regulations of this chapter or of any amendment hereto governing bulk for the zoning district in which such building or structure is located.
CONFORMING USE. Any use which occupies a building, structure or lot and which complies with the regulations of this chapter or of any amendment hereto governing permitted and special uses for the zoning district, in which such use are located.
CONVALESCENT HOME. See NURSING HOME, HOME FOR THE AGED, HOMES FOR ILL OR PHYSICALLY INFIRM PERSONS and related definitions; HOSPITAL, INTERMEDIATE CARE FACILITY, SHELTERED CARE FACILITY, SHELTERED CARE HOME and SKILLED NURSING FACILITY.
CORNER LOT. See LOT, CORNER.
CORRECTIVE ACTION ORDER. A legally binding order issued by the Zoning Administrator in accordance with the procedures set forth herein, to effect compliance with this chapter.
COSMETIC TATTOOING. The practice commonly referred to as permanent makeup, in which micropigmentation or intradermal cosmetics are applied to permanently or semi-permanently simulate the appearance of common cosmetic applications such as eyeliner, lip liner, lip color, eyebrow
enhancement, and beauty marks, or to otherwise permanently or semi-permanently restore or improve the appearance of damaged or disfigured skin and other bodily features to natural coloration and condition.
COURT. An open unoccupied space other than a yard on the same lot with a building, which is totally or partially enclosed by building or buildings and is completely open to the sky.
CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. 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.
DAY CARE CENTER. Any state licensed child day care facility receiving more than eight children for daytime care during all or part of the day. The term DAY CARE CENTERS includes facilities called CHILD CARE CENTERS, DAY NURSERIES, NURSERY SCHOOLS, KINDERGARTENS, PLAY GROUPS and CENTERS OR WORKSHOPS FOR MENTALLY OR PHYSICALLY HANDICAPPED without stated educational purposes. The term does not include:
(a) Kindergartens or nursery schools or other daytime programs operated by public or private elementary school systems or secondary level school units or institutions of higher learning;
(b) Facilities operated in connection with a shopping center or service, or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises, or in the immediate vicinity and readily available;
(c) Any type of
DAY CARE CENTER that is conducted on federal government premises; or
(d) Special activities programs, including athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, charitable or governmental organizations.
DAY CARE HOME. Any state licensed child day care facility receiving eight or fewer children for daytime care during all or part of the day, and within the residential premises of the person so licensed. Such homes must meet the requirements of a home occupation in order to be a permitted or special use in some districts.
DAY NURSERIES. State-licensed day care centers, which receive preschool age children for short-term or extended hours of care, and which provide essential personal care, protection, supervision, training and programs to meet the needs of the individual children served.
DETACHED. As applied to buildings, surrounded by yards on the same lot as the buildings.
DEVELOP. To erect any structure or to install any improvements on a tract of land, or to undertake any activity, such as grading, in preparation therefore.
DISTRICT. A portion of the territory of the village wherein certain uniform requirements or various combinations thereof apply to structures, lots and uses under the terms of this chapter.
DRIVE-IN ESTABLISHMENTS. An establishment which is designed to provide, either wholly or in part, service to customers while in their automobiles parked upon the premises.
DRIVEWAY. A minor way commonly provided vehicular access to a garage or off-street parking area.
DUPLEX. A dwelling which has accommodations for two families.
DWELLING. A building or portion thereof, but not including a house trailer, mobile home or manufactured home, designed or used exclusively for residential occupancy, including single-family dwelling units, two-family dwelling units and multiple-family dwelling units, but not including hotels, boarding or lodging houses.
DWELLING, ATTACHED. A dwelling containing two or more dwelling units and adjoined to other dwellings by party wall or walls, originally constructed for said purposes.
DWELLING, CONVERTED. Any building which was originally designed and constructed as a one-, two- or three-family dwelling, but which has been changed or altered by the construction of additional dwelling units to provide for more families than the original building.
DWELLING, DETACHED. A dwelling unit, which is surrounded on all sides by open space on the same lot.
DWELLING, MULTIPLE-FAMILY. A dwelling containing three or more dwelling units, originally constructed for said purpose, and not including converted dwellings.
DWELLING, SEMI-ATTACHED. A dwelling, which is jointed to another dwelling by a garage, carport, recreational structure or other non-residential facility.
DWELLING, SINGLE-FAMILY. A dwelling containing accommodations for occupancy only by one family.
DWELLING, TWO-FAMILY. A building designed exclusively for occupancy by two families, each living independently of the other.
DWELLING UNIT. One or more rooms in a dwelling designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.
EASEMENT. A right to use another person’s real property for certain limited purpose.
EDUCATIONAL INSTITUTION. A public, parochial, charitable or non-profit junior 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.
EFFICIENCY UNIT. A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closet or dining alcove directly off the principal room.
ENCLOSED. As applied to a building, covered by a permanent roof and separated on all sides from adjacent open space or other building by fixed exterior walls or by common walls, with openings only for windows and doors.
ENLARGE. To increase the size (floor area, height and the like) of an existing principal structure or accessory use, or to devote more land to an existing use.
ERECT. To build, construct.
ESSENTIAL SERVICES. Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These SERVICES include underground, surface or overhead gas, electrical, water, sanitary sewerage, storm water drainage, and communication systems and accessories thereto, such as poles, towers, wires, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants and the like, but not including buildings that do not need to be in the immediate area of the uses they service.
