Village of Coal City, IL General Provisions

[Amended 9-12-1994 by Ord. No. 94-26; 7-23-2001 by Ord. No. 01-09; 5-12-2003 by Ord. No. 03-20; 5-12-2003 by Ord. No. 03-22; 4-25-2005 by Ord. No. 05-03; 1-23-2006 by Ord. No. 06-02]

Rules of interpretation. The following definitions and all other provisions of this chapter are subject to the following rules of interpretation:

(1)

The present tense includes the past tense and the future tense, and the future tense includes the present tense.

(2)

The singular number includes the plural number and the plural number includes the singular number.

(3)

The word "shall" is mandatory.

(4)

The masculine gender includes the feminine and neuter.

(5)

All measured quantities shall be to the nearest integral unit of measure, and if a fraction is 1/2 or greater, the next highest integral unit shall be used.

(6)

Any term not herein defined shall be as defined elsewhere in this Code or Ordinances or, if not defined elsewhere in this Code, as defined in Webster's New World Dictionary of the American Language - Second College Edition.

Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

ACCESSORY BUILDING

See "building, accessory."

ACCESSORY STRUCTURE

See "structure, accessory."

ACCESSORY USE

See "use, accessory."

ADULT USE

Any commercial or recreational establishment which at all times excludes minors by virtue of age, including adult bookstores, adult motion-picture theaters, adult mini-motion-picture theaters, adult drive-in theaters, adult massage parlors, adult modeling studios, eating and drinking places with sexually oriented entertainment, and tattoo shops and body piercing establishments, which must be regulated in accordance within the Tattoo and Body Piercing Establishment Registration Act, 410 ILCS 54/1 et seq., and the Illinois Department of Public Health's associated administrative regulations codified at 77 III. Adm. Code 797, excluding those services traditionally provided within a permitted beauty salon to include microblading techniques and permanent ink application such as permanent ink application to the lips, scalp, eyelids, eyebrows, and mastectomy recovery applications. The aforementioned exclusion for permanent ink application does not apply to traditional body art tattooing services. "Adult use" does not include recreational cannabis businesses or medical cannabis dispensaries.

[Amended 9-25-2019 by Ord. No. 19-29; 12-11-2019 by Ord. No. 19-46; 12-14-2022 by Ord. No. 22-27]

AGRIBUSINESS COMMERCIAL USES

Include, but are not limited to, tractor and implement sales and service; farm building sales; storage and service of agriculturally oriented products; and related types of businesses as approved by the Planning Commission.

[Added 7-27-2016 by Ord. No. 16-16]

AGRICULTURE

The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, and storing the produce, but not including the commercial feeding of garbage or offal to swine or other animals; provided that the operation of accessory uses shall be secondary to that of normal agricultural activities. Unless such uses are specifically enumerated, "agriculture" does not include recreational cannabis businesses or medical cannabis dispensaries.

[Amended 12-11-2019 by Ord. No. 19-46]

AIRPORT

Any public or private land area or other facility designed for the landing and take-off of aircraft, including all taxiways, hangars, airport buildings, and other related structures and open spaces.

ALLEY

A public or private right-of-way not constituting a street used primarily for secondary vehicular access to property abutting on a street.

ALTERATION, STRUCTURAL

See "structural alteration."

AMUSEMENT ESTABLISHMENTS, INDOOR

An establishment providing recreation activities in a completely enclosed building; accessory uses may include the preparation and service of food or the sale of equipment related to the activities.

[Added 7-27-2016 by Ord. No. 16-16]

ANIMAL HOSPITAL

A building or portion thereof designed or used for the care, observation, and medical treatment of animals commonly used as household pets, including overnight stays.

[Amended 7-27-2016 by Ord. No. 16-16]

ANTENNA HEIGHT

The height of an antenna measured from the ground level at the lowest grade level within three feet of any part of the antenna.

APARTMENT HOTEL

See "hotel, apartment."

ATTACHED

All exterior walls must be supported on a continuous concrete or masonry foundation with the dwelling, and have a connected roof; walls shall have a minimum of eight feet.

[Amended 7-27-2016 by Ord. No. 16-16]

AUTOMOBILE BODY SHOP

A business establishment where collision service such as body, frame, or fender straightening or repair, painting of more than 10% of the surface, or upholstering for motor vehicles, trailers, or boats is conducted wholly within one or more enclosed buildings.

