ABANDONMENT: The complete or substantially complete discontinuance of a use, building or structure.
ACCESSORY BUILDING OR STRUCTURE: A subordinate building or structure located on the same lot with the principal building, occupied by or devoted to an accessory use, but not to be used for habitation. Where an accessory building is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the principal building.
ACCESSORY USE: See Use, Accessory.
ACRE: A measure of land area equal to forty three thousand five hundred sixty (43,560) square feet.
ADULT BOOK STORE: An establishment having as a substantial or significant proportion of its stock in trade books, magazines and other periodicals that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET: A nightclub, bar, theater, restaurant or similar establishment which frequently features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly feature films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
ADULT THEATER: An establishment which presents the viewing of motion pictures, films, theatrical productions, video cassettes, slides, and other forms of visual productions, for any form of consideration, in which a preponderance of the total presentation time is devoted to showing materials which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. Adult theater facilities may include but is not limited to open lots for viewing from a motor vehicle or outdoor eating area; an enclosed building with private viewing areas for five (5) or fewer people, or; an enclosed building with viewing areas for more than five (5) people.
ADULT USE: A use which involves either wholly or partially an activity distinguished or characterized by its emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, including but not limited to, the operation of adult bookstores, adult cabarets, and adult video stores.
ADULT VIDEO STORE: An establishment having as a substantial or significant proportion of its stock in trade video cassettes and similar materials which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
AGRICULTURE: The use of land for agricultural purposes, including farming, pasturage, agriculture, horticulture, floriculture, viticulture, and the necessary accessory uses for parking, 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.
AIRCRAFT: Any contrivance now known or hereafter invented for use in or designed for navigation of or flight in air.
AIRPORT: Any area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights of way, including all necessary taxiways, aircraft storage and tie down areas, hangars, and other necessary buildings and open spaces.
ALLEY: A public or private right of way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a street.
ALLOWABLE OBSTRUCTION: Any accessory building or structure, including appurtenances on principal buildings, which is located within a required yard and is permitted under chapter 4 of this ordinance.
ALTERATION: Any change in size, shape, or character of a building or structure.
AMATEUR RADIO: A type of wireless communication, capable of transmitting as well as receiving electromagnetic radiation, and whose operator is licensed by the federal communications commission, and regulated by part 97 of the FCC rules and regulations.
AMENDMENT: Any addition to, deletion from, or change in this ordinance, including text and/or map.
AMUSEMENT DEVICES: Any machine or device which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally by manipulating special equipment whereby a score is established, the object of which is to secure a special number or numbers or a total score, whether a prize is offered or not.
AMUSEMENT ESTABLISHMENT: Any use or establishment with more than eight (8) amusement devices.
ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.
ANTENNA, DISH: See definition of Satellite Dish Antenna.
ANTENNA STRUCTURE: A system of wires, poles, rods, or similar devices, external to or attached to the exterior of a building, together with any supporting structure, for sending or receiving electromagnetic radiation.
ANTENNA TOWER: Any structure designed for the mounting of an antenna.
APARTMENT: See definition of Dwelling, Multiple-Family.
APPEAL: A request to review a decision or interpretation of the department of code enforcement or other authorized official relative to the administration of this ordinance.
ARBOR: See definition of Trellis.
ASSISTED LIVING UNITS: Any premises within a continuing care retirement community (CCRC) in which food, shelter and personal assistance or supervision are provided for a period exceeding twenty four (24) consecutive hours for one or more adults who are not relatives of the operator and who require assistance or supervision in matters such as dressing, bathing, diet or medication prescribed for self- administration, but do not require hospitalization or care in a skilled nursing facility. An assisted living unit shall be licensed, operated and maintained in accordance with the laws and regulations of the state of Illinois.
ATTIC: The space between the ceiling beams of a top habitable story and the roof rafters.
AUTOMOBILE REPAIR: 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 SERVICE STATION: Any building or premises used for dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries, or minor automobile accessories. Services offered may include the changing of motor oil, installation of tires, batteries and minor accessories, minor automobile repairs, and greasing or washing of individual automobiles.
AWNING: A rooflike cover, temporary in nature, which projects from the wall of a building.
BALCONY: An architectural appurtenance providing usable floor area located above the first floor that is either entirely unenclosed or covered only by a roof.
BASEMENT: That portion of a building below the first or ground floor level, and having less than five feet (5') of clearance from the ceiling to the grade from which building height is measured. A basement is not considered a story for the purposes of determining building height.
BLOCK: A tract 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.
BLOCK FACE: That property on a block having the same frontage onto a public street.
BOAT: A watercraft of any description used or capable of being used as a means of transportation on water except a seaplane on the water and inner tubes, air mattress, or similar device.
