For the purpose of this title, certain terms and words are defined as follows:
A.
1. Accessory Building. "Accessory building" means a detached building, the use of which falls under the definition of accessory use as defined in this section.
2. Accessory Structure. "Accessory structure" means an attached or detached structure, the use of which falls under the definition of accessory use as defined in this section.
3. Accessory Use. "Accessory use" means a use which: (1) is subordinate and customarily incidental to the principal use of a building or other structure, which principal use is allowed in the zoning district in which it is located; (2) is subordinate in purpose, area and extent to the principal use of the building or other structure served; (3) is under the same ownership or control as the principal building or other structure served; (4) contributes to the comfort, convenience or necessity of the occupants of the principal building or other structure served; and (5) is located on the same lot as the principal building or other structure served.
3.1. Accessory Dwelling Unit. See "Dwelling Unit, Accessory," below.
3.5. Acknowledgment. "Acknowledgment" means a declaration by a person that the person has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.
4. Alley. "Alley" means a public thoroughfare not over twenty (20) feet wide which usually affords only a secondary means of access to abutting property.
4.1 Amusement Arcade. "Amusement Arcade" means any permanent establishment that has more than one (1) coin-operated amusement device, as defined in Section 5.12.010 of the Winnetka Village Code.
5. Arbor. "Arbor" means a shady garden shelter or bower, often made of rustic work or latticework on which vines, roses, or the like are grown.
6. Area, Building. See "Building Area," below.
7. Alteration, Structural. See "Structural Alteration," below.
8. Articulated Wall. “Articulated wall” means a building wall that meets the articulation requirements applicable to buildings in the zoning district in which the building is located.
9. Articulation. “Articulation” means a difference in the plane of a side building wall so that the building wall has two or more planes, offset or separated from each other by at least the minimum distance applicable to buildings in the zoning district in which the building is located.
9.1 Artisan and Maker Space. "Artisan and maker space" means a workspace or shop where communal or individual space is used for hobbyists, artisans and makers; such spaces may include, wood and metal working tools, digital media, laser cutters, 3-D printers, electronics, robotics, etc. The use may also include gallery and exhibition space with a retail component.
9.2 Arts, Dancing Music, and Other Artistic Activities. "Arts, dancing music, and other activities" means an establishment where the visual arts, dancing, music or other artistic and cultural activities are practiced or studied. Such a facility may have performance space associated with use. This use does not include tattooing and body art.
10. Attic. "Attic" means an upper floor that: (a) is in a single-family residential building; (b) is located between the eave and ridge lines of a sloping roof; (c) has an upper floor height of 7 feet or more; and (d) has a floor area that is no more than 1/3 of the floor area below the entire upper floor in which the attic is located.
(MC-221-99 04/20/99)
11. Automobile Service Station. "Automobile service station" means a building or other structure used primarily for the sale or offering for sale at retail of automobile fuels or oils. The sale or offering for sale at retail of automobile fuels and oils may include incidental automobile repair and washing activities when conducted as an accessory use.
12. Average lot width. "Average lot width” means the quotient resulting from the division of the lot area in square feet by the lot depth in feet.
B.
1. Base Line, Front. See "Front Base Line," below.
2. Basement. "Basement" means a portion of a building that is located wholly or partly below the adjoining ground level.
3. Basketball Standard. "Basketball standard" means a temporary or permanent structure, other than a building, used for the purpose of mounting a basketball hoop, with or without a backboard.
4. Block Face. "Block face" means the lots on one side of a street lying (1) between two intersecting streets; or (2) between one intersecting street and the centerline extended of the nearest street connecting with but not intersecting such street; or (3) between the centerline extended of the nearest streets connecting with but not intersecting such street.
5. Board. "Board" means the Zoning Board of Appeals. See "Zoning Board of Appeals," below.
5.1 Brew Pub. "Brew pub" means a full-service restaurant where beer is brewed or manufactured on the premises, with the primary distribution being in the adjoining full-service restaurant. The use may also include the sale of beer brewed or manufactured on premises in specialty containers holding no more than one U.S. gallon (128 U.S. fluid ounces), commonly referred to as growlers.
6. Buildable Area. "Buildable area" means that portion of a zoning lot remaining after required yards and setbacks have been provided and within which principal and accessory buildings may, subject to all applicable requirements, be located.
7. Building. "Building" means any structure, having a permanent roof supported by columns or walls, built for the support, shelter or enclosure of persons, animals or chattels and which is affixed to the land.
