In the construction of this title, the rules and definitions contained in this section shall be observed and applied except when the context clearly indicates otherwise:
A. The singular number includes the plural, and the plural the singular;
B. The present tense includes the past and future tenses, and the future the present;
C. The words "shall" and "will" are mandatory and not discretionary, while the word "may" is permissive;
D. The masculine gender includes the feminine and the neuter;
E. Whenever a word or term defined hereinafter appears in the text of this title, its meaning shall be construed as set forth in the definition thereof, and any word appearing in parentheses, between a word and its definition herein, shall be construed in the same sense as that word;
F. All measured distances and values, expressed in feet, shall be to the nearest integral number, if a fraction is one-half (1/2) the number or more, the integral number next above shall be taken; and
G. The word "person" shall include, but not be limited to, a firm, association, organization, partnership, trust, company or corporation as well as an individual.
The following words and terms, wherever they occur in this title, shall be construed as herein defined:
ABANDONMENT: An action to give up one's rights or interest in property.
ABUTTING/ADJOINING: To physically touch, border upon, or share a common property line or district line.
ACCESSORY BUILDING OR USE: A. An "accessory building or use" is one which:
1. Is subordinate to and serves a principal building or principal use;
2. Is subordinate in area, extent or purpose to the principal building or principal use served;
3. Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
4. Is located on the same zoning lot as the principal building or principal 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.
B. An "accessory use" includes, but is not necessarily limited to, the following:
1. A garden house and private greenhouse;
2. A shed, garage or building for domestic storage;
3. Storage of merchandise normally carried in stock or use on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;
4. Storage of goods used in or produced by manufacturing activities on the same lot or parcels of ground with such activities unless such storage is excluded by the district regulations;
5. Private swimming pool for use by the occupant and his guests;
6. Off street motorcar parking areas, and loading and unloading facilities;
7. Signs (other than advertising signs) as permitted and regulated in each district incorporated herein; and
8. Carports.
ACREAGE: Any tract or parcel of land having an area of one acre or more which has not heretofore been subdivided or platted.
ADULT BUSINESS/USE: Any business which has as its primary purpose the selling, renting or showing of sexually explicit materials. Said use shall include gentleman's clubs and other live entertainment involving partial or full nudity.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act. (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act. (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ALLEY: A public way or private way, at the rear or side of property, permanently reserved as a secondary means of access to abutting property. A street shall not be considered an alley.
ALTERATION: A change in size, shape, character, occupancy or use of a building or structure.
AMUSEMENT ARCADE (GAME ROOM): Any establishment containing five (5) or more mechanical, electronic and/or coin operated amusement devices and/or games operated for the amusement of the general public whether or not operated as a principal use.
AMUSEMENT DEVICE: Any machine, game, table or device which is designed, intended or used as entertainment, and may be operated by the public upon insertion of a coin or token, or the use of which is made available for any valuable consideration and is not considered a gaming device by the Illinois Compiled Statutes. Not included within the definition of "amusement device" are such devices as food, soft drink or cigarette vending machines.
APARTMENT: A room or suite of rooms in a two-family or a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities (sink, stove, refrigerator and storage facilities), permanently installed, must always be included for each apartment.
AREA, GROSS: See definition of Lot Area.
AUDITORIUM: A room, hall or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people as an audience to hear lectures, plays and other presentations.
AUTOMOBILE LAUNDRY (CAR WASH), SELF-SERVICE OR ROLL OVER: A building or portion thereof containing facilities for washing automobiles, using self-service spray devices or mechanical brushes, but which do not have a conveyor system for moving automobiles through the washing facilities.
AUTOMOBILE LAUNDRY (CAR WASH), TUNNEL WITH CONVEYOR: Any drive- through or drive-in facility where motor vehicles are washed with the use of a conveyor and blower or other cleaning devices.
AUTOMOBILE REPAIR, MAJOR: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; painting or finishing of vehicles; or any type of reconstruction and painting services involving the use of potentially toxic and/or odorous materials. A major automobile repair use does not include an automobile service station component, as defined by this title.
AUTOMOBILE REPAIR, MINOR: Incidental automobile, motorcycle, pickup truck and other small truck repair, or replacement of parts and motor service to such vehicles, but not including any operation specified under "automobile repair, major", as defined by this title.
AUTOMOBILE SALES: The use of any building, land or other facility primarily for the display and sale of new or used automobiles including pickup trucks, vans, trailers or recreation vehicles.
AUTOMOBILE SERVICE STATION, CONVENIENCE RETAIL SALES, INCLUDING MINIMART: An automobile fueling station that offers or includes the retail sale of prepackaged, nonprescription drugs and convenience type food items as a primary use and does not include either a major or minor automobile repair component, as defined by this title. Such uses typically provide parking spaces to allow customers to shop within the retail component of said station.
AUTOMOBILE SERVICE STATION (GAS STATION): Any building or portion thereof or premises used for dispensing or offering for sale at retail of any automotive fuels or oils, having pumps and storage tanks thereon, or where batteries, tires, accessories and other small minor services are sold or rendered. Automobile service stations do not include open sales lots or public garages as defined herein.
AWNING: Any structure entirely supported by the wall to which it is attached or extending from a building entrance and which has a frame covered by a temporary material and/or which can be retracted against the wall by which it is supported.