BUILDABLE AREA: The area of the lot remaining after the minimum open space and/or yard requirements of this ordinance have been complied with.
BUILDING: Any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, 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.
BUILDING COVERAGE: The lot area covered by the principal building(s) and any roofed over accessory buildings or structures, measured from the exterior faces of exterior walls, but excluding decks, terraces and other accessory structures which are open to the sky.
BUILDING, DETACHED: A building surrounded by open area on the same lot.
BUILDING HEIGHT: The vertical distance as measured from the sidewalk level, or its equivalent established grade, opposite the middle front of the building to the highest point of the coping of a flat roof, or to the point of intersection of the two (2) roof planes of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. When a penthouse or any similar structure is located on the roof of a building, the top of the building height shall be measured to the highest point of said structure. Notwithstanding the foregoing sentences, the following shall not be considered in determining the height of a building: mechanical equipment and any wall or similar structure designed exclusively for the purpose of screening such mechanical equipment from view; chimneys; railings; and decorative structures such as nonhabitable architectural building elements, turrets, parapets, widow's walks or cupolas, provided that such structures and equipment do not have an exterior height in excess of four feet (4').
In the case of detached accessory buildings or structures, building height is the vertical distance from the top of floor, slab or existing grade to the highest point of the coping of a flat roof, or the point of intersection of the two (2) roof planes of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
BUILDING, PRINCIPAL: A nonaccessory building in which is conducted the principal use of the lot on which it is located.
BUILDING SETBACK LINE: A building line establishing the minimum allowable distance between a street right of way and any structure.
BUILDING, TEMPORARY: Any building not designed to be permanently located, placed, or affixed to the place where it is located.
BULK: The term used to indicate the size and setbacks of the buildings or structures and the location of same with respect to one another, and includes:
A. Height and area of buildings.
B. Location of exterior walls in relation to lot lines, streets, or other buildings.
C. Gross floor area of buildings in relation to lot areas (floor area ratio).
D. All open spaces allocated to buildings.
E. Amount of lot area required for each dwelling unit.
BUS: A motor vehicle, other than a commuter van, designed for carrying more than ten (10) persons.
BUSINESS: An occupation, employment, or enterprise which occupies time, attention, labor and materials, wherein merchandise is exhibited or sold, or where services are offered.
CANOPY: A rooflike structure projecting from a wall and supported in whole or in part by vertical supports from the ground, and erected primarily to provide shelter from the weather.
CAR WASH: A building, or portion thereof, containing facilities for washing one or more automobiles at any one time, using production line methods such as a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial cleaning of such automobiles, whether by operator or by customer.
CARPORT: An open sided (on at least 2 sides), roofed automobile shelter, usually formed by extension of the roof from the side of a building.
CEILING: The overhead inside lining of a room.
CENTERLINE: The midpoint in the width of a public right of way as established by recorded plats of survey.
CERTIFICATE OF OCCUPANCY: A certificate certifying that the building or structure, as illustrated on approved plans, conforms to the provisions of this ordinance and, if constructed and used in conformance with such plans, may be occupied upon completion of construction.
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 OR LODGE, PRIVATE (NONPROFIT): A nonprofit association of persons, who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such "private clubs or lodge" are conducted by a board of directors, executive committee, or similar body chosen by the members. It shall be permissible to serve food, meals and beverages on such premises.
COMMERCIAL/RESIDENTIAL MIXED USE DEVELOPMENT: A building or interconnected group of buildings housing both dwelling units and commercial office, retail or service uses, for which exceptions from the regulations of the applicable zoning district ordinance may be granted by the village board upon plan commission review and recommendation.
COMMON OPEN SPACE: Open space accessible to either the general public or to multiple owners/tenants. Such space is generally maintained by agreement of persons utilizing the space.
CONDITIONAL USE: See definition of Use, Conditional.
CONSOLIDATION: The act of combining more than one lot of record, in whole or in part, into a single lot of record or into multiple lots of record, but fewer in number than the underlying existing lots of record that are being consolidated.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC): A planned residential development intended for individuals sixty two (62) years of age or older or couples at least one member of which is sixty two (62) years of age or older. The CCRC shall obtain and maintain a permit to operate as a "life care CCRC" as defined by the state of Illinois department of public health. The CCRC shall be distinguished from other forms of residential development by the fact that it shall include a licensed nursing home facility as an integral part of the development and the CCRC shall obtain and maintain a certificate of need approval for the nursing home facility from the state of Illinois. The licensed nursing home facility shall be developed and created in accordance with the applicable provisions of the Illinois administrative code as such provisions are administered and enforced by the relevant agencies and shall be licensed, operated and maintained in accordance with the laws and regulations of the state of Illinois. The CCRC shall also provide facilities for varying degrees of assisted living for residents and other such accessory uses that may be appropriate for a CCRC and each of these other facilities, to the extent required by law, shall be licensed, operated and maintained in accordance with the laws and regulations of the state of Illinois. The form of business structure of the development, i.e., rental, endowment, condominium, etc., is irrelevant to a determination that it is a CCRC. However, the owner or operator of a CCRC (and any successor owners or operators) as well as the owner (and any successor owners, lessees or occupants) of the land on which the CCRC is built and operated shall remain subject to real estate taxation and shall not petition or seek real estate tax exempt status for the land.