ESTABLISHMENT. Either of the following:
(a) An institution, business, commercial or industrial activity that is the sole occupant of one or more buildings; or
(b) An institution, business, commercial or industrial activity that occupies a portion of a building such that:
1. The activity is a logical and separate entity from the other activities within the building and to a department of the whole; and
2. The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entry way that has direct access to the exterior of the building.
EXCAVATION. Any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
EXISTING. Actually constructed or in the operation on the effective date of this chapter.
EXISTING GRADE. The vertical location of the existing ground surface prior to excavation or filling.
FAMILY. An individual, or two or more persons related by blood, marriage or adoption, or a group of not more than four persons, not related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit, but not including sororities, fraternities or other similar organizations.
FARM. Land being used for agricultural purposes.
FARM HOMESTEAD. The building located on a farm that is the residence of the farm owner or tenant operator.
FAST-FOOD RESTAURANT. See RESTAURANT, FAST-FOOD.
FENCE. Any construction of wood, metal, wire mesh, masonry or other material erected for the purpose of assuring privacy, protection or restraining animals.
FENCE, DECORATIVE. A fence intended primarily for aesthetic purposes.
FILL. Earth, gravel, small rock or rubble (not to exceed three inches in diameter) used to build up a piece of land.
FLOOD BASE ELEVATION. That elevation of the highest flood of record, determined by the Village Engineer’s record of the elevations of the highest flood at locations as indicated on the floodplain map of the village on file in the office of the Village Clerk. FLOOD BASE ELEVATIONS at intermediate locations shall be interpolated along the watercourse between the two nearest flood base elevations, one for each upstream and downstream. The controlling flood base elevation for any building site shall be the same as the flood base elevation at the nearest point of the watercourse.
FLOODPLAIN. The area of land adjoining a watercourse or other body of water, which has been or may be hereafter covered by flood water.
FLOODPLAIN MAP. Any accepted engineering standards or mapping used to delineate the minimum flood base elevations for the village, and may include the following:
(a) The National Flood Insurance Program Flood Insurance Rate Map for the village, as amended from time to time;
(b) Geologic maps prepared by the State Geologic Survey;
(c) Mapping and/or source information from the U.S. Department of Agriculture, Soil Conservation Service;
(d) Mapping and/or source information from the County Soil and Water Conservation District; and
(e) Maps of ground water conditions prepared by the state water survey.
FLOOD-PROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, intended primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in a flood hazard area.
FLOODWAY. The channel of the stream or body of water and those portions of the adjoining floodplains designated by the village as necessary to carry and discharge the flood water flow of any such river, stream or other body of water.
FLOOR AREA.
(a) For determining off-street parking and loading requirements, the sum of the gross horizontal areas of the several floors of a building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks or closets and any floor area devoted to retailing goods, or to business or professional offices; and
(b) However,
FLOOR AREA, for the purposes of measurement for off-street parking spaces, shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space, or mechanical or storage floor area other than area devoted to retailing activities, to the production of goods or to business or professional offices.
FREEWAY. A traffic-way providing at least two lanes going each direction with a median strip preventing crossover between the two lanes. FREEWAYS are characterized by high-speed travel, limited access to adjoining property owners and generally serve as vehicle transportation routes within an urbanized area or between urban areas or states.
FRONTAGE. The portion of a lot or parcel directly abutting a dedicated street.
GARAGE, PRIVATE. An accessory building or an accessory portion of the principal building which is intended and used to store not more than four private motor vehicles owned by members of the family or families residing upon the premises, may be rented for the storage of private motor vehicles of persons not residing on the premises; except that, all the space in a garage of one or two-car capacity may be so rented. Such a garage may be used for the storage of not more than one commercial truck having a load capacity of three-fourths of a ton or less.
GARAGE, PUBLIC. Any building other than a private or storage garage where motor vehicles are equipped, repaired, serviced, hired, sold or stored.
GARAGE, STORAGE. Any building used for the storage only of motor vehicles pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold. No commercial motor vehicle exceeding two tons capacity shall be stores in any STORAGE GARAGE.
GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
GRADE, STREET. This term shall have the same meaning as the term CURB LEVEL.
GRADING. Excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.
GUARANTEE OF IMPROVEMENTS. A guarantee to the village that the requirements of this chapter will be met in full by a specified date. Such GUARANTEE can be in the form of a certificate of deposit, irrevocable letter of credit, performance bond or other form that will enable the village to obtain and use funds provided by the permittee to complete the required improvements in the event the permittee fails to do so.
HARDSHIP. A condition that would result from the strict application of the terms of this chapter; provided, the following criteria are met:
(a) The condition is unique to the property and is not applicable generally to other property within the district;
(b) The situation was not created by anyone having an interest in the property;
(c) The request for a hardship variation is not based exclusively on a desire to make more money out of the property; and
(d) The hardship exists due to the particular physical characteristics of the property in question.
HOME FOR THE AGED. Any home operated not-for-profit under the auspices of a religious, fraternal, charitable or other not-for-profit organization, or by a county pursuant to 55 ILCS 5/5-22001, as heretofore or hereafter amended, or operated not-for-profit under an endowment, which through its ownership or management, and its principal objective, provides maintenance, personal care, nursing or sheltered care to aged persons, and in the conduct of which provides such service or services to three or more persons over 60 years of age.