BANKS AND FINANCIAL INSTITUTIONS: Commercial banks and other similar financial institutions.
BASEMENT: A portion of a building located partly underground but having less than half its clear floor to ceiling height below the average finished ground grade at the exterior building walls.
BED AND BREAKFAST: An operator occupied residence providing accommodations for a charge to the public with no more than five (5) guestrooms for rent, in operation for more than ten (10) nights in a twelve (12) month period. Breakfast may be provided to the guests only. Bed and breakfast establishments do not include motels, hotels, boarding houses, or food service establishments.
BED AND BREAKFAST GUESTROOM: A sleeping room intended to serve no more than two (2) transient adult guests per night.
BED AND BREAKFAST OPERATOR: The owner of a bed and breakfast establishment, or the owner's agent, who is required by state law to reside in the bed and breakfast establishment.
BEDROOM: Any room other than a living room, dining room, kitchen, bathroom, utility room or family room, for the purpose of this title, shall be considered a bedroom.
BLOCK: A tract of land bounded by streets or by a combination of one or more streets and public parks or other permanent public open space, cemeteries, railroad rights of way, shorelines of waterways and other permanent open spaces or corporate boundary lines.
BOARDING HOUSE: A residential building or portion thereof, not qualifying as a bed and breakfast establishment as defined by state law, that contains lodging rooms for the accommodation of two (2) or more persons, who are not members of the keeper's family, for an unspecified length of stay. Lodging or lodging in combination with meals, including lunch and dinner, may be provided in exchange for compensation. Boarding houses do not provide meals to nonboarders and do not include establishments licensed by the state as motels, hotels, apartment hotels or restaurants.
BUILDABLE AREA: The area of a lot remaining on a zoning lot after the minimum bulk requirements have been met.
BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings, and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels. A building is also a structure from which personal goods and/or services are offered.
Any structures with interior areas not normally accessible for human use such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers and other similar structures are not considered as buildings.
BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space or from other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
BUILDING, DETACHED: A building surrounded by open space on the same zoning lot.
BUILDING HEIGHT: The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest elevation of the roof in the case of a slant or flat roof, to the deck line of a mansard roof, and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
BUILDING LINE: The line which represents the required minimum distance from the street right of way line, or any other property line, that establishes the area within which the principal structure must be erected or placed. Also known as setback line.
BUILDING, NONCONFORMING: Any building which does not conform to the regulations of this title prescribing the use, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which the building is located.
BUILDING PERMIT: A permit by the village for the construction, alteration, removal or demolition of a building or structure within the village.
BUILDING, PRINCIPAL: A nonaccessory building in which the principal use of the zoning lot on which it is located is conducted.
BUILDING, TEMPORARY: Any building or structure not permanently affixed to the land. Such uses include, but are not limited to, the following: temporary real estate offices and model homes related to new housing developments, circus or carnival tents and booths, and stages for the performance of music and/or other live entertainment.
BULK: A composite characteristic of a given building as located upon a given zoning lot; not definable as a single quantity, but involving all of the following characteristics:
A. Ground floor area and height of buildings;
B. Location of exterior walls of buildings or structures at all levels in relation to lot lines, streets or to other buildings or structures;
C. Gross floor area of the building in relation to lot area (floor area ratio), all open spaces allocated to the building; and
D. The amount of lot area and lot width provided per dwelling unit.
CANOPY: A structure, other than an awning, made of metal or other material with frames attached to a building or self-supporting and carried by a frame supported by the ground or permanent hard surfaced area.
CARGO CONTAINER: A standardized, reusable vessel, designed without an axle or wheels, that was originally, specifically, or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, and/or designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.
CARPORT: An open sided, roofed automobile shelter, formed by the extension of the roof from the side of a building.
CELLAR: The portion of a building located partly or wholly underground, and having half or more than half of its clear floor to ceiling height below the average finished ground grade at the exterior building walls.
CEMETERY: A parcel of land dedicated to, and a portion of which is being used for, the interment of human remains. A cemetery may include administration buildings, chapels, crematoriums and maintenance shops.
CLINIC, ANIMAL: See definition of Veterinary Clinic.
CLINIC, MEDICAL OR DENTAL: An establishment where patients are admitted for examination and treatment by one or more physicians, or dentists, psychologists or social workers, and where patients are not lodged overnight.
CLUB OR LODGE, PRIVATE: A nonprofit association of persons, who are bona fide members paying dues, which owns, hires or leases, and is restricted to members and their guests. Such uses shall not include adult business/uses and gentleman's clubs, as defined by this title.
CLUSTER SUBDIVISION: A form of development in which individual lots are clustered, grouped or arranged so as to achieve a more flexible site design for the purpose of providing more usable open space and protecting sensitive natural areas and features.
COMMERCIAL OR CONSTRUCTION TRAILER: A vehicle of two (2) wheels or more, without motive power in operation, designed for carrying persons or property in the furtherance of any commercial or industrial enterprise, or construction trade, for hire or not for hire, towed or hauled by another motorized vehicle, so constructed that no part of its weight rests upon the towing vehicle, and properly licensed to operate on the public roads.
COMMERCIAL VEHICLE: A vehicle properly licensed to operate on the public roads, exceeding a maximum gross weight of eight (8) tons (classes D through Z); designed, used, or maintained primarily for the transportation of property or persons for pecuniary gain by the owner of the vehicle or remuneration of the operator.