AUTOMOBILE LAUNDRY

A permanent commercial facility where motor vehicles are washed by hand, by mechanical devices, or both, excluding temporary car washes organized for civic or charitable purposes.

AUTOMOBILE SERVICE STATION

A facility or premises primarily used for retail sale of fuels or oils for automobiles, trucks, or boats and which may include as a secondary activity retail sale of tires, batteries, and similar accessories and the making of repairs to vehicles or parts thereof that do not normally require storing such vehicles on the premises overnight. Automobile repair shops include transmission shops, muffler shops, brake shops, rust-proofing shops, auto glass shops, and the like.

AUTOMOBILE WRECKING YARD

See "wrecking yard."

AWNING

A roof-like cover projecting on a temporary or noncontinuous basis from the wall of the building.

BED-AND-BREAKFAST

A small lodging establishment that offers overnight accommodations and breakfast, but usually does not offer other meals. Generally, bed-and-breakfasts are private homes with fewer than 10 bedrooms available for commercial use.

[Added 7-27-2016 by Ord. No. 16-16]

BEDROOM

Any private room in a dwelling unit suitable for regular use for sleeping purposes. Bedrooms include rooms designated on development floor plans as dens, studies, or libraries but exclude living rooms, family rooms, dining rooms, kitchens, bathrooms, laundry rooms, and mud rooms. Any room designated as other than a bedroom but which in the judgment of the Village Board would normally be usable for sleeping purposes shall be considered a bedroom.

BLOCK

A tract of land, whether legally so described or subdivided, bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways, or corporate boundary lines.

BOARDINGHOUSE

See "rooming house."

BUILDING

Any structure permanently affixed to the land and constructed or used for the shelter, enclosure, or protection of persons, animals, or property.

BUILDING, ACCESSORY

A building that is an accessory use.

BUILDING, COMPLETELY ENCLOSED

A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls having only windows and normal entrance or exit doors, or by party walls.

BUILDING, DETACHED

A principal building surrounded by open space.

BUILDING FRONTAGE

The linear length of the front wall of a building, excluding walls that abut loading areas and service drives exclusively.

BUILDING HEIGHT

The vertical distance measured from the mean average ground level at the front building line of a principal or accessory building to the highest point of the underside of the ceiling beams in the case of a flat roof, to the deck line of a mansard roof, or to the mean level of the underside of rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks, and similar projections other than signs shall not be included in calculating building height.

BUILDING LINE

The line parallel or nearly parallel to a lot line that separates all parts of a building from the open space adjacent thereto on the same lot.

BUILDING, PRINCIPAL

A nonaccessory building in which is conducted the principal use of the lot on which it is located.

BUILDING, RESIDENTIAL

A building designed for residential occupancy.

BUILDING, TEMPORARY

A building that is established for a period of less than one year and is removed within that time period.

BUSINESS PARK

A special or exclusive type of planned business area designed and equipped to accommodate a community of manufacturing, showroom, warehousing, research, or similar industrial uses together with substantial office development related thereto.

CAFE

See "restaurant."

[Added 3-10-2021 by Ord. No. 21-07]

CANNABIS

As defined in Section 1-10 of the Cannabis Regulation and Tax Act.[1]

[Added 12-11-2019 by Ord. No. 19-46]

CANNABIS BUSINESS ESTABLISHMENT

A recreational cannabis business establishment, as defined herein, and a medical cannabis dispensary, as defined herein.

[Added 12-11-2019 by Ord. No. 19-46]

CANNABIS BUSINESS ESTABLISHMENT, RECREATIONAL

A "cannabis business establishment," "infuser organization" or "infuser," as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended from time to time,[2] and such other cannabis business establishments authorized under that Act. "Cannabis business establishment, recreational" shall alternately be referred to in this chapter as "recreational cannabis business establishment," which terms shall be interchangeable and have the same meaning.

[Added 12-11-2019 by Ord. No. 19-46]

CANNABIS CRAFT GROWER

A "craft grower," as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.[3]

[Added 12-11-2019 by Ord. No. 19-46]

CANNABIS CULTIVATION CENTER

A "cultivation center," as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended,[4] or as defined in Section 1-10 of the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/10, as amended.

[Added 12-11-2019 by Ord. No. 19-46]

CANNABIS DISPENSARY, MEDICAL

A facility operated by a registered "medical cannabis dispensing organization," or "dispensing organization," or "dispensary organization," as defined in Section 1-10 of the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/10, as amended, that has not obtained an early approval adult use dispensing organization license. "Cannabis dispensary, medical" shall alternately be referred to in this chapter as "medical cannabis dispensary," which terms shall be interchangeable and have the same meaning.