CONTRACTORS' OFFICE: A room or group of rooms used for construction contractors' business affairs that does not use any exterior storage area.
CONVALESCENT, NURSING OR REST HOME: An establishment for the care of the aged or infirm, or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury.
CUL-DE-SAC: A short street ending in a turnaround design and intended as a permanent terminus.
CULINARY SCHOOL: Any public place kept, used, maintained, advertised, and held out to the public as a place where education and hands on instruction regarding the preparation and cooking of meals and desserts takes place as well as the occasional service of complete meals prepared as part of such culinary program on the licensed premises, with an adequate and sanitary kitchen and dining room equipment and with adequate staff to instruct the patrons in the preparation and service of meals and desserts.
CURB LEVEL: The level of the established curb in front of a building measured at the center of such front. (Where no curb elevation has been established, the pavement elevation at the street centerline similarly measured, or the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the curb "level".)
DAY: As used in this ordinance, shall mean one calendar day. If a projected day falls on a weekend or holiday, the next following working day or weekday shall fulfill requirements.
DAYCARE CENTER: An institution or place in which are received three (3) or more children, not of common parentage, apart from their parent or guardian, for part or all of the hours between six o'clock (6:00) A.M. and nine o'clock (9:00) P.M. The term "daycare center" includes, but is not limited to, the following: nursery schools, childcare centers, day nurseries, kindergartens and play groups, but does not include bona fide kindergartens or nursery schools operated by public or private elementary or secondary school systems.
DAYCARE, HOME: A family home which receives more than three (3) and up to a maximum of eight (8) children, for part or all of the hours between six o'clock (6:00) A.M. and nine o'clock (9:00) P.M., where tuition, fees, or other forms of compensation for the care of children is charged. The maximum of eight (8) children includes the family's natural or adopted children and all other persons under the age of fourteen (14). The term does not include facilities which receive only children from a single household. Daycare homes should meet all applicable village and state requirements.
DECK: An accessory structure which is elevated from ground level and is open to the sky.
DEPARTMENT OF CODE ENFORCEMENT: The enforcing department of the provisions of this ordinance.
DEVELOPER: Any person seeking to build upon or develop land in the village of Western Springs.
DIGITAL SATELLITE STATION: A small, satellite dish (not more than 24 inches in diameter) that has been designed for the purpose of receiving electromagnetic radiation.
DISTRICT: A portion of the corporate area of the village, within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this ordinance.
DORMITORY: A building or part of a building containing a room or rooms forming one or more habitable units which are used or intended to be used by residents primarily for living and sleeping.
DRIVE-THROUGH ESTABLISHMENT: A place of business, being operated for the sale and purchase at retail of food and other goods, services or entertainment, which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles.
DWELLING: A building, or portion thereof designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels or motels.
DWELLING, MULTIPLE-FAMILY: A building, or portion thereof, containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY ATTACHED: One which is joined to another single-family dwelling at one or both sides by party walls.
DWELLING, SINGLE-FAMILY DETACHED: One which is entirely surrounded by open area on the same lot.
DWELLING, TWO-FAMILY: A building containing two (2) dwelling units, attached either vertically or horizontally.
DWELLING UNIT: Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used, or intended to be used for living, sleeping, cooking, and eating.
EARTH SATELLITE STATION: An apparatus or device (greater than 24 inches in diameter) that has been designed for the purpose of transmitting and/or receiving electromagnetic radiation, but does not include conventional television, radio and amateur radio antenna.
EASEMENT: Land or an interest in land that has been designated by lawful agreement between the owner or owners of the land and another person or persons, for a specified use only by such person or persons.
EFFICIENCY UNIT: A dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room, provided such dining alcove does not exceed one hundred twenty five (125) square feet in area.
ESTABLISHMENT, BUSINESS: A place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.
EXEMPTION: The exempting of a person from compliance with a particular village policy, practice, regulation, or a particular regulation set forth in the development control ordinance or the village code, based on specific criteria set forth in the specific policy, practice, regulation, ordinance or code provision providing for the exemption.