COMMON OWNERSHIP: That degree of ownership, whether legal or equitable, which singly or in combination allows the same person or persons, entity or entities, to control the use of adjoining lots.
COMMUNITY CENTER: A building or other facility used for recreational, social, educational and/or cultural activities that is open to the public or a designated segment of the public and is owned and operated by a public or nonprofit agency. See definitions of Recreation Facility, Public and Recreation Facility, Institutional.
COMPREHENSIVE (DEVELOPMENT) PLAN 1 : The long range plan for the growth and development of the village and its planning area, including graphic and written materials, as formally adopted and amended from time to time by the village board.
CONDOMINIUM: A form of real estate ownership in which designated units or volumes of space are owned by individual homeowners who, by virtue of their unit ownership, have joint use of, interest in and ownership of halls, entranceways, service facilities, lands and such other improvements as may be included in the condominium declaration required by the condominium property act of the state of Illinois 2 .
CONSTRUCTION EQUIPMENT: Mechanized equipment used in the construction trade, which shall include, but not be limited to, the following: backhoe, end loader, bulldozer, skid steer loader, trencher, aerial lift, forklift, dump truck, water truck, landscaping equipment, window washing, tree service equipment, tanker, crane, grader, generator, air compressor or cement mixer.
COOPERATIVE: The mutual ownership of property by shareholders in which title to the land and building is held by a corporation.
COURT, INNER: An open unoccupied space surrounded on all sides by walls, or by walls and a lot line.
COURT, OUTER: An open unoccupied space opening onto a street, alley or yard.
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 of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the "curb level".
DAYCARE FACILITY: An institution or place in which are received children or adults requiring assisted living services for part or all of a day but not later than nine o'clock (9:00) P.M.
DAYCARE FACILITY, BUSINESS: A daycare facility which is located other than in an owner occupied single-family residence or which employs paid staff living outside a residence in which such daycare facility is located. The term business daycare facility includes, but is not limited to, the following: nursery schools, childcare centers, geriatric care 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, or nursing homes.
DAYCARE FACILITY, HOME: An owner occupied single-family residence used on a regular basis for daycare facility purposes for a maximum of eight (8) children or adults requiring assisted living services. Said maximum does not include the owner family's natural, foster or adopted family members permanently living within the residence. A home daycare facility shall not be considered a "home occupation", as defined by this title. However, a home daycare facility which employs paid staff from outside the residence is a business daycare facility, as defined by this title.
DECIBEL: A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of a sound are calibrated in decibels.
DISTRICT: See definition of Zoning Districts.
DRIVE-THROUGH/DRIVE-IN ESTABLISHMENT: A business that is operated for the sale and purchase of food, other goods and/or services or entertainment and that is designed and equipped so as to allow patrons to be served or accommodated while remaining in their automobiles.
DRIVEWAY: A private road which provides access to a lot or to a use located on such lot from a public way.
DWELLING: A residential building or portion thereof that is used exclusively for human habitation, but not including hotels, motels, boarding houses, rooming houses, nursing homes, tourist homes or trailers.
DWELLING, ATTACHED: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING, DETACHED: A dwelling which is entirely surrounded by open space and is not connected to any other dwelling unit by roof, walls or porches on the same lot.
DWELLING GROUP: Two (2) or more one-family, two-family or multiple-family dwellings, or boarding or lodging houses, located on one zoning lot but not including mobile homes or motels.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof designed or altered for occupancy by three (3) or more families living independently of each other.
DWELLING, SINGLE-FAMILY: A dwelling containing one dwelling unit.
DWELLING, SINGLE-FAMILY ATTACHED OR TWO-FAMILY: A building on a single lot containing two (2) dwelling units, each of which, except for sharing a common stairwell or exterior to both dwelling units, is completely separated from the other by either an unpierced wall extending from ground to roof or an unpierced ceiling and floor connecting the exterior walls.
DWELLING, TOWNHOME: A single-family dwelling, in a row of at least three (3) such units, in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from all other units by one or more common fire resistant walls.
DWELLING UNIT: A group of rooms constituting all or parts of a dwelling which are arranged, designed, used or intended for use exclusively as living quarters for one family. (Complete single kitchen facilities, permanently installed, shall always be included for each "dwelling unit".)
EASEMENT: Land which has been designated by lawful agreement between the owner or owners of the land and a person or persons for a specific use only by such person or persons.
EDUCATIONAL INSTITUTION: Public, parochial, charitable or nonprofit junior college, college or university, other than trade or business schools, including instructional and recreational uses with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.
EFFICIENCY UNIT: A dwelling unit consisting of one principal room, together with one of the following: bathroom, kitchen, hallway, closets and/or dining alcove directly off the principal room, provided such dining alcove does not exceed one hundred twenty five (125) square feet in area.
ELECTRIC SUBSTATION: A terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and generally to the local distribution system.
ESTABLISHMENT, BUSINESS: A building structure, or land used in whole or in part as a place of business, the ownership or management of which is separate and distinct from the ownership or management of any other place of business located on the same or other lot.
FAMILY: Any number of persons related by blood, marriage or adoption, or, a group of not more than two (2) persons unrelated by blood, marriage or adoption.