8. Building, Accessory. See "Accessory Building," above.
9. Building Area. "Building area" means the maximum horizontal projected area occupied by a building and its accessory buildings; provided that, the following shall be excluded in computing the building area occupied: (i) open patios, steps and terraces that are located below the first floor level and are not permanently roofed over; (ii) temporary awnings and temporary canopies with temporary supports, whether or not they are located above open terraces or patios; and (iii) detached structures without a permanent roof, except for carports.
10. Building, Commercial. See "Commercial Building," below.
11. Building Height. See, "Height, Building," below.
12. Building Line. "Building line" means the boundary of any side of a building or projection from such building at its outermost vertical plane, excluding only such parts of the building as are located in and permitted as obstructions in one or more required yards under Chapter 17.30.130.
13. Building, Post-FAR. See "Post-FAR Building," below.
14. Building, Pre-FAR. See "Pre-FAR Building," below.
15. Business. "Business" or "commerce" means:
a. engaging in the purchase, sale or exchange of goods, wares, merchandise or services;
b. maintaining or operating recreational or amusement enterprises; or
c. the maintenance or operation of offices related to such uses.
16. Business or Commercial School. "Business or commercial school" means a school for the teaching of driving, industrial, clerical, managerial, or design skills, and do not offer a complete educational curriculum, but may offer certification in their particular field. Such uses may also be referred to as a vocational education facility.
C.
1. Cannabis. "Cannabis" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means concentrate and cannabis-infused products.
2. Cannabis Business Establishment. "Cannabis business establishment" means a cannabis cultivation center, craft grower, infusing organization, processing organization, dispensing organization, transporting organization, or any other form or type of business classified as a "Cannabis Business Establishment" in the Illinois Cannabis Regulation and Tax Act of 2019 (P.A. 101-0027), as the same may be amended from time to time.
3. Carport. "Carport" means an open-sided roofed shelter for motor vehicles, boats or trailers, usually formed by extension of the roof from the side of a building.
4. Co-Working Space. "Co-working space" means office space (i) used in a hoteling model, (ii) used by individuals who are telecommuters, freelancers, self-employed or small businesses, and generally not employed by the same organization, (iii) used by individuals who subscribe to a membership to use such space, (iv) and is equipped with workspaces and facilities which allow for interaction and collaboration in groups or as a community. Co-working spaces may host classes or network events which are open either to the public or to current and prospective members.
5. Coach House. "Coach House" means an accessory structure that contains no more than two accessory dwelling units, as defined in this section.
6. Commercial. "Commercial means relating to a business, see "Business."
7. Commercial Building. "Commercial building" means a building used in whole or in part for commercial purposes.
8. Commercial Half-Story. See "Half-story, Commercial," below.
9. "Common ownership" means direct or indirect legal or beneficial ownership of more than one lot or parcel of land by the same person or persons. For this purpose, ownership by the spouse of a person shall be considered the same as ownership by the person himself or herself.
10. "Corner lot" means a lot situated at the junction of two or more streets.
11. "Corner lot line" means the longest street line of a corner lot.
12. "Corner yard" means a yard extending along the full length of a corner lot line and back to a line drawn parallel to the corner lot line, at a distance equal to the distance between the corner lot line and the nearest point of the building including, where applicable, the average front setback, but excluding any area included within a front yard.
13. Court, Outer. See "Outer Court," below.
14. "Courtyard" means an area of open, unoccupied space, three sides of which are formed by buildings located on the same zoning lot and the entire fourth side of which abuts and is open and accessible to a public street.
D.
1. Designed Permeable Surface. “Designed permeable surface” means any pavement system designed to allow water to pass through voids in the paving material or between pavers to a designed subsurface stormwater storage layer and underdrain system. Designed permeable surfaces include, without limitation, pervious asphalt, permeable pavers, porous concrete systems, and open-cell paving blocks.
2. Drive-in Establishment. "Drive-in establishment" means a place of business or portion of business, except a drive-in restaurant, offering goods or services directly to the customer sitting in or on a motor vehicle, whether parked on or moving through the premises, and whether as a principal or accessory use.
3. Drive-in Restaurant. See, "Restaurant, Drive-in," below.
4. Dwelling. "Dwelling" means a building, or portion of a building, but not including a house trailer or mobile home, hotel or motel, which is designed or used exclusively for residential occupancy.
5. Dwelling, Multiple Family or Multi-family. "Multiple family dwelling" or "multi-family dwelling" means a residential building that:
a. is surrounded by open space or yards on a single lot;
b. is not attached to any other building; and
c. contains three or more dwelling units.
6. Dwelling, Single-Family Detached. "Single-family detached dwelling" means a residential building that:
a. is surrounded by open space or yards on a single lot;
b. is not attached to any other dwelling and
c. contains one dwelling unit that is designed for and occupied by not more than one family.