HOME FOR ILL OR PHYSICALLY INFIRM PERSONS. A home providing meals, shelter, assistance with personal functions, general supervision and professional nursing assistance for persons, because of age or physical or mental disability, incapable of maintaining their own residence and caring for their own needs.
HOME OCCUPATION. An occupation or profession, practiced by a member of the family residing on the premises in connection with which there is no indication from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; provided that, a professional person may use his or her residence for consultation, emergency treatment or performance of religious rites.
HOSPITAL or SANITARIUM. An institution devoted primarily to the maintenance and operation of facilities of the diagnosis, treatment or care for not less than 24 hours in any week of three or more non-related individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions.
HOTEL. An establishment which is open to transient guests in contradistinction to a boarding, rooming or lodging house, and is commonly known as a HOTEL in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture and bellboy service.
IMMOBILIZE. As applied to a mobile home, to remove the wheels, tongue and hitch and/or to place on a permanent foundation.
INDEPENDENT LIVING FACILITY. A private boarding home, institution, building, residence or other place in which its ownership or management provides living accommodations for elderly tenants without providing medical or nursing care. Said accommodations are typically independently-leased apartments or rooms that include individual sanitary, but not full cooking facilities, thus differentiating said accommodations from multi-family dwelling units as defined. Meals, maintenance and other services are typically included in the monthly lease rate. The intent of INDEPENDENT LIVING FACILITIES is to provide an alternative to nursing care for elderly residents who still desire to live independently, do not require medical supervision, but could benefit from the social interaction of living with other people of similar age and interests.
INTERMEDIATE CARE FACILITY. Basic nursing care and other restorative services under periodic medical direction. Many of these services may require skills in administration. Such facilities are for patients who have long-term illness or disabilities which may have reached a relatively stable plateau.
INTERSECTION. The point at which two or more public rights-of-way (generally streets) meet.
JUNK YARD. A tract of land, including any accessory structures thereon, that is used for buying, selling, exchanging, storing, baling, packing, disassembling or handling waste or scrap materials. Such scrap materials include vehicles, machinery and equipment not in operable condition (or part thereof), and metals, glass, paper, plastics, rags and rubber tires. A lot on which three or more inoperable vehicles are stored shall be deemed a JUNK YARD. A JUNK YARD includes an automobile wrecking yard.
KENNEL. An establishment providing boarding or day care services for dogs, cats and/or other household pets, with indoor and outdoor play areas. Except for standard vaccinations, no medical treatment shall be provided to the animals at this facility. Animals may be groomed, trained, exercised and socialized, but not bred or sold. As an accessory to the standard boarding/day care services, a KENNEL may also be engaged in the business of retail sales of pet food and supplies. Facilities of this nature may also be known as ANIMAL DAY CARE FACILITIES or DOG DAY CARE FACILITIES.
KINDERGARTEN. State-licensed day care centers which receive children between the ages of four and six years, and which are established and professionally operated primarily to conduct educational programs for early childhood development.
LABORATORY, RESEARCH. A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
LIVABLE FLOOR AREA. All internal floor area of a dwelling unit excluding basements, garages and utility rooms.
LOADING AND UNLOADING SPACE OR BERTH, OFF-STREET. An open, hard-surfaced area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys.
LOT. A tract of land intended for the purpose, whether immediate or future, of transfer of ownership or development. A LOT may be a ZONING LOT and may or may not coincide with a LOT OF RECORD.
LOT AREA, GROSS. The area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a duly-recorded lake or river.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries. For the fronting of the radius of a cul-de-sac, or fronting on a “partial cul-de-sac” as a “bump out” on the outside radius of a roadway curve, LOT DEPTH shall be measured along a line perpendicular to a tangent on any point of the outside radius of the front lot line.
LOT INTERIOR. A lot other than a corner or reversed corner lot.
LOT LINE. An imaginary line at the edge or boundary of a zoning lot, or a line at the boundary of a lot of record.
LOT LINE, CORNER SIDE. The boundary of a corner lot that abuts a dedicated street other than the front lot line.
LOT LINE, FRONT. The lot line abutting a dedicated street. In the case of a corner lot, the lot line abutting the street having the least length shall be the FRONT LOT LINE. In the case of a through lot, the Zoning Administrator shall establish the FRONT LOT LINE.
LOT LINE, REAR. The boundary of a lot, which is most distant from, and is, or is most nearly, parallel to, the front lot line.
LOT LINE, SIDE. Any boundary of a lot, which is not a front lot line or a rear lot line.
LOT OF RECORD. A lot, which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Deeds, or a parcel of land, the deed to which was recorded in the office of the County Recorder of Deeds, in accordance with state law.
LOT, REVERSED CORNER. A corner lot the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, THROUGH (DOUBLE FRONTAGE). A lot having a pair of opposite lot lines along two, more or less, parallel dedicated streets, and which is not a corner lot.
LOT WIDTH. The horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first 25 feet of lot depth immediately in back of the front yard setback line.
LOT, ZONING. A single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a ZONING LOT OR LOTS may or may not coincide with a lot of record.
MAINTENANCE. The routine upkeep of a structure, premises or equipment, including the replacement or modification of structural components to the extent necessary to keep said structure in sound condition.