FENCE, OPEN: A fence, including entrance and exit gates, designed and constructed so that the surface area of any segment of such fence contains at least fifty percent (50%) open spaces, as compared to solid materials.
FENCE, SOLID: A fence, including solid entrance and exit gates, which effectively conceals from viewers in or on adjoining properties and street, the materials stored and/or the activities and operations conducted behind it.
FLAG LOT: See definition of Lot, Flag.
FLOODWATER (STORMWATER) MANAGEMENT REGULATIONS: The DuPage County stormwater management ordinance, as amended from time to time, in conjunction with titles 11 and 12 of this code.
FLOOR AREA: For the purposes of determining the floor area ratio, conversions of existing structures and maximum size of business establishments' floor area, is the sum of the horizontal area of floor space contained in all floors (including a basement floor but not including a cellar floor) of a building or buildings on a lot measured in square feet from the exterior faces of the exterior walls of each building, or from the centerline of party walls separating two (2) buildings. Such floor area shall also include:
A. Space devoted to elevator shafts and stairwells at each floor;
B. Floor space used for mechanical equipment when the equipment such as bulkheads, water tanks and cooling towers, is located on the roof, whether or not such equipment is in the open or enclosed;
C. Floor space in that part of a half story where headroom is seven feet ten inches (7'10") or more in height;
D. Floor space devoted to interior balconies, mezzanines and enclosed porches;
E. Floor space devoted to accessory uses in the principal building and in the accessory building or buildings; and
F. Floor space devoted to enclosed off street parking and off street loading.
FLOOR AREA (For The Purpose Of Determining Off Street Parking And Off Street Loading): For the purpose of determining off street parking and off street loading requirements, is the sum of the gross horizontal area of the several floors of the building or portion thereof devoted to a use requiring off street parking or loading. This area shall include accessory storage areas located within selling or working space such as counters, racks or closets, and any basement 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 determining off street parking spaces, shall not include floor area devoted primarily to storage purposes (except as otherwise noted herein); nor floor area devoted to off street parking or loading spaces, including also floor area for ramps, aisles and maneuvering space; nor cellar floor area other than area devoted to merchandising activities, to the production or processing of goods, or to business or professional offices.
FLOOR AREA RATIO: The numerical value obtained through dividing the gross floor area of a building or buildings by the net lot area on which such building or buildings are located.
FREQUENCY: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building, including a carport, which is intended for and used for storing of not more than three (3) passenger vehicles of the family or families resident upon the premises, and in which no business, service or industry connected directly or indirectly with the automotive vehicles is carried on; provided, that not more than one-half (1/2) of the space may be rented for the private passenger vehicles of persons not resident of the premises.
GARAGE, PUBLIC: Any building where automotive vehicles are painted, repaired, rebuilt, reconstructed or stored for compensation.
GARAGE, STORAGE: A building or premises used for housing only motor vehicles pursuant to previous arrangements and not by transients; and where no equipment or parts are sold and vehicles are not rebuilt, serviced, repaired, hired or sold; except, that fuel, grease or oil may be dispensed within the building to vehicles stored therein.
GENTLEMAN'S CLUB: See definition of Adult Business/Use.
GRADE: The elevation of the ground level as follows:
A. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the streets.
B. For buildings having walls adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets.
C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five feet (5') from a street line is to be considered as adjoining the street. Where no sidewalk exists, the grade shall be established by the Winfield building commissioner.
GROSS DENSITY: The ratio between total number of dwelling units on a zoning lot and total lot area in acres.
GROUND FLOOR AREA: The lot area covered by a building, measured from the exterior faces of exterior walls, but excluding open porches or terraces, garages or carports.
GROUP CARE HOME: A residential dwelling, maintained as a single housekeeping unit occupied primarily by persons participating in a counseling, habilitation or rehabilitation program, including developmentally disabled persons, recovering alcoholics, the mentally ill, the elderly, or other persons entitled to protection under the provisions of the fair housing act (42 USC 3601 et seq.). The group care home shall provide a program structured to meet the social, habilitative, and respite needs of persons residing therein, in a residential community setting. Prior to admitting residents, the group care home shall comply with applicable licensing standards of the appropriate federal, state, or local agencies and may house such staff persons as may be required to meet the standards of the licensing agencies. The number of occupants of a group care home may range from nine (9) to a maximum of fifteen (15), but only as a special use. When a group care home contains less than nine (9) occupants, the group care home shall be a permitted use and shall comply with the following standards:
A. The sponsoring agency shall demonstrate eligibility or receipt of a state license to operate a group care home at the requested location.
B. The sponsoring agency shall be licensed by the state of Illinois to operate community residences.
C. The proposed group care home shall be located in accordance with distance requirements of this title and conform to all other applicable village codes and ordinances.
D. The sponsoring agency shall obtain a letter approving occupancy from the village manager certifying that all codes and standards have been satisfied.
The group care home shall comply with the bulk regulations, parking requirements, and other requirements and standards applicable to residential uses. A foster care home shall not be classified as a group care home, unless it fails to meet the definition of "family" contained in this section.
HELISTOP: An area or facility, located at ground level or incorporated within (or on top of) a structure, that is licensed by the appropriate federal or state agencies, and is designed and used solely for the landing, loading and takeoff of helistop or dirigible aircraft. A helistop may also include auxiliary facilities such as parking areas, waiting areas and fueling and maintenance equipment.