EXTENDED MEDICAL CARE FACILITIES: Refers to those medical facilities designed to accommodate inpatients in need of lengthy recuperative periods requiring nursing attention and periodic medication.
FAMILY: An individual or two (2) or more persons related by blood, marriage, or legal adoption living together as a single housekeeping unit within a dwelling unit, including foster children, domestic servants, and not more than two (2) guests or roomers living in the dwelling on an extended basis. A family may also consist of not more than five (5) unrelated persons.
FENCE: A structure that is a barrier and is used as a boundary or means of protection or confinement, which is made of manufactured material, such as, but not limited to: wire mesh, chainlink, wood or stone material.
FINAL PLAT: A map of subdivision with accompanying material, intended for final approval and recording, on the basis of which land can be transferred, leased, or encumbered.
FIREARMS AND FIREARMS AMMUNITION: As such terms are defined in the Illinois firearm owners identification card act, 430 Illinois Compiled Statutes 65/1.1, as amended from time to time.
FLOOR AREA (For Determining Off Street Parking And Loading Requirements): The sum of the gross horizontal areas of the several floors of the building, as measured from the outside of the exterior walls, devoted to the principal use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices.
However, "floor area" for the purposes of measurement for off street parking spaces shall not include:
A. Floor area devoted primarily to storage purposes (except as otherwise noted herein);
B. Floor area devoted to off street parking or loading facilities, including aisles, ramps, and maneuvering space; or
C. Mechanical or storage floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
FLOOR AREA, GROSS (For Determining Allowable Area In One- And Two-Family Residential Districts): Except as hereinafter provided, the sum of the gross horizontal areas of all floors of all stories and partial stories of a building, or such area devoted to a specific use, measured from the exterior face of exterior walls or from the centerline of walls separating two (2) buildings or uses. The application of the gross floor area regulations shall be in conformance with appendix B that is an integral part of this ordinance.
FLOOR AREA, INTERIOR (For Determining Maximum Area Of A Home Occupation): The sum of the gross horizontal area of the several floors of the dwelling as measured from the inside of the exterior walls. However, interior floor area, for the purpose of regulating home occupations, shall include only the habitable portions of the dwelling and shall exclude:
A. Attached garages;
B. Unfinished basements; and
C. Unfinished attics.
FRONTAGE, BLOCK: The length of all the property fronting on one side of a street between the two (2) nearest intersecting streets, measured along the line of the street, or if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
FRONTAGE, ZONING LOT: The length of all the property of such zoning lot fronting on a street, as measured between side lot lines.
GARAGE, PRIVATE: A detached accessory building or portion of a main building housing the automobiles of the occupants of the premises.
GARAGE, PUBLIC: A building or portion thereof, other than a private garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor driven vehicles. The term repairing shall not include an automotive body repair shop or the rebuilding, dismantling, or storage of wrecked or junked vehicles, unless expressly authorized.
GRADE: The level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
GROSS FLOOR AREA: Refers to all the floor area contained within a building or buildings, without exception.
GROUND FLOOR: That level of a building which is the first story and is situated above the basement or, if no basement exists, on top of foundation walls.
HABITABLE SPACE: Any area or room designed and/or used for living or sleeping. For example, unfinished attics, bathrooms, toilet compartments, closets, halls, storage rooms, laundry and utility rooms, basement recreation rooms, foyers, areas or rooms used for cooking or eating, and similar areas are not considered habitable areas or rooms.
HEDGE: A row of shrubs planted to create a visual screen.
HOME OCCUPATION: An accessory use conducted completely within a dwelling unit, carried on by any member of the immediate family residing on the premises, clearly incidental and secondary to the use of the dwelling for residential purposes.
HOSPITAL: A medical institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, and care of individuals suffering from illness, disease, injury, deformity or other abnormal physical condition.
HOTEL OR MOTEL: 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.
INCOMPATIBLE USE: A use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous, or discordant.
JUNK (OR SALVAGE) YARD: An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk or salvage yard" includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.
KENNEL: Any business, premises, or portion thereof, in which more than three (3) dogs or other domestic animals over three (3) months of age are boarded for compensation, bred, cared for, or kept for sale.
LABORATORY: A place devoted to experimental study such as testing and analyzing. Manufacturing of produce or products is not to be permitted within this definition.
LANDSCAPE AREA: That portion of a lot devoted exclusively to landscaping, except that streets, drives and sidewalks may be located within such area to provide reasonable access.
LANDSCAPING: The aesthetic improvement of property through the installation of plant materials, berming, walls and fences, and other decorative elements.
LAUNDRY FACILITIES: An establishment used for dry cleaning drop off or retrieval, clothing repair or alterations, or services to be performed for households, but not firms. Excludes automotive and equipment cleaning or dry cleaning processing plant. Typical uses include laundry drop off station.