MAJOR THOROUGHFARE. A traffic-way with at least two lanes in each direction. A MAJOR THOROUGHFARE may or may not be a freeway, arterial street, secondary arterial street or collector street.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis in accordance with the National Manufactured Home Construction and Safety Standards, and designed to be used as a dwelling by one family, including the plumbing, heating, air- conditioning and electrical systems contained therein.
MANUFACTURED HOME, DEPENDENT. A manufactured home, which does not have a toilet and bath or shower facilities.
MANUFACTURED HOME, INDEPENDENT. A manufactured home with self-contained toilet and bath and shower facilities.
MANUFACTURED HOME PARK. An area of land under unified ownership and control on which two or more occupied manufactured homes are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosed use or intended use as part of the equipment of such manufactured home park.
MANUFACTURED HOME SPACE. Any portion of a manufactured home park designed for the use or occupancy by one manufactured home.
MANUFACTURED OFFICE. A detached structure, transportable in one or more sections, which is built on a permanent chassis, and is designed and intended to be used as an office. Such offices shall fully comply with the village’s Manufactured Home Code.
MARQUEE. A roof-like structure of a permanent nature, which projects from the wall of a building and overhangs the public way.
MASSAGE ESTABLISHMENT. Any establishment having a fixed place of business where any person, firm, association or corporation engages in, or carries on or permits to be engaged in or carried on, any of the activities of therapeutic massage, as defined. Exception: chiropractor offices, physical therapy facilities and offices of other licensed medical professionals.
MASSAGE, THERAPEUTIC. Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external soft parts of the human body with the hands, or other parts of the body, or with the aid of any mechanical or electrical device, apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice, and performed by a massage therapist (as defined).
MASSAGE THERAPIST. Any person who has obtained the minimum number of hours of education as required by the state from a recognized school training in therapeutic message, and is properly licensed by the state, and who, for any consideration whatsoever, engages in the practice of therapeutic massages, as defined. Exception: chiropractors, physical therapists and other licensed medical professionals.
MASSAGE SERVICE, ON-CALL. Any business, the function that is to engage in or carry on therapeutic massages at a location designated by the customer or client rather than at a therapeutic massage establishment.
MEZZANINE. An intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.
MOBILE CLASSROOM, TEMPORARY. A detached structure, built on a permanent chassis so that it is transportable in one or more sections, but specifically designed for use as a temporary accessory classroom for an established educational facility. Such CLASSROOMS must fully comply with the village’s building codes.
MOBILE HOME. A structure, transportable in one or more sections, which was built on a permanent chassis prior to the enactment of the National Manufactured Home Construction and Safety Standards, and is designed to be used as a dwelling by one family, including the plumbing, heating, air- conditioning and electrical systems contained therein. See MANUFACTURED HOME.
MOBILE HOME PARK. A parcel not less than five acres in area in single ownership/control, developed with facilities for accommodating occupied mobile homes in accordance with the requirements of this chapter.
MOBILE HOME SPACE. A portion of a mobile home park designed and improved for the placement of one mobile home and the private use of the occupants thereof.
MOBILE HOME STAND. The part of a mobile home space beneath the mobile home that includes the concrete slab or runners on which the home is placed and to which it is anchored.
MOBILE/MANUFACTURED OFFICE. A detached structure, transportable in one or more sections, which is built on a permanent chassis and is designed and intended to be used as an office. Such offices must fully comply with the village’s Manufactured Home Code.
MOBILE OR PORTABLE MARQUEE. A term used to describe any sign designed to be moved from place to place, including, but not limited to, signs attached to wood or metal frames designed to be self-supporting and movable; or paper, cardboard or canvas signs wrapped around supporting poles.
MODULAR HOME. Any detached single-family dwelling that is transported to the site where it will be permanently located in assembled or non-assembled form, and that fully complies with the adopted Building Code.
MOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourist. A MOTEL furnishes customary hotel services such as maid service, and laundering of linen, telephone and secretarial or desk service and the use and upkeep of furniture. In a MOTEL, less than 50% of the living and sleeping accommodations are occupied or designed for occupancy by person other than transient persons.
MOTOR VEHICLE. Any passenger, vehicle, truck, tractor, tractor-trailers, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical power.
MOTOR VEHICLE REPAIR, MAJOR AND MINOR. See AUTO REPAIR, MAJOR AND MINOR.
NON-CONFORMING BUILDING OR STRUCTURE. A building or structure or portion thereof lawfully existing on the effective date of this chapter or at the time of adoption of any amendment thereto, which:
(a) Was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is located; and
(b) Does not comply with the bulk and other requirements of this chapter in the zoning district in which the building or structure is located.
NON-CONFORMING USE. A use which lawfully occupies a building or land on the effective date of this chapter or at the time of adoption of any amendment thereto, and which does not conform with the use regulations of the district in which it is located.
NON-CONFORMING VACANT LOTS OF RECORD. Vacant lots of record which lawfully existed on the effective date of this chapter or at the time of adoption of any amendment thereto, and which do not meet the lot size requirements of the district in which they are located.
NUISANCE. Any thing, condition or conduct that endangers health or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life.
NURSERY. A tract of land on which trees, shrubs and other plants are raised for transplanting and/or sale, and including any structure in which said activities are conducted.