HOME BUSINESS: See definition of Home Occupation.
HOME BUSINESS OFFICE: A special use home occupation with not more than one employee or assistant that works on a regular basis within the residence or residential accessory structure containing the home occupation and does not live within said principal residence.
HOME OCCUPATION: Any activity or trade carried out for profit by a resident of a dwelling that can be conducted as an incidental, and accessory use to the resident's dwelling consistent with the limits of section 10-2-13 of this title.
HOSPITAL OR SANATORIUM: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care, of three (3) or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical or mental conditions.
HOTEL: A building containing lodging rooms, a common entrance lobby, halls and stairway; and where each lodging room does not have a doorway opening directly to the outdoors except for emergencies; and where more than fifty percent (50%) of the lodging rooms are for rent, with or without meals, to transient guests for a period of less than thirty (30) days.
HOTEL, APARTMENT: A hotel in which at least fifty percent (50%) of the hotel accommodations are for occupancy by permanent guests (30 days or more).
IMPERVIOUS COVERAGE: The part or percent of the lot or yard occupied by buildings, structures and impervious surfaces, including accessory buildings or pavements.
IMPERVIOUS SURFACE: Any material that reduces or prevents the absorption of stormwater into previously undeveloped land.
JUNKYARD: An open area where waste, used or secondhand 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 junkyard includes an auto wrecking yard, but does not include uses carried on entirely within enclosed buildings.
KENNEL, COMMERCIAL: Any lot, structure, building or premises, or portion thereof, on which dogs, cats or other domestic animals are housed, groomed, bred, boarded, traded or sold for a fee or compensation.
KENNEL, NONCOMMERCIAL: Any lot, structure, building or premises or portion thereof, in which more than four (4) dogs, or more than four (4) cats or other domestic animals over four (4) months of age are kept on a regular basis or for a period extending beyond two (2) weeks. Such animals shall not be housed or fed in exchange for a fee or compensation.
KITCHEN: A room or place, including at least a refrigerator, range and sink, for the cooking and preparation of food.
LABORATORY, RESEARCH: A facility for scientific research, investigation, testing or experimentation, but not primarily for the manufacture, assembly, packaging or sale of products.
LAUNDERETTE: A business that provides coin operated, self- service, such as washing, drying, dry cleaning, ironing facilities; providing that:
A. Not more than four (4) persons, including owners, are employed on the premises; and
B. No pick up or delivery service is maintained.
LOADING AND UNLOADING SPACE OR BERTH, OFF STREET: An open, hard surfaced area of land, other than a street or a 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.
LODGING: See definition of Boarding House.
LOT: A piece of land having fixed boundaries that is recorded as a zoning lot, as defined by this title. It is not necessarily a lot of record.
LOT AREA: The area of a horizontal plane bounded by the front, side and rear lot lines, as determined by multiplying the average lot depth by the mean lot width. (See illustrations in section 10-1-5 of this chapter.)
LOT AREA, NET: The total horizontal area within the lot lines of a lot, exclusive of any portion of existing street and alley rights of way or access easements.
LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a single street, the interior angle of which does not exceed one hundred thirty five degrees (135°).
LOT COVERAGE: That percentage of a lot which, when viewed directly from above, would be covered by a building or buildings or any part thereof, excluding open steps, terraces and cornices projecting not more than 0.76 meters (30 inches). Excludes sheds and other accessory structures under one hundred twenty (120) square feet. See also definitions of Lot Coverage, Driveway and Lot Coverage, Accessory Structures.
LOT COVERAGE, ACCESSORY STRUCTURES: That percentage of lot coverage that is covered by accessory structures.
LOT COVERAGE, DRIVEWAY: That percentage of a lot covered by driveways and service walks.
LOT DEPTH: The mean distance from the front lot line to the rear lot line.
LOT, FLAG: A lot where the buildable area is not fronting on or abutting a public road and where access from the lot to the public road is by means of a narrow access strip. See section 10-1-5 of this chapter.
LOT FRONTAGE: The distance measured between side lot lines of a lot at the street right of way. If the side lot lines do not intersect the street right of way, the lot frontage shall be only that portion of the lot line abutting the street that coincides with the street right of way. For an arced lot line, the lot frontage shall be the internal chord dimension.
LOT INTERIOR: A lot other than a corner or reversed corner lot.
LOT LINE: A property boundary line of any lot held in single or separate ownership; except, that where any portion of any lot extends into the abutting street or alley, the lot line shall be deemed to be the established or existing street or alley line.
LOT LINE, CORNER SIDE: The boundary of a corner lot that abuts a street right of way but is not the front lot line.
LOT LINE, FRONT: That boundary line of any lot which is along an existing or dedicated street lot line and which is established as a front lot line on the plat of record filed by the owner, subdivider or builder. (On a corner lot at the intersection of 2 streets, the front lot line shall be the shorter of the 2 lot lines abutting a street.)
LOT LINE, REAR: That boundary of a lot which is most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than ten feet (10') in length, or if the line forms a point at the rear, the rear lot line shall be deemed to be a line ten feet (10') in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front or rear lot line.
LOT OF RECORD: An area of land that is designated as a separate platted subdivision lot in a subdivision plat prepared in accordance with the plat act and recorded in the office of the DuPage County recorder of deeds.