7. Dwelling, Two-Family. "Two-family dwelling" means a residential building that:
a. is surrounded by open space or yards on a single lot;
b. is not attached to any other building; and
c. contains two dwelling units, each of which is totally separated from the other either by an unpierced wall that extends from ground to roof, or by an unpierced ceiling and floor that extends from exterior wall to exterior wall; except that the two dwelling units may share a common stairwell and/or building entrance, provided that such stairwell and building entrance are exterior to both dwelling units.
8. Dwelling Unit. "Dwelling unit" means a room or group of connected rooms that:
a. are designed or used for occupancy by one family;
b. are physically separated from any other dwelling unit in the same building; and
c. contain independent and permanent cooking, sanitary and sleeping facilities.
9. Dwelling Unit, Accessory. "Dwelling Unit, Accessory" means a dwelling unit that is an accessory use and that is located in an accessory building on a zoning lot in one of the single family residential zoning districts. An "Accessory Dwelling Unit" may be located in a Coach House, as defined in this chapter, or it may be located in combination with a non-residential accessory use in a single accessory building.
E.
1. Educational Therapy and Counseling Services. "Educational therapy and counseling services" means an establishment that offers individuals with learning disabilities and other learning challenges a wide range of intensive, individualized interventions designed to remediate learning disabilities and challenges.
1.2 Educational services. "Educational services" means a commercial establishment that provides instruction, study, or tutoring services on educational topics such as math, science, technology, the language arts or similar fields, or which provides educational assessment, test preparation or similar services.
1.3 Essential Public Service. "Essential public service" means police, fire, water, electric and emergency services provided by the Village.
2. Essential Public Use. "Essential public use" means the use of any real property, building or other structure owned and operated by the Village for the purpose of providing an essential public service or for the purpose of providing communications for or between any development of the Village.
F.
1. Family. "Family" means an individual, or two or more individuals related by blood, marriage or adoption, provided such individual or individuals are one of the following:
a. the nominal head of the household;
b. the spouse of the nominal head of the household;
c. the children or adopted children of the nominal head of the household or of the spouse of the nominal head of the household; or
d. three other additional persons related by blood, marriage or adoption to any of the persons enumerated in paragraphs a, b or c of this definition.
2. Flag Lot. "Flag lot" means an irregularly shaped lot which consists of two sections: the primary mass of the lot (the "flag" portion), which is set back from the street frontage access and is behind one or more other lots; and a narrow access corridor (the "flagpole" portion), which is less than fifty (50) feet wide and extends for a distance of at least forty (40) feet from the primary mass of the lot toward the street, or which has a street frontage of less than fifty (50) feet and extends for a distance of at least forty (40) feet from the street toward the primary mass of the lot.
3. Floor Area, Gross ("GFA"). "Gross floor area" or "GFA" means the total square footage of all stories and floors of all buildings and enclosed structures on a zoning lot, measured from the exterior face of the outside walls, regardless of the material of which the outside walls are made, and without deduction for such interior features as hallways, stairs, closets, thickness of walls, columns, trusses, cross-ties, elevator shafts and chimneys, subject to the following:
a. "Gross floor area" shall not include the area of any part of an upper floor that has an upper floor height of less than seven feet.
b. "Gross floor area" shall include, without limitation:
(i) all areas of a building or structure that have exterior walls that extend more than three and one-half feet above the floor on two or more sides of such area;
(ii) the area of all screened or enclosed porches, regardless of whether the screens or enclosure are permanently affixed;
(iii) the area of any porch, whether open or enclosed, if it is on the first floor of a building and has a ceiling formed by the floor of a porch or any other portion of the building above it;
(iv) the area of each floor level below a roofed porch or other cantilevered structural feature located above the first floor level of a multi-story building or structure; and
(v) the area of each floor below a roof that is supported by columns and is located above the first floor level of a multi-story building or structure.
4. Floor Area, Interior. See "Interior Floor Area," below.
5. Floor Area Ratio ("FAR"). For all lots other than flag lots, "floor area ratio" or "FAR" means the quotient of the gross floor area divided by the lot area. For flag lots, the "flagpole" portion of the lot is not included in determining the "floor area ratio," and the "floor area ratio" for flag lots is the quotient of the gross floor area divided only by the area of the "flag" portion of the lot.
6. Floor, Upper. See "Upper Floor," below.
7. Front Base Line. "Front base line" means a line passing through the two termini of the front lot line. On through lots abutting Lake Michigan, the front base line shall be a line passing through the two termini of the front lot line opposite the ordinary high water mark, and the lot depth shall be no greater than the distance from the front base line of the lot to the ordinary high water mark of Lake Michigan.
