As used in this Title, the following words and terms shall have the meanings ascribed to them in this Section:
ACCESSORY USE: A structure or use of land which:
A. Is subordinate to and serves a principal building or a principal use legally existing on the same zoning lot;
B. Is subordinate in area, extent and purpose to the principal building or principal use;
C. Contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and
D. Is located on the same zoning lot as the principal structure or principal use served.
AIRPORT: Any area of land or water or both which is used or designed for the landing or taking off of aircraft of any type including all runways whether grass or paved, buildings or other structures whether or not such facilities are public or are for private use only. A heliport when established as a principal use shall be considered an airport.
ANTENNA: A commercial broadcast antenna shall mean the transmitting (base) antenna of a commercial enterprise including but not limited to media, communications firms, vehicle fleet operators and similar businesses. A private broadcast antenna is a transmitting antenna operated by an individual operator including but not limited to ham radio operators and citizen band operators. Citizen band antennas shall be limited to sixteen feet (16') in height. A dish antenna is a dish-shaped reviewing antenna as regulated by Section 8-3-1 of this Code. The requirements of Section 8-3-1 shall be applicable to dish antennas permitted by this Title.
APARTMENT: A dwelling containing more than one dwelling unit having an entrance to a common hallway or common balcony.
ARCADE: A commercial enterprise providing coin-operated mechanical, electric, electronic or computerized games of skill for the entertainment of patrons.
ASSEMBLY PLANT, HEAVY: An assembly plant which cannot meet the industrial performance standards established for the Light Industrial District.
ASSEMBLY PLANT, LIGHT: An assembly plant which meets the performance standards established for the Light Industrial District.
AVERAGE GROUND ELEVATION: The average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.
BAKERY, COMMERCIAL: A bakery where at least fifty percent (50%) of the baked goods or other finished products are sold off the premises.
BAKERY, RETAIL:: A bakery where at least fifty percent (50%) of the baked goods are sold on the premises at retail.
BANK: A bank includes automatic teller machines and drive-up facilities when located on the same lot as the principal building.
BASEMENT: A portion of a building wholly or partly below the average ground elevation. See Story.
BASE SITE AREA: That portion of a site that is available for development as calculated pursuant to Section 10-5-3 of this Title.
BUILDABLE AREA OF A LOT: That portion of a lot bounded by the required front, rear and side yards exclusive of any area which falls within a designated flood plain or which is otherwise restricted from use by a drainage easement or other easement or line established to protect natural resources or for other lawful purposes.
BUILDING: Any structure built or maintained for the shelter or enclosure of persons, animals, chattels or property of any kind.
BUILDING LINE: A line on a lot, parallel to a lot line or street right-of-way line at sufficient distance to provide the required yards, delimiting the area in which structures are permitted subject to the provisions of this Title, except as provided in Sections 10-5-7, 10-5-8, 10-5-9, 10-5-11 and 10-5-13.
BUILDING SETBACK LINE: See Building Line above.
CALIPER: A measurement of size of a tree equal to the diameter of its trunk measured four inches (4") above natural grade for trees having calipers less than or equal to six inches (6") diameter; and measured twelve inches (12") above grade for tree calipers greater than six inches (6") diameter.
CAMP: Any land, including structures, used for assembly or temporary occupancy by persons and providing outdoor recreational facilities in a naturalistic setting.
CAMP, CHURCH: A camp operated by a religious institution or association for the benefit of its members. A church camp may be either a youth camp or a day camp.
CAMP, COMMERCIAL RECREATIONAL: A camp operated as a commercial enterprise.
CAMP, DAY: A camp not providing overnight accommodations.
CAMP, SCHOOL: A camp operated by an educational institution or association as an adjunct to an educational program. A school camp may be either a day camp or youth camp.
CAMP, YOUTH: A camp providing overnight camping facilities for groups of young people such as YMCA camps, Boy Scout camps and Girl Scout camps.
CATALOG SALES, RETAIL: A retail commercial enterprise in which the products sold are selected from a catalog or display and delivered from a warehouse either on or off the premises.
CHILDCARE FACILITY: Any person licensed by the state of Illinois together with all buildings or other facilities who receives or arranges for the care of more than seven (7) children not including any state operated institution or any public school or boarding school.
CHURCH OR OTHER PLACE OF WORSHIP: A building used for religious services provided such use is the primary use of such building. A residence of any type in which religious services are conducted shall not be considered a church for purposes of this title.
CLUB, PRIVATE: An organization catering exclusively to members and their guests or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain; provided that any vending stands, merchandising or commercial activities are conducted only as required generally for the membership of such club.