LIGHT ASSEMBLY: Assembly of parts or products from previously prepared materials. Typical uses include: catering, printing or publishing and related support activities, computer and electronic products, or other establishments that have no negative impacts on surrounding properties.
LINE OF SIGHT: A clear line of vision at an intersection.
LOT: A parcel of land located within a single block and may be either a "lot of record" or a "zoning lot".
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, ATTACHED SINGLE-FAMILY EXTERIOR: A lot occupied by an attached single-family dwelling which has a common side wall along only one side lot line.
LOT, ATTACHED SINGLE-FAMILY INTERIOR: A lot occupied by an attached single-family dwelling which has common side walls along both side lot lines.
LOT, CORNER: A lot situated at the intersection of two (2) streets.
LOT COVERAGE: The maximum percentage of total lot coverage that is improved with a principal residential structure and any other impervious surfaces, including, but not limited to, accessory structures, detached garages, driveways, outdoor residential recreational facilities (including all swimming pools or similar structures), private sidewalks, terraces, and patios.
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.
LOT, INTERIOR: A lot other than a corner or reversed corner lot.
LOT LINE, CORNER SIDE: Any lot line between the front and rear lot lines which abuts a public street.
LOT LINE, FRONT: That boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way. On corner lots, the front lot line shall be the lot line along a street which has the shortest dimension. In the case of landlocked land, the front lot line shall be that lot line that faces the access to the lot.
LOT LINE, INTERIOR SIDE: Any lot line between the front and rear lot lines which does not abut a public street.
LOT LINE, REAR: That boundary of a lot which is most distant from, and is, or is most nearly, parallel to the front lot line.
LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds of Cook County; or a parcel of land, the deed to which was recorded in the office of said recorder of deeds prior to the adoption of this ordinance.
LOT, REVERSED CORNER: A corner lot, the corner side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, THROUGH: A lot having a pair of opposite lot lines along two (2) more or less parallel public streets, and which is not a corner lot. On a "through lot" both street lines shall be deemed front lot lines.
LOT WIDTH: The horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first thirty feet (30') of lot depth immediately in back of the required front yard. In no instance shall the required front yard exceed the yard requirements of the zoning district in which such lot is located. In addition, the front lot line shall be at least seventy five percent (75%) of the lot width, except that lots on cul-de-sacs shall be exempt from this requirement.
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.
MARQUEE: A roof like structure of a permanent nature which projects from the wall of a building.
MEZZANINE: An intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.
MINIWAREHOUSE: A structure or group of structures not exceeding one story or seventeen feet (17') in height in a controlled access, fenced compound containing individual storage units with access to each unit for the storage and warehousing of personal property as opposed to commercial property. Miniwarehouses do not include wholesaling, retailing, servicing or repair of household or commercial goods in conjunction with storage.
MOTEL: See definition of Hotel Or Motel.
MOTOR VEHICLE, NONPASSENGER: Any bus, trailer, truck or recreational vehicle as defined in the Illinois motor vehicle code.
MOTOR VEHICLE, PASSENGER: Any vehicle designed, built and used primarily for the transport of between one and eleven (11) persons.
NONCONFORMING BUILDING OR STRUCTURE: Any building or structure, lawful at the time of enactment of this ordinance, which does not comply with all of the regulations of this ordinance or of any amendment hereto governing bulk for the zoning district in which such building or structure is located.
NONCONFORMING USE: The use of any land, buildings, or structures for a use which is either not permitted in the applicable district regulations, or is not a lawfully established conditional use.
NOXIOUS MATTER: Matter which is capable of causing injury or illness to living organisms, or is capable of causing detrimental effects to the health or the psychological, social, or economic well being of humans.
NURSING HOME: See definition of Convalescent, Nursing Or Rest Home.
OBSTRUCTION: An accessory structure or building located within a required yard, or an appendage to a principal building which projects into a required yard.
OCCUPANCY CERTIFICATE: See definition of Certificate Of Occupancy.
ODOROUS MATTER: Any matter or material that yields an odor which is offensive in any way.
OFFICE, PROFESSIONAL AND BUSINESS: A professional organization, or an administrative unit of business enterprise, including, but not limited to, offices of accountants, financial brokers, insurance agents, architects, engineers, planners, medical arts (such as dentists, physicians, and optometrists), attorneys, real estate and title companies. An office includes activities which are limited to the administrative professional functions of business, and excludes sales of merchandise, manufacturing, product testing or other nonadministrative functions.
OFFICIAL PLAN: The official land use plan, or any geographical or functional part thereof, as adopted by the village of Western Springs, indicating the general locations recommended for streets, parks, public buildings, and other community development aspects.