8. Front Lot Line. "Front lot line" means the front street line. If the front street line is less than fifty (50) feet long and if the lot is at least seventy-five (75) feet wide at its widest point, then the front lot line shall be the lot line from which the front setback is measured, as determined by the Zoning Administrator. The shortest street line of a corner lot shall be the "front lot line." On through lots, both street lines shall be deemed "front lot lines," except where no setback requirement is applicable. For lots abutting Lake Michigan, the ordinary high water mark of the lake shall be deemed a "front lot line."
9. Front Yard. "Front yard" means a yard, other than a corner yard, extending along the full length of a front lot line, or other street line, and back to a line drawn parallel to that front lot line, or other street line, at a distance equal to the distance between the front lot line, or other street line, and the nearest point of the building.
10. Front Yard Lot Coverage. See "Lot Coverage, Front Yard," below.
G.
1. Garage, Private, "Private garage" or "carport" means a building or a portion of a building intended for or used for the housing of vehicles, boats or trailers, and with a capacity for housing not more than four motor vehicles.
2. Garage, Public. "Public garage" means a building used for the housing or care of more than four motor vehicles (excluding garages for municipal vehicles) or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale, not including exhibition or show rooms for cars or a building used primarily as an automobile body and fender shop, an auto laundry, an automotive machine ship, a welding shop, an automobile repainting shop or a shop engaged in the repair or testing of engines.
3. "Gross Floor Area ("GFA"). See "Floor Area, Gross," above.
H.
1. Half-story, Commercial. “Commercial half-story” means an upper floor of a building:
a. that is located in a commercial zoning district;
b. that has an upper floor height of 7 feet or more; and
c. that has a floor area that is more than one-third, but not more than one-half, of the floor area of the first story.
The formulas for the ratios to be used in calculating commercial half-stories are set forth in Illustration 17.04.030 – 1, which shall be included in the Appendix to the Winnetka Zoning Ordinance, and is made a part of the ordinance codified in this title
2. Half-story, Residential. “Residential half-story” means an upper floor of a building:
a. that is located in a residential zoning district;
b. that has a sloping roof;
c. that has an upper floor height of seven feet or more; and
d. that has a floor area that is more than one-third, but not more than one-half of the floor area of the upper floor in which it is located.
The formulas for the ratios to be used in calculating residential half-stories are set forth in Illustration 17.04.030 – 1, which shall be included in the Appendix to the Winnetka Zoning Ordinance, and is made a part of the ordinance codified in this title.
2.5 Health Club. "Health club" means a commercial establishment: (i) where physical activity for personal wellness is taught, practiced or studied, including, without limitation, racquet sports, swimming, yoga studios, exercise studios, and dance studios; and (ii) which measures 2,500 square feet or greater of gross floor area.
3. Height, Building. "Building height" means the vertical distance measured from the top of the finished first floor to the highest point of the building. For purposes of this definition, the following principles shall apply:
a. The height of a chimney or chimneys shall not be included in measuring the height of a building.
b. The height of dormers shall not be included in measuring the height of a building unless the ridge of the dormer is higher than the ridge of the building roof.
c. The height of a cupola, tower or other similar roof feature or appurtenance other than a chimney shall be included in measuring the height of a building.
4. Height, Court or Yard. "Height of a court or yard" means the vertical distance from the lowest level of such court or yard to the highest point of any building wall, forming a boundary of such court or yard.
5. Height, Structure. " Structure height" means the vertical distance measured from the lowest natural grade adjacent to the structure to the highest point of the structure.
6. Height, Upper Floor. "Upper floor height" means the vertical distance between (a) the actual upper floor level, or the maximum vertical distance above the first floor established pursuant to Section 17.30.080.D of this Code, whichever is lower; and (b) either the bottom of the roof rafters above the upper floor or a point no more than twelve (12) inches below the top of the roof rafters, whichever is higher, notwithstanding the presence of trusses, cross-ties or other interior building components. Notwithstanding the foregoing, the upper floor height shall not include the vertical distance under the roof of any dormer that is no more than six feet wide and is set at least three and one-half feet from the gable end walls, but only if the total width of all dormers does not exceed twenty-five (25) percent of the length of the roof on which they are located.
7. Home Occupation. "Home occupation" means an occupation or profession carried on, in or from a dwelling unit (but not an accessory building) by a member of the family residing in such dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for residential occupancy and does not change the character of such dwelling unit; provided, the following requirements are met by such home occupation: (1) no stock-in-trade or other commodity may be kept, displayed, sold or offered for sale upon the premises; (2) no person shall be employed on the premises other than a member of the immediate family residing on the premises; (3) no mechanical equipment shall be used in the operation of such home occupation except such that is normally used for domestic or household purposes (permitted equipment shall include microcomputers); and (4) there shall not be used any name plate or sign or any artificial lighting or any display that will indicate from the exterior that the premises are being utilized for any purpose other than residential.