LOT OF RECORD, NONCONFORMING: A nonconforming lot of record that was created by a plat or deed recorded at a time when the creation of a lot of such size, shape, depth, and width at such location would not have been prohibited by any ordinance or other regulation.
A nonconforming lot of record cannot be created by the sale or transfer of property that results in the creation of a nonconforming lot of record or that increases the degree of nonconformity of any existing legal nonconforming lot of record.
LOT, REVERSED CORNER: A corner lot where the street side lot line is substantially a continuation of the front lot line of the first lot to its rear.
LOT, THROUGH: A lot which has a pair of opposite lot lines along two (2) substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines, but in the case of two (2) or more contiguous through lots, there shall be a common front lot line.
LOT, UNIMPROVED: A parcel or area of land prior to development that is essentially devoid of buildings, structures or paved areas.
LOT WIDTH: The distance between the side lot lines of a lot, measured within the lot boundaries at the minimum required setback line. For flag lots, the lot width shall be determined in the same manner and the setback line shall be measured from where the front lot line is equal to or greater than the minimum lot width.
LOT, ZONING: An area of land composed of:
A. A single lot of record;
B. A portion of a lot of record; or
C. A combination of contiguous lots of record or portions of lots of record under common ownership fronting on an improved street, public right of way, or a private way whose use has been approved by the village of Winfield, which the village of Winfield by its zoning ordinance or its map or the property owner designates as a development site meeting the minimum lot size requirements of this title for a specific permitted or special use in the zoning district in which it is located, subject to the right to seek a variance as otherwise provided for in the zoning ordinance. Therefore, the zoning lot may or may not coincide with a lot of record.
MARQUEE: Any hood or awning of permanent construction supported entirely by the building and projecting from the building's wall over a sidewalk or pedestrian thoroughfare.
MOTEL: A building containing lodging rooms having individual bathrooms, and where each lodging room has a doorway opening directly to the outdoors, and where more than fifty percent (50%) of the lodging rooms are for rent to transient tourists for periods of less than thirty (30) days.
MOTOR FREIGHT TERMINAL: A building or premises in which freight is received or dispatched by motor vehicle.
MOTOR VEHICLE: Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.
NAMEPLATE: A sign which displays only the name or address of the occupant and is unlighted.
NET AREA: The area of a development parcel remaining after subtracting the area of public rights of way, jurisdictional wetlands (as defined by the U.S. army corps of engineers), open waters, open space and other land areas precluded from development by applicable statutory requirements.
NET DENSITY: The number of dwelling units that can be built on a development parcel per net acre for purposes of evaluating the recommended maximum density within a land use category. The maximum density is the number of dwelling units obtained by dividing the net area by the minimum lot area permitted within the zoning district in which the development parcel is located. See definition of Net Area.
NURSERY, RETAIL: Land and/or greenhouses used to raise flowers, shrubs and plants for sale on the premises to the general public.
NURSERY SCHOOL: A school, private, semipublic or public, providing organized instruction and care for children prior to their enrollment in an elementary school.
NURSING HOME: A building containing facilities for the care of and occupancy by aged, chronically ill, infirm or incurable persons, or a place of rest for those persons suffering bodily disorders, in which three (3) or more persons not members of the same family residing on the premises are received and provided with food, shelter and care. The term "nursing homes" shall not include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.
OCCUPANCY CERTIFICATE: A certificate of use and occupancy issued by the village stating the occupancy and use of land or a building or structure referred to therein complies with the provisions of this title.
OCTAVE BAND: A term denoting all the frequencies between any given frequency and double that frequency.
OCTAVE BAND FILTER: An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.
ODOR THRESHOLD VALUE: The minimum concentration of odorous materials in air which can be detected as determined by Manufacturing Chemists Association or other qualified laboratory.
OFFICE: A room or group of rooms used for conducting the affairs of a business, profession, service, industry or governmental unit or other agency. Such use shall not include the assembly, construction or manufacture of any product. Office uses include desktop publishing and computer programming.
OPEN SALES LOT: Any land used or occupied for the purpose of buying and selling motor vehicles in operable condition such as passenger cars, trucks, motor scooters or motorcycles, boats or monuments.
OPEN SPACE: Any parcel or area of land or water essentially unimproved, or otherwise devoid of buildings or other structures and paved areas, and set aside, dedicated, designated, or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space.
PARCEL: A lot, or contiguous group of lots under single ownership or controlled by a single entity, and usually considered a unit of land area for development purposes. See definition of Tract.
PARKING AND LOADING FACILITY, OFF STREET: A building, structure, parcel of land, or portion thereof that provides space for off street parking or off street loading, including accessways, driveways and aisles, and is either a principal or accessory use.
PARKING AREA OR LOT: A suitably surfaced and maintained area exclusive of any street, alley, or other access, designed or used for the temporary storage of motor vehicles.
PARKING LOT, MUNICIPAL: A public parking area owned by the village.
PARKING LOT, PRIVATE: A surface, other than a street or public way, designed, arranged and made available for the parking of motor vehicles.
PARKING LOT, PUBLIC: A surface, other than a street or public way, intended or permitted to be used for the parking of passenger automobile and commercial vehicles under one and one- half (11/2) ton capacity and available to the public, whether for compensation, free or as an accommodation to clients or customers.