OPEN AREA: That area of a lot, parcel, or tract that is not covered by a building or structure.
OPEN SALES LOT: A principal or accessory use involving the selling of merchandise not contained within an enclosed building.
OPEN SPACE: That portion of a lot or tract not covered with impervious surfaces (buildings and paving).
OVERHANG: That portion of a building which horizontally extends beyond the building walls of the first story of such building.
OWNER: Any person having legal or equitable title to the land sought to be subdivided.
PARKING SPACE: An enclosed or unenclosed surfaced area permanently reserved for the temporary storage of one automobile and appropriately connected with a street or alley by a surfaced driveway affording adequate ingress and egress.
PARTY WALL: A wall which is common to but divides contiguous buildings.
PERSON: Includes any corporation, partnership, groups of persons, associations, or agent, so that where the word "person" is used it is clear that any entity who would be subject to this ordinance would be defined as a person.
PHILANTHROPIC INSTITUTION: An organization and/or facilities devoted to the betterment and/or improvement of community life, including, but not limited to, such institutions as the YMCA, YWCA, boys clubs, and educational or charitable foundations.
PLANNED 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 common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located; the developer or developers 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 is a subdivision approved as a conditional use.
PLAT OF CONSOLIDATION: A plat that combines more than one lot of record, in whole or in part, into a single lot of record or into multiple lots of record, but fewer in number than the underlying existing lots of record that are part of the consolidation.
PLAT OFFICER: The chairman of the plan commission of the village of Western Springs, or the director of community development, but only for administratively approved plats of consolidation or subdivisions or resubdivisions.
PRELIMINARY PLAT: A preliminary map of subdivision with accompanying material, upon which the design for the subdivision is presented, submitted for approval by the village but not for recording.
PROPERTY LINES: The lines bounding a "zoning lot", as defined herein.
PUBLIC WAY: Any sidewalk, street, alley, highway, or other public thoroughfare.
RECREATIONAL DEVICE: A structure or outdoor facility not attached to the principal structure on a lot and intended principally for recreational use such as, but not limited to, a playhouse, a swing set, a trampoline, a sandbox, or a freestanding basketball standard.
RECREATIONAL FACILITY, RESIDENTIAL: An outdoor area, court, pool, or facility composed of impervious surface material (e.g., asphalt, concrete, rubber or synthetic material) or nonimpervious surface material (e.g., sand) or any combination thereof, other than a recreational device, intended for active recreational or athletic use such as game courts, swimming pools, or ball fields established as an accessory use to a single-family residential dwelling.
RECREATIONAL VEHICLE: A camping trailer, motor home, mini- motor home, travel trailer, truck camper or van camper used primarily for recreational purposes and not used commercially nor owned by a commercial business.
RESEARCH AND DEVELOPMENT (R&D): A business that engages in research, or research and development of computer software, information systems, communication systems, transportation, geographic information systems, multimedia and video technology. R&D does not include manufacturing. The use or storage of hazardous materials as determined by the fire department shall not be permitted.
RESIDENTIAL: Refers to the use of land or buildings for dwelling purposes.
REST HOME: See definition of Convalescent, Nursing Or Rest Home.
RESTAURANT: A business establishment within which food is offered for sale and consumption only within the structure on the premises.
RESUBDIVISION: The relocation of property boundaries or the reallocation of property in a final plat that creates new lots of record or modifies the boundary lines of existing lots of record. A resubdivision may also be referred to as a subdivision. The dissolution of property lines not accompanied by the relocation of new property lines shall not constitute a resubdivision, but shall be considered a consolidation.
RIGHT OF WAY: A dedicated parcel of land to provide vehicular access to private and public property.
ROADWAY: The portion of the street right of way available for vehicular movement. Roadway width shall be measured from back of curb to back of curb.
ROOF: That portion of a building or structure which encloses such building or structure from the sky.
ROOF, MANSARD: A roof with two (2) slopes, the lower slope being steeper than the upper slope.
SATELLITE DISH ANTENNA: Any accessory structure used to receive radio or television signals from a transmitter or transmitter relay in planetary orbit.
SCREENING: A structure erected or vegetation planted for the purpose of concealing from view the area behind it.
SELF-STORAGE FACILITY: A building consisting of individual, small self-contained units that are leased or owned for the storage of business and household goods or contractors' supplies. Such supplies may not include hazardous materials as determined by the fire department.
SERVICE USE: A class of commercial uses that do not generate sales tax but trade directly with the consuming public.
SHOPPING CENTER: A group of commercial establishments, planned, developed, and managed as a unit related in location, size and type of shops to the trade area that the unit serves.
SHRUBS: Refers to a planting or growth of multistemmed woody plants.