CLUB, PRIVATE INDOOR: A private club whose primary services are to members and whose membership activities are conducted in a building.
CONVENIENCE CENTER: A commercial enterprise of not more than three thousand (3,000) square feet of floor area offering a wide range of convenience goods including, but not limited to, food, groceries, gasoline, and automobile products.
DEALER, NEW: A commercial enterprise dealing in new automobiles, trucks, agricultural equipment, boats, trailers, recreational vehicles and service, repair and leasing.
DEALER, USED: A commercial enterprise dealing in used automobiles, trucks, agricultural equipment, boats, trailers, recreational vehicles and similar items limited to sales only.
DENSITY, FACTOR: An intensity measure expressed as the number of units per net buildable site area. It is the density of the buildable portion of a site.
DENSITY, GROSS: The quotient of the total number of dwelling units divided by the base site area of a site.
DIAMETER AT BREAST HEIGHT (dbh): A measurement of the size of a tree equal to the diameter of its trunk measured four and one-half feet (41/2') above natural grade.
DISTRICT: See definition of Zone.
DRAINAGE: The removal of surface water or groundwater from land by drains, grading or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGEWAY: A minor watercourse identified by the presence of an intermittent or perennial stream or by the presence of the following seasonally saturated soil types as identified by the Soil Survey: Houghton Much 103, Sawmill silty clay loam 107, Pella silty clay loam 153, Ashkum silty clay loam 232, Peotone silty clay loam 330 or Granby loamy fine sand 513; and also including any area of less than one-quarter (1/4) acre which except for size meets the definition of a wetland.
DRAINAGEWAY, FIRST ORDER: The land within ten feet (10') on either side of the centerline of any intermittent or perennial stream which has no upstream tributaries. These constitute the most upstream segments of any natural drainage system.
DRAINAGEWAY, SECOND ORDER: The land within thirty feet (30') on either side of the centerline of any intermittent or perennial stream which is formed by the combination of two (2) or more first order drainageways.
DRAINAGEWAY, THIRD ORDER: The land within sixty five feet (65') on either side of any intermittent or perennial stream formed by the combination of two (2) or more second order drainageways.
DRIP LINE: The perimeter of the circular area surrounding the trunk of a tree measured as one foot (1') of radius from the trunk for each one inch (1") of diameter at breast height.
DRY CLEANER, RETAIL: A commercial dry cleaner wherein at least fifty percent (50%) of the volume of cleaning is delivered to the customers on the premises and at retail.
DWELLING: A building, exclusive of mobile homes, hotels or motels, containing as the principal use one or more dwelling units.
DWELLING, CARETAKERS: Includes dwelling unit, single-family dwelling or apartment for either a caretaker or watchman of a principal use other than such dwelling.
DWELLING GROUP: A building, exclusive of mobile homes, hotels or motels, providing, as a minimum, living, sleeping and toilet facilities for more than five (5) but not more than twenty (20) persons not comprising a family.
DWELLING, SINGLE-FAMILY: A dwelling containing one dwelling unit.
DWELLING UNIT: A room or group of rooms providing living quarters for an individual, family or household.
EROSION: The detachment and movement of soil or rock fragments by water, wind, ice and/or gravity.
FAMILY: Two (2) or more persons related to each other by blood, marriage or legal adoption, living together as a single housekeeping unit; or a group of not more than three (3) persons, who need not be related by blood, marriage or legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit; in either case, exclusive of usual domestic servants.
FARM ANIMALS: Domestic livestock exclusive of equines. See also Stable, Commercial and Stable, Private.
FLOOD PLAIN: Flood plains may be either riverine or inland depressional areas. Riverine flood plains are those areas contiguous to a lake, pond, stream or stream bed whose elevation is greater than the normal waterpool elevation but equal to or lower than the projected 100-year flood elevation. Inland depressional floodplains are floodplains not associated with a stream system to which surrounding lands drain causing periodic inundation by stormwaters.
FLOODPLAIN, INLAND DEPRESSIONAL: A floodplain having no direct hydrologic connections to a stream system but to which surrounding lands drain causing it to be periodically inundated by stormwater.
FLOOR AREA: The sum of the gross floor area for each of a building's stories enclosed and under roof measured from the exterior limits or faces of the structure's walls. It does not include any floor space in an accessory building or principal building which is designed for the parking of motor vehicles in order to meet the parking requirements of this title.
FLOOR AREA FACTOR: An intensity measure expressed as the ratio derived by dividing the total floor area of a building by the net buildable site area. It is the floor area ratio measured on the buildable area of the site.