PARKING, ON STREET: A temporary storage area for a motor vehicle that is located on a dedicated street right of way.
PARKING OR LOADING SPACE, OFF STREET: An open, hard surfaced area of land, other than rights of way, access drives, aisles, ramps, columns, or office/work areas for which the principal use is the standing, loading and unloading of motor vehicles.
PARKING SPACE: An enclosed or unenclosed area permanently reserved for the temporary storage of one automobile which is appropriately connected, with adequate ingress and egress, to a street or alley.
PLANNED DEVELOPMENT: A parcel of land or contiguous parcels of land initially under single ownership or unified control developed as a single entity, compatible with adjacent parcels.
The area of an established planned development shall remain in conformance with the intent of the original planned development concept as modified from time to time as recommended by the plan commission and approved by the village board of trustees.
RECREATION FACILITY: An indoor or outdoor place designed and equipped for the conduct of sports or other leisure time activities. A recreational facility may include other uses related to recreational activities, such as food service operations, banquet halls or dancing areas.
RECREATION FACILITY, COMMERCIAL: A recreation facility operated for profit as a business open to the general public for use upon payment of a fee, or operated as a private club for exclusive use by members and their guests upon payment of a membership fee.
RECREATION FACILITY, INSTITUTIONAL: A recreation facility incorporated as or operated by a nonprofit organization for exclusive use by members and guests of said nonprofit organization.
RECREATION FACILITY, PUBLIC: A recreation facility that is maintained and operated by a municipality or other governmental unit. Such a facility is open to the general public and may or may not charge an admission fee.
RECREATIONAL OR UTILITY TRAILER: A vehicle of two (2) wheels or more, without motive power in operation, designed for the purpose of transporting recreational vehicles or equipment, not including commercial trailers, towed or hauled by another motorized vehicle, so constructed that no part of its weight rests upon the towing vehicle, and properly licensed to operate on the public roads.
RECREATIONAL VEHICLE: Any vehicle without a permanent foundation that can be towed, hauled or driven and is originally designed or permanently converted for primary use as a temporary living accommodation. A recreational vehicle is not used for commercial purposes and includes, but is not limited to, the following: house trailers, truck and camping trailers, campers, private living coaches and self-propelled motor homes. See definition of Trailer.
REFUSE: All waste products resulting from human habitation, except sewerage.
RESTAURANT: Any land, building or part thereof, other than a "boarding house" or "bed and breakfast", as defined by this title, where meals are provided for compensation. Restaurants include, but are not limited to, cafes, cafeterias, coffee shops, lunchrooms, drive-in establishments, tearooms and dining rooms.
RESTAURANT, CARRYOUT: A restaurant use that primarily serves food and beverages in disposable containers for consumption off the premises, and where ordering and pick up of food may take place from an automobile. See definition of Drive-Through/Drive-In Establishment.
RESTAURANT, OUTDOOR DINING: A restaurant use with an enclosed or unenclosed area that is outside the principal structure containing the restaurant use and is primarily exposed to the open air used to provide seating for the consumption of meals. An outdoor dining restaurant use shall not be permitted on public sidewalks or any other public land, easement or right of way.
RESTAURANT, SIT DOWN: A restaurant use that primarily serves food and beverages for consumption on the premises.
RESTRICTED OFFICE: An office use conducted entirely within a building originally constructed as a principal single-family residence, or a building or structure accessory thereto, with no residential dwelling component. A restricted office use is performed solely for gain or financial support by means of technical, clerical, administrative or consultive work with no direct retail sales to the public.
RETAIL: The general sale of commodities to the consumer.
RIGHT OF WAY: That portion of real estate dedicated for public use.
RINGELMANN CHART: A chart which is described in the "U.S. Bureau Of Mines Information Circular 6888", and on which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke.
RINGELMANN NUMBER: The number of the area on the Ringelmann chart that coincides most nearly with the light obscuring capacity of smoke.
ROADWAY: That portion of a street which is used or intended to be used for the travel of motor vehicles.
ROOMING HOUSE: See definition of Boarding House.
SCREENING: A structure erected or vegetation planted for concealing from viewers the area behind it.
SETBACK: The minimum horizontal distance between a lot line and the nearest wall in a building or side of a structure facing such lot line or edge of the area of operation of a principal use, when no building or structure is involved.
SIGN: See title 9, chapter 3 of this code.
SMOKE UNITS, NUMBER OF: The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; the various products are then added together to give the total number of smoke units observed during the total period under observation. Steam or water vapor is not considered smoke.
SOUND LEVEL METER: An instrument standardized by the American Standards Association for measurement of the intensity of sound.
STABLE, PRIVATE: An accessory building or structure which is located on a lot on which a dwelling is located and which is designed, arranged, used or intended to be used for housing horses or ponies as allowed on the site.
STACKING REQUIREMENTS: For the purposes herein, stacking requirements are the number of cars that must be accommodated in a stacking space while awaiting ingress or egress to a specified business or service establishment.
STORAGE TENT: A temporary structure, enclosure or shelter constructed of fabric or pliable material supported by any manner except by air or the contents that it protects.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story and a cellar shall not be counted as a story.
STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall not more than three feet (3') above the top floor level, and in which space does not exceed two-thirds (2/3) of the floor area immediately below it.
STREET: A public street, unless the text specifically says "private street".