NURSERY SCHOOLS. State-licensed day care centers which receive children between the ages of two and six years and which are established and professionally operated primarily for educational purposes to meet the children served.
NURSING HOME. A private home, institution, building, residence or other place whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to 55 ILCS 5/5-21001, as now or hereafter amended, or any similar institution operated by a political subdivision of the state which provides, through its ownership or management, maintenance, personal care or nursing for three or more persons, not related to the applicant or owner by blood or marriage, or any similar facility in which maintenance is provided to three or more persons who by reason of illness or physical infirmity require person care or nursing.
OCCUPIED LAND AREA. For computing off-street parking and loading space requirements, that area of a lot occupied by all buildings, structures and accessory uses which in combination encompass the operation of the principal use. OCCUPIED LAND AREA is normally used in computing required parking for uses, which typically are not completely enclosed. Examples are vehicle sales lots and outdoor recreational facilities.
OFF-STREET LOADING. See LOADING AND UNLOADING SPACE.
OFFICE. Any building or portion thereof in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.
OPEN SALES LOT. A lot or parcel of land used or occupied for the purpose of buying, selling or trading of all goods and commodities and including the storage of same prior to sale of exchange.
OPEN SPACE. Any land developed as yards, parks, recreational areas including community centers, and landscaped green areas and exclusive of areas developed for off-street parking.
OVERLAY DISTRICT. A zoning district superimposed over one or more standard (primary) zoning districts or portions thereof for the purpose of controlling developmental problems caused by such factors as steep slopes, wet soils, flooding and the like.
OWNER. Any individual, corporation, partnership or other legal entity having possessory interest entitled to exclusive possession in land, buildings or possessions.
PARCEL. Contiguous land in one ownership.
PARK. Land used for active or passive recreation owned or controlled by a local park district, school district, county forest preserve district, homeowner’s association, the village or another governmental entity or not-for-profit organization, including, but not limited to, playgrounds, nature trails, walking paths, swimming pools, athletic fields, basketball and tennis courts, baseball and soccer fields or similar public land within the village.
PARKING AREA, PRIVATE. An open, hard surfaced area, other than a public way or street, designed, arranged and made available for the storage of private passenger automobiles only of occupants of the building of buildings for which the parking area is developed and is necessary.
PARKING LOT. Public or private land intended for the use as a facility of parking motor vehicles. Parking may be with or without fee.
PARKING SPACE, AUTOMOBILE. Space within a public or private parking area exclusive of access drives, for the storage of one-passenger automobiles or commercial vehicles under one and one-half tons’ capacity.
PARTY WALL. A fire wall on an interior lot line used for or adapted for a joint service between two buildings, or two units within the same building.
PAWN SHOP. An establishment whose primary business is to offer monetary loans in exchange for an item of value.
PAYDAY LOAN ESTABLISHMENT. An establishment whose primary business is to offer small, short-term loans to cover the borrower’s expenses until his or her next payday.
PERFORMANCE BOND. See GUARANTEE OF IMPROVEMENTS.
PERFORMANCE STANDARD. A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by, or inherent in, uses of land or buildings. The more frequently used performance criteria include the following:
(a) Active intense burning, which is the rate of combustion described by material that burns with a high degree of activity and is consumed rapidly. Examples include sawdust-powdered magnesium and pyroxylin;
(b) Closed cup flash point, which is the lowest temperature at which a combustible liquid, under prescribed conditions, will give off a flammable vapor, which will burn momentarily;
(c) Decibel, which is a unit, which describes the sound pressure level or intensity of sound. A sound level meter is calibrated in decibels;
(d) Detonable material, which is a material, which decomposes by detonation. Such material includes explosives, unstable compounds and fissionable matter;
(e) Earth-borne vibration, which is the periodic displacement, measured in inches of earth;
(f) Fireproof container, which is an enclosure of steel or concrete, but not lead or other low-melting metals or alloys, unless the lead or low-melting metals are completely encased in steel;
(g) Flash point, which is the lowest temperature at which flammable liquid will momentarily burn under the prescribed conditions. The tag flash point testers shall be authoritative;
(h) Foot candle, which is a unit of illumination; technically, the illumination at all points one-foot distance from a uniform point source of one (ten candle power);
(i) Free burning, which implies a rate of combustion described by a material, which burns actively and easily supports combustion;
(j) Frequency, which signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound;
(k) Impact noise, which is a short duration sound such as those from a foregoing hammer or punch press;
(l) Impulsive noise, which is a sound which is no longer than two seconds in duration, followed by no less than a two-second rest;
(m) Intense burning, which implies a rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly;
(n) Microcurie, which is a one-millionth of a curie, which is a standard unit of radioactivity;
(o) Moderate burning, which implies a rate of combustion described by material which supports combustion and is consumed slowly as it burns;
(p) Noxious matter, which is a material which is capable of causing injury to living organisms by chemical reaction and is capable of causing detrimental effects upon the physical or economic well being of individuals;
(q) Octave band, which is a prescribed interval of sound frequencies, which classifies sound according to its pitch;
(r) Odor threshold, which is the lowest concentration of odorous matter in air that will produce an olfactory response in a human being;
(s) Odorous matter, which is any matter or material that yields an odor which is offensive in any way;