SINGLE-FAMILY ATTACHED DWELLING: A dwelling type consisting of three (3) or more dwelling units in a single structure, in a side by side arrangement sharing common side walls such that each dwelling unit provides an individual exterior at grade entrance.
SKETCH PLAN: A general map or drawing on which the design for the subdivision of the land is presented for discussion purposes prior to the preparation of the preliminary plat.
SPECIALTY SHOP: A retail shop that sells a narrow range of goods and products and serves a specific clientele or provides a specific product not readily found in other retail establishments.
SPECIFIED ANATOMICAL AREAS:
A. Less than completely or opaquely covered: 1) human genitals, 2) pubic region, 3) buttock, and 4) female breast below a point immediately above the top of the areola;
B. Human male genitals in a discernible turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse, fellatio or sodomy;
C. Fondling, kissing, or other erotic touching of specified anatomical areas.
STORY: That part of a building between the surface of any floor and the surface of the floor next above, and if there is no floor above, then the ceiling above. A basement is a story if its ceiling is five feet (5') or more above the level from which the height of the building is measured.
STORY, HALF: That portion of a building under a gable, hip, or mansard roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four and one-half feet (41/2') above the finished ceiling of the story immediately below.
STREET, COMMUNITY ARTERIAL: See subsection 10-10-7B of this ordinance.
STREET, CUL-DE-SAC: See subsection 10-10-7B of this ordinance.
STREET HALF: That portion of the street on either side of a tract boundary when a proposed street has its centerline, or within its right of way, the boundaries of one or more tracts.
STREET, LOCAL: See subsection 10-10-7B of this ordinance.
STREET, NEIGHBORHOOD ARTERIAL: See subsection 10-10-7B of this ordinance.
STREET, PRIVATE: A paved area located on private property for the purpose of providing vehicular access to that property.
STREET, PUBLIC: A paved area within a dedicated right of way established to provide vehicular access abutting properties.
STREET, REGIONAL ARTERIAL: See subsection 10-10-7B of this ordinance.
STREET WIDTH: The shortest distance between the lines delineating the right of way of a street.
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 which is constructed or erected which requires permanent location on the ground or attachment to something having permanent location on the ground.
SUBDIVIDER: Any owner or other person proceeding under the subdivision ordinance to subdivide or develop land.
SUBDIVISION: The division of land into two (2) or more lots of record, the creation of any easement or right of way, the establishment of a planned development, or any change in the boundary lines of a lot.
SUBDIVISION, ADMINISTRATIVE MINOR: A subdivision or resubdivision of residentially zoned lot(s) that results in the creation of not more than two (2) lots that meet or exceed the minimum lot area and size requirements for the applicable zoning district classification and shall otherwise be in full compliance with applicable provisions of this ordinance. The newly created lots shall front on an existing improved street, and not involve the construction of any new street, road or public utilities (other than service lines) or public or private drainage infrastructure improvements (excluding any on site drainage features or structures that are site specific) and shall not adversely affect the development of or create any nonconformity for the remainder of the parcel, or create a conflict with any provision of the ordinances of the village of Western Springs.
SUBDIVISION, MAJOR: Any subdivision or resubdivision not classified as a minor subdivision or not specifically exempted under the terms of this ordinance.
SUBDIVISION, MINOR: Any subdivision or resubdivision that results in the creation of not more than four (4) lots, and fronting on an existing improved street, and not involving the construction of any new street, road or public utility, and not adversely affecting the development of the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the land development ordinance of the village of Western Springs.
SURFACE AREA, ANTENNA: An area determined by adding together the actual surface area of each solid element or part of an antenna or its support structure, where "solid" is defined to include all air spaces that are fully bounded by solid elements.
SURVEYOR: A land surveyor, registered as such by the state of Illinois.
SWIMMING POOL: A permanent or semipermanent structure used for recreational swimming or bathing that is located either below ground level, above ground level or a combination thereof.
TEMPORARY OCCUPANCY: Occupancy of a dwelling, structure or lot, by a person or persons to perform a particular use for a limited period of time, such as selling real estate, overseeing building construction, or selling Christmas trees.
TEMPORARY USE: See definition of Use, Temporary.
TERRACE: An accessory structure adjoining a building consisting of a relatively level, paved area which is open to the sky.
TOXIC MATERIAL: Any substance (liquid, solid or gaseous) which by reason of an inherent deleterious property when emitted in any amount, is injurious to plants, animals, or human beings.
TRAILER: A movable or portable unit to be towed on its own chassis and which is used for recreational or temporary office purposes, and is not designed for permanent or long term residence.
TRANSITIONAL YARD: See definition of Yard, Transitional.
TRELLIS: A vertical or diagonal lattice structure that is either freestanding or attached to a building for the purpose of growing vines.