I.
1. Impermeable Surface. "Impermeable surfaces" means any surface that does not allow water to drain, seep, filter or pass through into the ground below. Impermeable surfaces include, without limitation, buildings, other structures, driveways, sidewalks, walkways, patios, tennis courts, swimming pools, and other similar surfaces. For the purpose of calculating the area of impermeable surface on a zoning lot, 75 percent of the area of any designed permeable surface on the zoning lot shall be considered impermeable surface unless the owner of the zoning lot demonstrates, to the satisfaction of the Director of Public Works and Engineering, that a lesser percentage of the area of the designed permeable surface on the zoning lot should be considered impermeable surface.
2. Inner Court. "Inner court" means an open space unoccupied and unobstructed from its lowest point to the sky, except as otherwise permitted in Chapter 17.32, 17.36, 17.40 or 17.44, surrounded on all sides by walls or by walls and a lot line.
3. Intensity of Use of Lot. "Intensity of use of lot" means the ratio (in terms of percent) of that portion of the area of a lot which is occupied or which may be occupied under this title by buildings, accessory buildings, and other impermeable surfaces to the area of a lot.
4. Interior Floor Area. "Interior floor area" means the gross floor area of an apartment measured from the interior faces of the exterior walls of an apartment or of the portion of an accessory building used for living quarters, disregarding any floor area occupied by partition walls.
J. [Reserved.]
K.
1. Kennel. "Kennel" means any lot or premises on which four or more dogs at least twelve (12) months of age are kept, boarded or trained, whether or not in special buildings or runways.
L.
1. Lattice. "Lattice" means an open framework of strips of metal, wood, or the like interwoven to form regular, patterned spaces.
2. Length of Outer Court. "Length of outer court" means the mean horizontal distance between the open and closed ends of the court.
3. Lot; Zoning Lot. "Lot" or "zoning lot" means a lot of record, or a combination of contiguous lots of record under common ownership or control, used or to be used by the owner or occupant for a single principal building, except to the extent that this title expressly permits such lot or lots to be used for more than one principal building or principal use. As used in this title, "lot" or "zoning lot" shall not include any part of a platted lot that lies beyond the ordinary high water mark of Lake Michigan or with the boundaries of any other river, lake or stream that is under the ownership and control of the state of Illinois.
4. Lot Area. "Lot area" means the area of any lot within its exterior lot lines, not including any area lying within a street. As used in this title, "lot area" shall not include any part of a platted lot that lies beyond the ordinary high water mark of Lake Michigan or within the boundaries of any other river, lake or stream that is under the ownership and control of the state of Illinois. For flag lots, the access corridor ("flagpole") shall not be included in calculating the lot area.
5. Lot, Corner. See "Corner Lot," above.
6. Lot Coverage, Front Yard. "Front yard lot coverage" is the total area of the footprint of all structures located within the minimum front yard setback required by this Code, regardless of the size or material of the structure, and regardless of whether the material is included or excluded when measuring roofed lot coverage and impermeable surfaces. The following examples and standards shall apply when measuring front yard lot coverage:
a. Structures located in the minimum front yard setback shall include, but shall not be limited to:
(i) all impermeable surfaces;
(ii) all areas with roofed lot coverage; and
(iii) all driveways, parking slabs, turnarounds and walkways, whether made of a continuous paved surface, paver bricks, paving stones, gravel or crushed stone.
b. For walkways and driveways located in the minimum required front setback, the amount of front yard lot coverage shall be measured from the outer edge of the driveway or walkway as a whole, rather than from the outer edges of its individual components.
c. Front yard lot coverage shall not include the area occupied by such structures as flagpoles, lamp poles, basketball standards.
7. Lot Coverage, Roofed. “Roofed lot coverage” means the area of all parts of a lot that lie beneath the roof of any roofed structure, including any roofed portion of a structure, as measured from the outermost edges of the roof.
8. Lot Depth. “Lot depth” means the distance from the front base line of the lot to the farthest point of the lot from the front base line, measured along a line perpendicular to the front base line, or its extension. For flag lots, the access corridor (“flagpole”) shall not be included in measuring the lot depth.