FLOOR AREA RATIO: An intensity measure as a ratio derived by dividing the total floor area of a building or structure by the area of the zoning lot on which it is located or for developments subject to the regulations of section 10-5-3 of this title, the ratio derived by dividing the total floor area of a building or structure by the base site area.
GRADE: See definition of Average Ground Elevation.
HEIGHT OF STRUCTURE: The vertical distance as measured from grade to the top of the highest roof beams of a flat roof or to the mean level of the highest gable or slope of a gable, hip or gambrel roof.
HOME OCCUPATION: Any activity or accessory use conducted in a dwelling unit for financial gain by a member of the household residing therein, which is clearly incidental and secondary to the principal use of the dwelling unit for residential purposes.
HORSE: See definitions of Farm Animals; Stable, Commercial; and Stable, Private.
HOSPITAL, IMMEDIATE CARE: A hospital or a branch of a hospital specializing in emergency services and other services not requiring overnight admission.
HOUSING, ELDERLY: Housing units of any type designed to accommodate the special needs of elderly persons. Such housing shall be under the sponsorship or operation of a governmental agency, a religious institution or other social service agency.
IMPERVIOUS SURFACE: Impervious surfaces are those which do not absorb water. These include, but are not limited to, all buildings and paved parking areas, driveways, roads, sidewalks and any other areas of concrete or asphalt.
IMPERVIOUS SURFACE RATIO: A measure of the intensity of land use which is determined by dividing the total area of all impervious surfaces on a site or, in the case of nonresidential uses, base site area, or, in the case of nonresidential uses, by net buildable area.
INDOOR ONLY: All aspects of the enterprise are conducted in a completely enclosed building or structure including storage of materials and finished products.
INDUSTRIAL USE: Includes, but is not limited to, manufacture, assembly, cleaning, compounding, fabrication, mixing, packaging, processing, production, repair, servicing, storage and testing of materials or products.
INDUSTRIAL USE, HEAVY: An industrial use which cannot meet the industrial performance standards established for the light industrial district.
INDUSTRIAL USE, LIGHT: An industrial use which can meet the industrial performance standards established for the light industrial district.
KENNEL: Any place in or at which any number of dogs, cats, or other household pets are kept for the purpose of sale or in connection with boarding, care or breeding, or where more than four (4) dogs over age four (4) months are kept for any purpose.
KENNEL, BOARDING: Any use wherein dogs, cats or other household pets are boarded either in open pens or within a building.
KENNEL, COMMERCIAL: An enterprise wherein dogs, cats or other household pets are bred, raised, trained or boarded provided that more than three (3) such animals are involved and provided a fee is charged.
LAKES AND PONDS: Natural or artificial bodies of water which retain water year round. A lake is a body of water whose shoreline encompasses an area of two (2) or more acres. A pond is a body of water of less than two (2) acres.
LAND PLANNER CONSULTANT: The Land Planner Consultant is hired on a project by project basis.
LIBRARY, LENDING: A commercial enterprise which rents books, records, video cassettes, compact discs, computer programs and similar items of media.
LOT: A single parcel or tract of land.
LOT AREA: The area of a horizontal plane bounded by a vertical projection of the property lines of a lot excluding any street, easement for street purposes or right of way.
LOT, CORNER: A lot abutting on two (2) streets at their juncture, when the interior angle formed is less than one hundred thirty five degrees (135°).
LOT COVERAGE: That portion of a lot expressed as a percentage which is occupied by buildings and which is determined to be the quotient of the area enclosed by extreme outside walls of all structures divided by the lot area.
LOT, FRONT OF: That part of an interior lot abutting the street or that part of a corner lot extending across the narrowest part of the lot abutting the street.
LOT, INTERIOR: A lot other than a corner lot.
LOT, REAR OF: That part of a lot opposite the front of the lot.
LOT, ZONING: A parcel of land composed of one or more recorded lots, occupied or to be occupied by a principal building or buildings, or principal use or uses, along with permitted accessory buildings or uses, meeting all the requirements for area, buildable area, frontage, width, yards, setbacks and any other requirements set forth in this Title.
MANUFACTURED HOME: Housing built on a chassis designed and constructed for transportation to a site which has the running gear and towing hitch removed, is equipped with permanent foundation base and foundation facia and has permanently installed connections conforming to the Village Code.
MEDICAL LABORATORY: An establishment wherein medical tests, analysis, custom fabrication of prosthetic devices and similar services are performed provided the establishment is not used for the direct treatment of patients.