(t) Particulate matter, which is material other than water, which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid;
(u) Preferred frequency octave bands, which are a standardized series of octave band prescribed by the U.S.A.S.I. in SI.6-1967, Preferred Frequencies for Acoustical Measurements;
(v) Ringelmann chart, which is a chart on which is described in the U.S. Bureau of Mines Information Circular 6888 or its successor, and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke;
(w) Ringelmann number, which is the shade of smoke as it appears on the standard Ringelmann Chart published by the U.S. Bureau of Mines Information Circular No. 8333 (1967);
(x) SCF (Standard Cubic Feet), which is the measure of the volume of a gas, at any other conditions, reduced to 1,473 pounds per square inch absolute and 60°F;
(y) Slow burning or incombustible, which implies materials, which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite, not actively support combustion during an exposure for five minutes to a temperature of 1,200°F, shall be designed “incombustible”;
(z) Smoke, which is a small gas-borne particles, other than water, that form a visible plume in the air;
(aa) Sound level of an operation or use, which is the intensity of sound measured in decibels;
(bb) Sound level meter, which is an electronic instrument, which includes a microphone, an amplifier and an output meter which, measures noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands;
(cc) Sound pressure level, which is the intensity of a sound measured in decibels mathematically described as 20 times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar;
(dd) Toxic matter, which is material, which is capable of causing injury to living organisms by chemical means when present in relatively small amounts;
(ee) Threshold limit value, which is the maximum allowable airborne concentration of toxic material, as established by the American Conference of Governmental Industrial Hygenists;
(ff) United States of American Standards Institute (U.S.A.S.I.) which is a national organization promulgating authoritative standards in any technical field (formerly, American Standards Association); and
(gg) Vibration, which is the period displacement of oscillation of the earth.
PERMANENT OPEN SPACE. A contiguous land area that is designed for educational, religious, recreational or institutional purposes, or such land which is recommended for such designation by the village at or before the time of approval of a subdivision or planned development.
PERMITTED USE. A use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations and standards of such district.
PERMITTEE. The person to whom a zoning certificate is issued.
PERSON. Any individual, firm, association, organization or corporate body.
PLANNED UNIT DEVELOPMENT. A parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in a 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 of districts in which it is located; the developer may be granted relief from specific land-use regulations and design standards and may be awarded certain premiums in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole and which would not otherwise be required by this chapter.
POLE BANNER. A sign attached to a utility pole that commemorates an event or a matter of significant public interest. Examples of POLE BANNERS may be the publicizing of the anniversary of a major public or private institution, or the identifying of a particular neighborhood or area.
PORCH. A roofed-over structure projecting out from the walls of a main structure and commonly open to the weather in part.
PREMISES. A lot and all the structures and uses thereon.
PRINCIPAL USE. The main use of land or building as distinguished from a subordinate or accessory use. A PRINCIPAL USE may be “permitted” or “special”.
PROPERTY LINE. An imaginary line at the edge or boundary of a zoning lot or line at the boundary of a lot of record.
PUBLIC OPEN SPACE. A publicly-owned area; including, but not limited to, the following: parks; playgrounds; forest preserves; waterways; parkways; and streets.
PUBLIC UTILITY. Any person, firm or corporation duly authorized to furnish under regulation to the public, electricity, gas, steam, telephone, telegraph, transportation, water or sewerage systems.
PUBLIC WAY. Any sidewalk, street, alley, highway or other public thoroughfare.
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.
RECONSTRUCT. As applied to non-conforming structures, to rebuild after damage of destruction.
RECREATIONAL VEHICLE. A term encompassing any type of vehicle used primarily for pleasure, such as travel-trailers, motor homes, boats, snowmobiles and the like.
REFUSE. Garbage (food wastes) and trash, but not sewage or industrial wastes.
RELOCATE. To move to another portion of a lot or to a different lot.
RENT-TO-OWN ESTABLISHMENT. An establishment that offers furniture, appliances, computers, jewelry and other home products and electronic goods for rental with an option of ownership.
REPAIR. To restore to sound condition, but not to reconstruct.
RESERVOIR PARKING. Off-street parking spaces or lot areas allocated to temporary standing motor vehicles awaiting entrance to a particular establishment.
RESTAURANT. A business where the dispensing of edible foodstuff and/or beverage on the premises is the principal business operation; including a cafeteria, coffee shop, lunch room, tearoom and dining room, but not including a drive-in or fast-food restaurant.
RESTAURANT, DRIVE-IN. A restaurant that dispenses foodstuff and/or beverages to persons in parked or stopped motor vehicles.
RESTAURANT, FAST-FOOD. A restaurant whose principal business is the dispensing of edible foodstuffs and/or beverages in disposable containers to be eaten on the premises or taken out. This type of restaurant is usually self-service and may include a drive-thru service window.
RESTRICTIVE. Tending to keep within prescribed limits.
RETAIL, RETAIL STORE. Sale to the ultimate consumer for direct consumption and not for resale.
RIGHT-OF-WAY. Land dedicated for street purpose.
SCHOOL. A public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the state’s school laws, including, pre-schools, kindergarten, elementary school, and junior and senior high schools, special education schools, vocational schools, junior colleges or colleges and universities, excluding trade, business or commercial schools. SCHOOL shall include all school grounds.
SCREENING. Trees, shrubs, walls, solid fences and the like used as means of view and noise control.