9. Lot, Flag. See "Flag Lot," above.
10. Lot Lines. "Lot lines" means the lines bounding a lot as defined in this section.
11. Lot Line, Corner. See "Corner Lot Line," above.
12. Lot Line, Front. See "Front Lot Line," above.
13. Lot Line, Rear. See "Rear Lot Line," below.
14. Lot Line, Side. See "Side Lot Line," below.
15. Lot of Record. "Lot of record" means a lot which is part of a real estate subdivision, the plat of which has been recorded in the office of the recorder of deeds or registered in the office of the registrar of titles of Cook County, Illinois, pursuant to statute.
16. Lot, Through. See "Through Lot," below.
17. Lot, Zoning. See "Zoning Lot," below.
M.
1. "Maximum depth of lot". Repealed, 11/21/00.
2. Medical/Dental Clinic. "Medical/dental clinic" means a facility, used by physicians, dentists, chiropractors, physical therapists, psychologists, psychiatrists or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. "Medical Clinics" also include alternative medicine clinics, such as acupuncture offices.
N.
1. Nonessential Public Use. “Nonessential public use” means a use affected with the public interest, regardless of ownership, except that the term nonessential public use shall not include essential public uses.
2. Nonconformity. "Nonconformity" means an existing use, lot, building, other structure or portion, which fails to comply in some respect with the use, lot, or other regulations applicable to uses, lots, buildings or structures in the district in which such use, lot, building or structure is located.
O.
1. Ordinary High Water Mark. “Ordinary high water mark” means the line on the shore of Lake Michigan consistent with the U.S. Army Crops of Engineers’ administrative benchmark set at 581.5' per the International Great Lakes Datum (IGLD) of 1985 or such future administrative benchmarks set by the U.S. Army Corps of Engineers based upon updated IGLD.
3. Ownership, Common. See "Common Ownership," above.
P.
1. Parking Lot. "Parking lot" means an open lot or portion used for the standing, storing or parking of motor vehicles.
1.5 Personal Fitness Studio. "Personal Fitness Studio" means a commercial establishment: (i) where physical activity for personal wellness is taught, practiced or studied, including, without limitation, yoga studios, exercise studios, and dance studios; and (ii) which measures less than 2,500 square feet of gross floor area.
2. Planned Development. "Planned Development" means a tract of land (a) that consists of a single lot of record or a combination of contiguous lots of record, (b) that has a total lot area of 10,000 square feet or more, (c) that is located in a multi-family or commercial zoning district, and (d) that is or will be developed under a single ownership or control with one or more buildings.
3. Post-FAR Building. “Post-FAR building” means a single-family dwelling that was not lawfully in existence before February 7, 1989, or that was constructed since 1989.
4. Pre-FAR Building. “Pre-FAR building” means a single-family dwelling that was lawfully in existence before February 7, 1989.
5. Pre-School or Pre-Kindergarten. "Pre-school" or "pre-kindergarten" means a private school which provides an educational program for children who are at least two years old but are not yet school-age, as that term is defined in the rules and regulations adopted by the Illinois Department of Children and Family Services pursuant to the Child Care Act of 1969.
6. Principal Building. "Principal building" means a building in which the main or primary use of the land on which it is located is conducted.
7. Principal Use. "Principal use" means the main or primary use of land, building or other structure as distinguished from a subordinate, secondary or accessory use.
8. Private Garage. See "Garage, Private," above.
9. Private Street. See "Street, Private," below.
10. Public Garage. See "Garage, Public," above.
11. Public Service, Essential. See "Essential Public Service," above.
12. Public Street. See "Street, Public," below.
13. Public Use, Essential. See "Essential Public Use," above.
14 Public Use, Nonessential. See "Nonessential Public Use," above.
Q. [Reserved.]
R.
1. Rear Lot Line. "Rear lot line" means the lot line that is most distant from and that is, or is most nearly, parallel to the front lot line; provided that, there shall be no rear lot line on a through lot.
2. Rear Yard. "Rear yard" means a yard extending along the full length of the rear lot line between that line and a line drawn parallel to the rear lot line at a distance equal to the distance between the rear lot line and the nearest point of the building. For purposes of this title, there shall be no rear yard on any through lot.
3. Rehabilitation. "Rehabilitation" means the act or process of making possible the efficient contemporary use of a building through repair, alterations or additions, while preserving those portions or features that convey its historical or architectural values and while maintaining the character of the property, its neighborhood and environment.
4. Repair Shop. "Repair shop" means a shop for the adjustment, repair or reconditioning of personal property.
5. Residential Half-Story. See "Half-Story, Residential," above.
6. Restaurant. "Restaurant" means a place of business where the principal use is the sale at retail to the customer of food and beverages ready for consumption; provided that, a bakery or candy, confectionery, ice cream or nut shop shall not be considered a restaurant.
7. Restaurant, Drive-in. "Drive-in restaurant" means a restaurant where food is offered or served directly to the customer sitting in or on a motor vehicle, whether parked on or moving through the premises, and whether as a principal or accessory use.