MOBILE HOME: A structure designed or used for long-term residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached or is jacked-up or skirted, to be used without a permanent foundation.
MUSIC STORE: A commercial enterprise involving as the principal use the sale of sheet music, recorded music or musical instruments. A music store may include as an accessory use the repair of musical instruments and the teaching of musical skills.
NATURAL RESOURCES: Include all areas of lakes, ponds, shorelines, wetlands, flood plains, drainageways, forests and steep slopes as herein defined.
NEWSPAPER: An enterprise involving as the principal use the editorial aspects of the publishing of a newspaper on a regular basis.
NURSERY: A place where plants, trees and shrubs are propagated and grown for use off-premises.
NURSERY CENTER: A facility for the sale at retail of nursery products, lawn and garden supplies and landscape materials.
NURSERY SCHOOL: A nursery, school or other instructional facility for preschool or kindergarten children that is not a part of an elementary school.
NURSING HOME: A building other than a hospital in which the residents or patients receive either sheltered care or nursing care. Any medical treatment facilities or services shall be accessory in nature.
OPEN SPACE: Land used for recreation, resource protection, amenity and/or buffers. In no event shall any area of a lot constituting the minimum lot area of said lot not any part of an existing or future road or right of way be counted as constituting open space.
OPEN SPACE RATIO: The proportionate part of a site consisting of open space which shall be calculated using the base site area pursuant to the provisions of Section 10-5-3 of this Title.
OWNER: The person or persons having the right of legal title or beneficial interest in or a contractual right to purchase a lot(s) or parcels(s) of land.
PARKING LOT, PRIVATE: A building, structure or suitably improved land area used for the temporary storage of operable motor vehicles by the occupant, employees, customers, tenants or owners of a principal use.
PERSON: Any individual, partnership, corporation, group, agency or similar association.
PRINCIPAL BUILDING: The main building or buildings on a lot or the building or buildings which house the principal use of the premises.
PRINCIPAL USE: The specific primary purpose for which land is used.
RECORD STORE: A music store.
RECREATION CENTER: A building containing facilities for recreational activities, games, sports, exercise or athletic activities which may include only as an accessory use facilities for spectators to such activities.
RECREATION CENTER, PRIVATE: A recreation center operated by either a private or a quasi-public organization for the benefit of its members.
RECREATION CENTER, PUBLIC: A recreation center operated as a commercial enterprise and either open to the public or having a membership which is open to the public.
RECREATION CENTER, PUBLIC: A recreation center operated by a public or quasi-public body for the use of the general public.
RESTAURANT: A facility for the cooking or other preparation of food and beverages for consumption on premises.
RESTAURANT, CARRY-OUT: A restaurant which serves food for consumption either on or off the premises. Drive through facilities may be included subject to the regulations of this Title.
RESTAURANT, DRIVE-IN: A restaurant which serves food to customers in their automobiles.
SCHOOL: An institution or other organization, whose principal function is education. A building or other enclosed space used principally for educational purposes.
SCHOOL, COMMERCIAL: A school offering a specialized course of instruction for profit or as a service to a civic, commercial, labor or industrial association including trade school, business school, art school, music school, dance school or other similar school.
SCHOOL, DAY: A school offering instruction to preschool age children on a regular basis.
SCHOOL, NURSERY: A day school.
SCHOOL, PRIVATE: A school operated by a private association, church or other nonpublic agency and offering essentially the same education program as a public school.
SCHOOL, PUBLIC: A school operated by a public agency or board and offering a state mandated program of instruction including elementary schools, middle schools or high schools, and all similar such schools together with their principal and accessory facilities.
SEWAGE TREATMENT PLANT: See Wastewater Treatment Plant.
SHOPPING CENTER: A group of more than six (6) commercial establishments planned, developed and managed as a unit, located on a zoning lot of at least ten (10) acres with parking provided on the property.
SIGN: Any surface, fabric or device bearing lettered, pictorial or sculptured matter design to convey information visually and exposed to public view but not including those devices located inside a building.
SIGN, ADVERTISING: A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is displayed.
SIGN AREA: The area in square feet within a perimeter of straight lines drawn between and enclosing the extremities of the sign face or sign faces. Signs with double faces need only be measured once, provided the faces are parallel and are contained within the same perimeter.
SIGN, BUSINESS: A sign which directs attention to a business, commodity, service or entertainment conducted, sold, offered or manufactured upon the premises where the sign is located.
SIGN, GROUND: A sign supported by uprights or braces having a location in or upon the ground.