SEMI-FINISHED MATERIALS. Materials, which have been sufficiently processed at heavy industrial facilities so that they are no longer in their raw state, but are readily usable by light industry of assembly or manufacture into consumer goods.
SERVICE BUILDING. See BUILDING, SERVICE.
SERVICE STATION. A building and premises or portion thereof designed and used for the retail sale of gasoline or other automotive fuel, oil and automotive parts, supplies and accessories. A SERVICE STATION may include facilities for washing vehicles and for making minor automotive repairs.
SERVICE USE/ESTABLISHMENT. Any use or establishment where services are provided for remuneration either to individuals or to other firms.
SETBACK. The distance between the exterior lot lines and any structure on the lot.
SHELTERED CARE FACILITY. A facility, which provides care and assistance, supervision overnight and a suitable activities program. Provisions are made for medical care as necessary. Such FACILITIES are for individuals who do not need nursing care, but do need personal care assistance, supervision and/or oversight in meeting their daily personal needs.
SHELTERED CARE HOME. Any county sheltered care home or a sheltered care home operated as part of a county nursing home pursuant to (55 ILCS 5/5-21001) or a private boarding home, institution, building, residence or other place, whether operated for profit or not which, through its ownership or management, provides sheltered care to three or more persons who are not related to the applicant or owner by blood or marriage, or any similar facility in which maintenance is provided to three or more persons who by reason of physical infirmity require personal care.
SIGN. A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.
SIGN AREA. The area within an imaginary rectangle which, when drawn, would completely enclose all the letters, parts or symbols of a sign. Sign supports and poles, unless intrinsic to the advertising contained on the sign, are not included as part of the SIGN AREA.
SIGN, BILLBOARD. Any single or double-faced sign displaying messages or advertising not associated with the premises on which said sign is located or to which it is fixed, subject to the exceptions of § 154.158 of this chapter.
SIGN, CANOPY, MARQUEE. Any sign affixed to, painted on or suspended from an awning, canopy, marquee or similar overhang.
SIGN, FLUSH-MOUNTED. Any sign mounted in such a way that the plane of its face is parallel to the plane of the wall to which it is attached, including those signs integrated into the surface of the wall itself.
SIGN, FREESTANDING. Any sign permanently mounted on a pole, pedestal, standard or base which stands apart from and is not attached to any building or structure.
SIGN, IDENTIFICATION. A sign indicating the name and address of building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
SIGN, ILLUMINATED. A sign having its own light source.
SIGN, PROJECTING. Any sign which is attached to a building or structure, but which projects from the plane of the wall to which it is attached by more than 18 inches.
SIGN, PUBLIC INTEREST. A temporary sign erected on private property which publicizes an event of general public interest that is to be held in the near future.
SIGN, WINDOW. Any sign visible from the exterior of the building or structure, which is painted directly on the surface of a window or affixed to or suspended immediately behind the window for the purpose of informing the passerby of the identity of the proprietor or business, or of the product of service which can be obtained on the premises.
SKIRTING. The covering affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.
SPECIAL USE. A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. 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 use may or may not be granted, subject to the terms of this chapter.
SPECIAL USE PERMIT. A permit issued in accordance with the provisions of this chapter to regulate development of a special use.
SPECIALIZED LIVING ACCOMMODATION. A living accommodation for individuals needing special assistance, care, supervision, support or treatment including community living facilities and community residential alternatives, as defined by statute, and including homes for the aged.
STOP WORK ORDER. A type of corrective action order used by the Zoning Administrator to halt work in progress that is in violation of this chapter.
STORAGE, OUTDOOR. The outdoor accumulation of vehicles, equipment or products, or materials for permanent or temporary holding.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a STORY exceeding 14 feet in height shall be considered as an additional STORY for each 14 feet or fraction thereof.
STORY, HALF. The portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than four and one-half feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings, less than three stories in height, a HALF STORY in a sloping roof shall not be counted as a story for the purposes of this chapter. In the case of multiple-family dwellings three or more stories in height, HALF STORY shall be counted as a story.
STREET. An improved strip of land designed for the conveyance of motor vehicles, and including any unimproved right-of-way, or any strip of land on which such improvements are planned. Any of the following may be termed a STREET: freeway, arterial street, secondary street, collector street, dedicated street, residential street, business street, industrial street. For the purposes of this chapter, freeways, arterial streets, secondary arterial streets, collector streets, major thoroughfares, residential streets, business streets and industrial streets may meet the requirement for dedicated STREETS.
STREET, ARTERIAL. A traffic-way generally providing two lanes going each direction. A median strip may or may not be present. ARTERIAL STREETS are characterized by moderate to high- speed travel, possible limitations on access to adjoining property owners and generally serve as vehicle transportation routes within a region.
STREET BANNER. A temporary sign spanning over the width of a public street, which publicizes an event of general public interest that is to be held in the near future. An example of a STREET BANNER may be the publicizing of a local festival.
STREET, BUSINESS. A street within a business district or on the boundary of a business district. A BUSINESS STREET may also be an arterial street, secondary arterial street or collector street or major thoroughfare.
STREET, COLLECTOR. A street which performs the function of linking the various points of vehicular access along its route and delivering such traffic to an arterial of secondary arterial street.
STREET, DEDICATED. A street designated for public use and for which the responsibility of maintenance has been accepted by federal, state, county, township or village governments.
STREET, INDUSTRIAL. A street developed to serve an industrial district.