8. Restaurant, fast food. "Restaurant, fast food" means a restaurant where: (i) menu items consist of pre-cooked or quickly prepared food items; (ii) food is ordered at a counter or kiosk and then predominately picked up at a counter; no or minimal table service is provided; and (iii) food is principally offered or served on or in disposable tableware or containers for immediate consumption on or away from the premises. A "fast food restaurant" includes a business which predominately provides home delivery or customer pick up services.
8.5 Restaurant, limited service/fast casual. "Restaurant, limited service/fast casual" means a restaurant where: (i) menu items are primarily made fresh to order and are prepared upon request; (ii) food is ordered at a counter or kiosk and then served at the patron's table in a dine in area; and (iii) food is offered or served on or in either non-disposable or disposable tableware for immediate consumption on the premises. Meals may be carried out of the restaurant; however, food is generally designed to be consumed with utensils, at a table, rather than designed for consumption within a vehicle or in transit. A limited service/fast casual restaurant may provide home delivery or customer pick up services incidental to the primary food service on the premises.
9. Restaurant, standard. "Restaurant, standard" means a restaurant where food is principally ordered and served at a patron's table, and is principally offered or served on or in nondisposable tableware for immediate consumption on the premises. The fact that a standard restaurant may incidentally prepare meals and similar menu items for off premises consumption in disposal containers shall not prevent it from being classified as a standard restaurant.
10. Roofed Lot Coverage. See, "Lot Coverage, Roofed," above.
S.
1. Setback. "Setback” means the minimum required horizontal distance between any lot line and a line drawn parallel to that lot line at a distance equal to the minimum required yard.
2. Service Station, Automobile. See "Automobile Service Station," above.
3. Side Lot Lines. The two lot lines that extend from the front line to the opposite end of the lot.
4. Side Yard. "Side yard" means a yard extending along a side lot line between that line and a line drawn parallel to the side lot line at a distance equal to the distance between the side lot line and the nearest point of the building, but excluding any area lying within a front setback or rear yard.
4.5. Signed and Acknowledged. "Signed and acknowledged" means the signature of a person that has been made before a notary public who has been duly commissioned by the State of Illinois pursuant to the Illinois Notary Public Act or by the state in which the person signing a document has signed it, and who has determined, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary public and making the acknowledgment is the person whose true signature is on the instrument.
5. Single-Family. "Single-family" means a family, plus full time domestic employees, statutory foster children, guests who are both gratuitous and nonpermanent, and one other person.
6. Story. "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it or, in the case of an upper floor, between the surface of the upper floor and the bottom of the roof deck, provided that the floor area of the upper floor exceeds the floor area for a half-story. For purposes of this definition, the following principles shall apply:
a. The floor of a story in a single family residential building may split levels, provided that there is not more than four feet difference in elevation between the different levels.
b. Any balcony, mezzanine, partial floor or open-beamed ceiling that does not extend horizontally to fill the perimeter of the building shall be deemed to be a full floor or ceiling at that level.
c. Any area of a building in which the distance from one floor to the floor or roof rafters above it is more than 14 feet, and which is uninterrupted by a balcony, mezzanine, partial floor or open-beamed ceiling, shall be deemed to consist of one story for each 14 feet of height or fraction thereof.
d. A basement that has an average height above grade of more than 4 feet, measured to the bottom of the beams of the floor above, shall be deemed to be a full story.
(MC-160-96) (8/6/96) (MC-221-99 04/20/99)
7. Street. "Street" means a public or private street.
8. Street Line. "Street line" means the outermost limits of a public or private street. The ordinary high water mark of Lake Michigan shall be deemed the outermost limits of that public street.
9. Street, Private. Private street" means the area lying within the described limits of a right-of-way or easement for vehicular traffic, created by virtue of a recorded or registered instrument for ingress and egress, which area the owners or occupants of three or more lots or parcels of land have the right to use.
10. Street, Public. "Public street" means the area lying within the described limits of a right-of-way or thoroughfare dedicated for vehicular traffic (excluding an alley), whether or not so used. For purposes of this Zoning Ordinance, Lake Michigan shall be considered a "public street."
11. Structural Alteration. "Structural alteration" means any change in a supporting member of a building, such as a wall, column, beam or girder.
12. Structure. "Structure" means anything constructed or erected which, or the use of which, requires permanent or temporary location on or in the ground, or attached to something having permanent or temporary location on the ground, including but not limited to, buildings, pavements, signs, backstops, tennis courts, swimming pools, trampolines, wireless telecommunication service facilities, and radio and television antennas (including supporting structures), and the like.