STREET, PRIVATE: A permanent private right of way which affords a primary means of access to abutting property. A private street is not an easement.
STREET, PUBLIC: A permanent public right of way which affords a primary means of access to abutting property.
STRUCTURAL ALTERATION: Any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or exterior walls.
STRUCTURE: Anything constructed, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground. An advertising or business sign or other advertising device, if detached or projecting, shall be construed to be a separate structure.
TAVERN OR LOUNGE: A building where liquors are sold to be consumed on the premises but not including restaurants where the principal business is serving food.
TEMPORARY MEMBRANE STRUCTURE: An air inflated, air supported, cable, or frame covered structure or a temporary structure, enclosure or shelter constructed of fabric or pliable material and not otherwise defined as a tent, or canopy.
TEMPORARY STORAGE CANOPY: A temporary structure, enclosure, or shelter constructed of fabric or pliable materials supported by any manner, except by air or the contents it protects, and open, without sidewalls or drops on seventy five percent (75%) or more of the perimeter.
THOROUGHFARE: A principal arterial, minor arterial or major collector, as designated in the official general development plan of Winfield.
TOWER: A supporting structure for an antenna (including dish), windmill or similar device attached to a building or a detached structure or antenna affixed to the ground, used in the generation of electrical power or in the transmission, relaying or receiving of microwaves or radio or television communications or to support a windmill.
TOWNHOME: See definition of Dwelling, Townhome.
TOXIC MATERIAL: A substance, whether liquid, solid or gaseous, which, by reason of an inherent deleterious property, tends to destroy life or impair health.
TRACT: A parcel or an area of land. See definition of Parcel.
TRAILER: A structure standing on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects, or as a temporary office.
USE: The purpose of activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained.
USE, INCIDENTAL: See definition of Accessory Building Or Use.
USE, NONCONFORMING: Any building or structure and the use thereof or the use of land that does not conform with the regulations of this title or any amendment hereto governing use in the district in which it is located, but which conformed with all of the codes, ordinances and other legal requirements applicable at the time such building or structure was erected, enlarged or altered, and the use thereof or the use of land was established.
USE, PERMITTED: Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and, when applicable, performance standards of this title for the district in which such use is located.
USE, PRINCIPAL: The dominant use of land or buildings as distinguished from a subordinate or accessory use.
USE, SPECIAL: A use, either public or private, which because of its unique characteristics cannot be properly classified as a permitted use in any particular district or districts.
USE, TEMPORARY: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of a specified time period. Such uses include, but are not limited to, seasonal farm produce and Christmas tree sales, sidewalk sales, circuses, carnivals and other organized outdoor activities requiring tents or other temporary buildings or structures.
VARIANCE: Permission granted by the village board to depart from the terms of the zoning ordinance where such departure will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship.
VETERINARY CLINIC: A facility rendering surgical and medical treatment to small animals and having overnight accommodations for purposes of recovery. Small animals shall be deemed to be ordinary household pets, excluding horses, donkeys or other such animals not normally housed or cared for entirely within the confines of a residence. Crematory facilities shall not be allowed in a veterinary clinic.
VILLAGE BOARD: The Board of Trustees of the Village of Winfield, Illinois.
WAREHOUSE/DISTRIBUTION: A use engaged in the storage of goods/materials awaiting shipment to a retail or wholesale user, or to another warehouse.
WETLAND(S): Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes and bogs.
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, structure or use, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this title.
YARD, CORNER SIDE: A yard extending along a side lot line which adjoins any street, between the front and rear yards, to a width specified in the yard requirements for the zoning district.
YARD, FRONT: A yard extending along the full width of the established front lot line between side lot lines to a depth specified in the yard requirements for the zoning district.
YARD, INTERIOR SIDE: A yard extending along a side lot line, between the front and rear yards, to a width specified in the yard requirements for the zoning district.
YARD, REAR: A yard extending along the full width of the rear lot line between the side lot lines to a depth specified in the yard requirements for the zoning district.
ZONING ADMINISTRATOR: Wherever the term "Zoning Administrator" is used, it shall mean the Building Commissioner, who shall hold both titles.
ZONING DISTRICTS: The districts into which the Village has been divided as set forth on the zoning district map 5 for the purposes of zoning regulations and requirements.
ZONING MAP 3 : The map incorporated herein as a part hereof, designating zoning districts. (Ord. 99-12-16, 12-16-1999; amd. Ord. 2005-6-24, 6-16-2005; Ord. 2006-11-54, 11-16-2006; Ord. 2008-3-11, 3-20-2008; Ord. 2010-04-07, 4-1-2010; Ord. 2010-06-22, 6-17-2010; Ord. 2011-02-04, 2-17-2011; Ord. 2011-11-17, 11-17-2011; Ord. 2015-11-34, 11-19-2015; Ord. 2018-02-01, 2-1-2018; Ord. 2019-11-26, 11-21-2019)
Notes
| 1 | 1. See section 2-2-6 of this code. |
| 2 | 2. 765 ILCS 605/1 et seq. |
| 3 | 1. See title 2, chapter 2 of this code and section 10-11-1-3 of this title. |
| 4 | 1. See also title 2, chapter 3 of this Code. |
| 5 | 2. See section 10-3-2 of this title. |
| 3 | 3. See section 10-3-2 of this title. |