STREET LINE. The division line between private property and a dedicated street.
STREET, PRIVATE. A traffic-way not maintained or owned by a governmental entity.
STREET, RESIDENTIAL. A dedicated street within a residential zoning district, excluding freeways, arterial streets and secondary arterial streets.
STREET, SECONDARY ARTERIAL. A traffic-way providing one or two lanes in each direction. A median strip is rarely present. SECONDARY ARTERIAL STREETS are characterized by moderate speed travel (higher speeds may be allowed in sparsely populated areas), residential access is discouraged and the length of such streets is limited.
STRINGENT. Binding, exacting.
STRUCTURAL ALTERATION. Any change, other than incidental repairs which would prolong the life of the supporting members of a building, such as the addition, removal or alteration of bearing walls, columns, beams, girders or foundations.
STRUCTURE. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground including a fence or freestanding wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a STRUCTURE.
STRUCTURE, TEMPORARY. A movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure. A sign, billboard or other advertising device detached or projecting shall be construed to be a TEMPORARY STRUCTURE.
SWIMMING POOL, PRIVATE. A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained by an individual for the sole use of his household and guests without charge for admission, and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.
SWIMMING POOL, PUBLIC. A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a private party for gain; or by a municipality or other unit of government for the general public whether or not an admission fee is charged.
TAVERN, LOUNGE or BAR. A building or portion thereof where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food.
TOPOGRAPHY. The relief features or surface configuration of an area.
TOW STORAGE LOT. Any premises where vehicles are stored by the tow company on a temporary basis for retrieval by owner or legally authorized person entitled to the vehicle.
TOWING AND STORAGE COMPANY. Any person, firm, partnership or corporation engaged in towing and temporary storage of vehicles whether wrecked, abandoned, inoperable or for any other purpose.
TOWNHOUSE. A type of multi-family dwelling, one or two stories in height, in which typically the living room, dining room and kitchen are on the ground floor with sleeping rooms on the second floor. Dwelling units typically have a common sidewall and are owner occupied.
TRAILER. A vehicle without motive power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, and has been reasonable may be equipped with wheels or other devices for transporting the structure from place to place. The term TRAILER shall include CAMP CAR and HOUSE CAR. A permanent foundation shall not change its character unless the entire structure is erected in accordance with the adopted Building Code.
TRAVEL TRAILER. A manufactured home eight feet or less in width and less than 25 feet in length which is designed for temporary occupancy, generally for recreation or vacation purposes. TRAVEL TRAILERS shall include camping trailers within the limits of said dimensions, mounted on a motor vehicle or otherwise. TRAVEL TRAILERS shall not be considered a manufactured home pursuant to the provisions of Ch. 151 of this code of ordinances.
UNIFIED CONTROL. The combination of two or more tracts of land wherein each owner has agreed that his or her tract of land shall be developed as part of a planned unit development and shall be subject to the control applicable to the planned unit development.
UNIPLEX. A dwelling which has accommodations for two families, divided by a common or party wall, in which each family area is separately owned.
USE. The purpose for which land or a building thereon is designed, arranged or intended or for which it is occupied, maintained, let or leased.
USE, LAWFUL. The use of any structure of land that conforms with all of the regulations of this chapter 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 chapter or any amendment thereto, for the structure or land that is being examined.
USE, NON-CONFORMING. See NON-CONFORMING USE.
UTILITY SUBSTATION. A secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant and the like.
VACANT. As applied to a lot, no structure is situated thereon.
VALUE. Valuation of a building shall be the assessed valuation, or where no assessed valuation exists, its appraised valuation as converted to assessed valuation.
VARIATION. A relaxation of the strict application of setbacks, specific parking requirements, specific signage regulations or specific floodplain regulations, for a particular lot or structure where such variations will not be contrary to the public interest and where, due to conditions peculiar to the property and the result of the actions of the applicant, a literal enforcement of those provisions of this chapter would result in unnecessary hardship or practical difficulties. A VARIATION, as herein defined, shall not be granted by the Planning and Zoning Board of Appeals unless said request is in compliance with one or more of the divisions of § 154.212(B) of this chapter.
WHOLESALE ESTABLISHMENT. A business establishment engaged in selling to retailers or jobbers rather than consumers.
YARD. An open space on the same zoning lot with a building a structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this chapter. YARD extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located.
YARD, CORNER SIDE. A side yard, which adjoins a public street.
YARD, FRONT. A yard extending along the full length of the front lot line between the side lot lines.
YARD, INTERIOR SIDE. A side yard, which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.
YARD, REAR. A yard extending along the full length of the rear lot line between the side lot lines.
ZONING ADMINISTRATOR. The person designated by the President and Board of Trustees as the officer responsible for enforcing and administering all requirements of this chapter.
ZONING DISTRICT. See DISTRICT.
ZONING LOT. See LOT, ZONING.
ZONING MAP. The map incorporated into this chapter as part hereof, designating zoning districts.
(Prior Code, § 20-202) (Ord. 1438, passed 2-8-2006; Ord. 1473, passed 11-6-2006; Ord. 1494, passed 8-7-2007; Ord. 1525, passed 7-21-2008; Ord. 1533, passed 11-17-2008; Ord. 1699, passed 3-17-2014; Ord. 1812, passed 3-5-2018)