13. Structure, Accessory. See "Accessory Structure," above.
14. Structure Height. See, "Height, Structure," above.
T.
1. Tableland. "Tableland" means land where the change in elevation in any direction does not exceed one foot in ten (10) feet horizontal.
2. Temporary. "Temporary" means that which may be removed without harm to the property to which it is attached and which is actually removed for a portion of each year.
3. Terrace. "Terrace" means a natural earthen embankment between a building and its street front.
4. Through Lot. "Through lot" means a lot having two opposite lot lines along two more or less parallel streets, or along one street and the ordinary high water mark of Lake Michigan or some other body of water, and which is not a corner lot.
5. Trailer. "Trailer" means any vehicle on wheels, skids, rollers or blocks, either self-propelled or propelled by any other means, which is used or designed to be used primarily for residential, living, sleeping or commercial purposes or for the transportation of boats or other recreational equipment, or for other similar purposes.
6. Trellis. "Trellis" means a frame supporting open latticework, used for training vines and other creeping plants.
U.
1. Unarticulated Wall. "Unarticulated wall" means a building wall that runs along a straight plane or that otherwise does not meet the articulation requirements applicable to buildings in the zoning district in which the building is located.
2. Upper Floor. "Upper floor" means that portion of a building that is located directly below and adjacent to the roof. An "upper floor" may also be an attic, half-story or story, depending on its height and floor area.
3. Upper Floor Height. See, "Height, Upper Floor," above.
4. Use, Accessory. See "Accessory Use," above.
5. Use, Essential Public. See "Essential Public Use," above.
6. Use, Nonessential Public. See "Nonessential Public Use," above.
7. Use, Principal. See "Principal Use," above.
V.
1. Variation, Major. "Major variation" means a variation from the strict application of the requirements of this title for which the Village Council has reserved the final decision-making authority.
2. Variation, Minor. "Minor variation" means a variation from the strict application of the requirements of this title for which the Zoning Administrator has the final decision-making authority.
3. Variation, Standard. "Standard variation" means a variation from the strict application of the requirements of this title for which the Zoning Board of Appeals has the final decision-making authority.
W.
1. Wall, Articulated. See "Articulated Wall," above.
2. Width of Lot, Average. See "Average Lot Width," above.
X. [Reserved.]
Y.
1. Yard. "Yard" means a required open space, on the same lot with a building or other structure, unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in Chapter 17.32, 17.36, 17.40 or 17.44.
2. Yard, Corner. See "Corner Yard," above.
3. Yard, Front. See "Front Yard," above.
4. Yard Rear. See "Rear Yard," above.
5. Yard, Side. See "Side Yard," above.
Z.
1. Zoning Administrator. "Zoning Administrator" means the official who is responsible for administering the provisions of this title. The Zoning Administrator shall be the Director of Community Development or his designee.
2. Zoning Board of Appeals. "Zoning Board of Appeals," means the administrative board created by Chapter 3.44 of this Code. The Zoning Board of Appeals is sometimes referred to in this title as the "Board" or "ZBA."
(MC-01-2024 § 3, Amended, 02/06/2024; MC-9-2019, Amended, 10/15/2019; MC-01-2019, Amended, 04/04.2019, Subsections A, B, C, E, H, M, P, R amended; MC-7-2018, Amended, 10/16/2018, Subsection A amended; MC-1-2016, Amended, 02/02/2016; MC-1-2012, Amended, 3/20/2012; MC-3-2009, Amended, 4/28/2009, Subsection B amended; MC-8-2005, Amended, 12/20/2005, Subsection P amended; MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004, Definitions of articulation, articulated wall, unarticulated wall, lot coverage, gross floor area; MC-2-2004, Amended, 04/06/2004; MC-6-2002, Amended, 05/21/2002, Definitions of Structure Height, Pre-FAR building, Post-FAR building, Buildable area, Building line, Building height, Upper floor height, Inner court, Outer court, Yard amended; MC-6-2002, Amended, 05/21/2002, Definitions of Structure height, Pre-FAR Building, Post-FAR Building, Buildable area, Building line, Building height, Upper floor height, Inner Court, Outer court, and Yard; MC-10-2001, Amended, 11/20/2001, Defines nonessential public use; MC-8-2000, Amended, 11/21/2000, Definitions of average lot width, lot depth, corner yard, front base line (added), front lot line, front yard, lot area, maximum depth of lot (repealed), rear yard, setback, and side yard amended.; MC-5-2000, Amended, 10/03/2000, Definitions of attic, half story and story amended; MC-9-2010, Amended, 01/4/2011, Definitions of acknowledgment and signed and acknowledged added)