TRUCK: A motor vehicle including a road tractor or a truck- tractor designed, used, or maintained primarily for the transportation of property, including "pickup trucks" and "cargo vans" in which at least one-third (1/3) of the total vehicle length is designed, used, or maintained for the transportation of property rather than human passengers.
TWO-FAMILY DWELLING: A dwelling type consisting of two (2) dwelling units in a single structure, arranged either as side by side units sharing a common wall or stacked units, with individual exterior entrances or individual unit access from a shared foyer.
UNDEVELOPED LAND: Land in and surrounding the village that has not been subdivided and/or improved under the requirements of the development control ordinance.
USE: Use of property is the purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.
USE, ACCESSORY: An activity conducted within a building or structure, or on the open area of the lot which is:
A. Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this ordinance;
B. Clearly incidental to, subordinate in purpose to, and serves the principal use; and
C. Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.
USE, CONDITIONAL: 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 "conditional use" may or may not be granted, subject to the terms of this ordinance.
USE, EXISTING: Any use of a parcel of land or a building which exists on the effective date hereof.
USE, NONCONFORMING: Any use of land, building, or structure, lawful at the time of the enactment of this ordinance, which does not comply with all of the regulations of this ordinance or of any amendment hereto governing use of the zoning district in which such use is located.
USE, PERMITTED: 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.
USE, PRINCIPAL: The main use of land or buildings as distinguished from a subordinate or accessory use. A "principal use" may be "permitted" or "conditional".
USE, TEMPORARY: Any use which is established only for a fixed period of time, with the intent to discontinue such use upon the expiration of such time, and which does not involve the construction or alteration of any permanent structure.
VARIATION: A relaxation of the provisions of this ordinance where such variation will not be contrary to the public interest and where a literal enforcement of this ordinance would result in unnecessary and undue hardship or encroach upon the property rights of others.
VARIETY STORE: A retail shop that sells a range of goods and products not generally falling into one category.
VEHICLE: Any device in, upon or by which any person or property is or may be transported or drawn upon a highway or waterway, except devices moved by human power.
VIEW OBSTRUCTION: An obstruction of a line of sight (see definition of Line Of Sight).
VILLAGE: The village of Western Springs.
VILLAGE ATTORNEY: The attorney or legal firm retained by the village to represent its interests.
VILLAGE ENGINEER: A professional engineer, registered in the state of Illinois, who has been duly appointed as such by the village board.
WALKWAY/BIKEWAY: A way, however designated, across or within a block for use by pedestrian and bicycle traffic, which shall include, but not be limited to, sidewalks and crosswalks.
WALL: A vertical structure of a linear nature which serves to support, retain, or screen.
WATCHMAN'S QUARTERS: Working facilities for an owner/operator or employee to provide twenty four (24) hour security in any zoning district where such accommodations are a permitted use. Watchman's quarters shall not serve as a primary residence for a watchman.
YARD: An area on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this ordinance. A yard is the distance between a building and a lot line.
YARD, CORNER SIDE: A side yard which adjoins a public street, extending from the front face of the building to the rear face of the building.
YARD, FRONT: A yard extending from the front building face to the front lot line along the full width of the lot 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, extending from the side face of the building to the interior side lot line between the front and rear yards.
YARD, REAR: A yard extending from the building face to the rear lot line along the full width of the lot between the side lot lines, except that for corner lots the rear lot shall terminate at the corner side yard.
YARD, REQUIRED: The front, rear, interior side or corner side yard required by the applicable provisions of this ordinance.
YARD, TRANSITIONAL:
A required yard on a lot in circumstances where the lot abuts a more restrictive zoning district and the proposed use of the lot could create potential impacts on adjacent property. No principal buildings are permitted in transitional yards. (Ord. 92-1855, 12-14-1992; amd. Ord. 93-1867, 6-28-1993; Ord. 94-1888, 1-24-1994; Ord. 94-1921, 12-12-1994; Ord. 95-1928, 1-23-1995; Ord. 96-1965, 2-26-1996; Ord. 98-2064, 12-21-1998; Ord. 99-2082, 4-26-1999, eff. 8-1-1999; Ord. 01-2158, 1-22-2001; Ord. 01-2167, 5-21-2001; Ord. 03-2227, 2-24-2003; Ord. 03-2266, 10-27-2003; Ord. 03-2267, 10-27-2003; Ord. 04-2294, 5-24-2004; Ord. 04-2308, 9-13-2004; Ord. 09-2530, 3-23-2009; Ord. 15-2786, 2-23-2015; Ord. 15-2794, 3-23-2015; Ord. 21-3044, 6-28-2021; Ord. 21-3047, 6-28-2021)