SIGN, IDENTIFICATION: A sign indicating the name and/or address of the occupant of the building located upon the premises where the sign is displayed.
SOIL SURVEY: A publication entitled "Soil Survey Lake County, Illinois", prepared by the United States Department of Agriculture, Soil Conservation Service, issued September, 1970.
SPECIAL FORM USE: Any relatively small, indoor, but intense form of agriculture including but not limited to, greenhouse, mushroom barn, egg ranch or similar use.
STABLE, COMMERCIAL: A building in which one or more equines are stabled, kept, boarded, liveried or trained for hire.
STABLE, PRIVATE: A building housing equines and associated equipment. All private stables shall conform to Lake County Health Department regulations. A lot for a private stable shall contain at least two (2) acres for the first equine and at least one additional acre for each additional equine. No equine shall be stabled, boarded, kept or trained for hire.
STEEP SLOPES: Land area where the inclination of the land's surface from the horizontal is fifteen percent (15%) or greater.
STORY: That portion of a building or structure included between the surface of any floor and the floor or roof next above. A basement shall be counted as a story if the floor next above it is more than five feet (5') above grade.
STORY, HALF: That portion of a building or structure under only gable, hip or gambrel roofs, the wall plates of which on at least two (2) opposite exterior walls are not more than two feet (2') above the floor.
STREET: A place or way, however designated, for vehicular travel which affords principal means of access to abutting property.
TANK FARM: One or more storage tanks located in the open.
TRUCK STOP: A commercial enterprise catering to the needs of truckers including an overnight parking lot, fuel sales, repairs, automotive products and accessories sales, restaurant, convenience center and motel facilities.
TRUCK TERMINAL: A facility for the handling of freight and the servicing of trucks including offices, garages, transfer facilities, parking repair facilities, truck wash, fuel storage or other enclosed storage.
TRUCK TERMINAL, HEAVY: A truck terminal serving over-the-road trucks including both commercial fleets or private fleets.
TRUCK TERMINAL, LOCAL DELIVERY: A truck terminal serving local delivery trucks only including both commercial and private fleets.
USE: The purpose or activity for which land or any structure thereon is designed, arranged or intended or for which it is occupied or maintained.
WASTEWATER TREATMENT PLANT: A facility for the treatment (purification in part or in total) of Wastewater including domestic sewage, industrial and commercial wastewater, agricultural waste or other contaminated water; and which discharges such water to a receiving water body or otherwise on the surface of the earth. This definition does not include so- called zero-discharge systems, land applications systems or soil absorption systems of waste water treatment.
WATER TREATMENT PLANT: A facility for the treatment of potable water for use by the public including all associated wells, machinery, filter beds and on-site storage facilities. This definition does not include private well and associated machinery.
WETLAND: An area of one-quarter (1/4) acre or more where standing water is retained periodically. Wetlands include all areas mapped as wetlands by the U.S. Army Corps of Engineers, designated as "marsh" in the Hydrologic Investigations Atlas of the U.S. Geologic Survey and all areas designated as "Peotone wet", "Houghton Muck wet", "Houghton peat, wet", and "Marsh" in the Soil Survey.
WOODLAND, MATURE: An area or stand of trees whose total combined canopy covers an area of one acre or more at least fifty percent (50%) of which is composed of canopies of trees having a diameter at breast height (dbh) of at least ten inches (10"), or any grove consisting of eight (8) or more individual trees having a dbh of at least twelve inches (12") whose combined canopies cover at least fifty percent (50%) of the area encompassed by the grove; provided, however, that no trees grown for commercial purposes shall be considered a mature woodland.
WOODLAND, YOUNG: An area or stand of trees whose total combined canopy covers an area of one-half (1/2) acre or more and at least fifty percent (50%) of which is composed of canopies of trees having a diameter at breast height of at least three inches (3"); provided, however, that no trees kept or grown for commercial purposes shall be considered young woodland.
YARD, FRONT: A yard extending the full width of the front of a zoning lot between a street right of way line and the building setback line.
YARD, REAR: A yard extending the full width of the rear of a zoning lot between a rear lot line and a building line.
YARD, SIDE: A yard located on either side of a zoning lot extending from the front yard to the rear yard between a building line and a lot line or street right of way line in the case of a corner lot.
ZONE: An area of the village delimited on the zoning map and subject to a specific set of regulations established in this title. Also referred to as a district or zoning district herein. (Ord. 91-341, 4-2-1991; amd. Ord. 94-407, 10-4-1994; 1996 Code; Ord. 2014-924, 5-6-2014)