[Added 12-11-2019 by Ord. No. 19-46]

CANNABIS DISPENSARY, RECREATIONAL

A facility operated by a "dispensing organization," as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended,[5] or a ''registered medical cannabis organization," as defined in the Compassionate Use of Medical Cannabis Pilot Program Act or its successor Act[6] that has obtained an early approval adult use dispensing organization license. "Cannabis dispensary, recreational" shall alternately be referred to in this chapter as "recreational cannabis dispensary," which terms shall be interchangeable and have the same meaning.

[Added 12-11-2019 by Ord. No. 19-46]

CANNABIS INFUSER

An "infuser organization" or "infuser," as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.[7]

[Added 12-11-2019 by Ord. No. 19-46]

CANNABIS ON-PREMISES CONSUMPTION ESTABLISHMENT

A cannabis business establishment or medical cannabis dispensary or other entity that is authorized or permitted to allow the on-premises consumption of cannabis.

[Added 12-11-2019 by Ord. No. 19-46]

CANNABIS PROCESSOR

A "processing organization" or "processor," as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.[8]

[Added 12-11-2019 by Ord. No. 19-46]

CANNABIS REGULATION AND TAX ACT

410 ILCS 705/1 et seq., as amended.

[Added 12-11-2019 by Ord. No. 19-46]

CANNABIS TRANSPORTER

A "transporting organization" or "transporter," as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.[9]

[Added 12-11-2019 by Ord. No. 19-46]

CANOPY

A roof-like structure that projects permanently and continuously from the exterior wall of a building or from a freestanding support.

CARGO CONTAINER

An enclosed, reusable vessel (with doors for loading and unloading), designed without and axle or wheels, which was originally 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 or moved by trains, trucks, ships and other modes of transportation.

[Amended 3-10-2021 by Ord. No. 21-07]

CARPORT

A permanent, roofed structure, open on at least two sides, designed or used for the storage and shelter of motor vehicles. See also "portable garage."

[Amended 3-10-2021 by Ord. No. 21-07]

CAR WASH

See "automobile laundry."

CLINIC

A place for the care, diagnosis, and treatment of persons needing medical, dental, or surgical attention but where in-patient care is not provided. "Clinic" does not include recreational cannabis businesses or medical cannabis dispensaries.

[Amended 12-11-2019 by Ord. No. 19-46]

CLUB, HEALTH

Any establishment providing physical culture or health services, including fitness clubs, racquetball or tennis clubs, reducing salons, tanning salons, or massage salons. "Club, health" does not include recreational cannabis businesses or medical cannabis dispensaries.

[Amended 7-27-2016 by Ord. No. 16-16; 12-11-2019 by Ord. No. 19-46]

CLUB OR LODGE, PRIVATE

A nonprofit association of persons who are bona fide members paying dues which owns or leases premises the use of which is restricted to members and their guests.

COMMERCIAL VEHICLE

See "vehicle, commercial."

COMMON OPEN SPACE

See "open space, common."

COMPREHENSIVE PLAN

The officially adopted plan for the physical development, conservation, and redevelopment of the Village.

CONDITIONAL PUBLIC USE

See "use, conditional public."

CONDITIONAL USE

See "use, conditional."

CONDITIONAL USE PERMIT

See "permit, conditional use."

CONSTRUCTION BUILDING OR TRAILER

A temporary building or trailer for construction purposes for a period of construction and not to be maintained as living quarters.

[Added 7-27-2016 by Ord. No. 16-16]

CORNER LOT

See "lot, corner."

CORNER SIDE LOT LINE

See "lot line, corner side."

CORNER SIDE YARD

See "yard, corner side."

COURT

Any open space other than a yard bounded on two or more sides by the walls of one or more buildings.

COURT, INNER

A court bounded on more than three sides by the walls of one or more buildings.

COURT, OUTER

A court that is not an inner court.

CREMATORIUM

A mortuary where corpses are cremated.

[Amended 7-27-2016 by Ord. No. 16-16]

CURB LEVEL

The height of the established street curb abutting a street line measured at the midpoint of such line. Where no curb has been established, the curb level shall be considered to be the established level of the surface of the street abutting the street line measured along the street center line opposite the midpoint of the street line. On lots abutting more than one street line, the average of the measurements at the midpoints of all street lines shall determine the curb level.[10]

CURRENT PLAT OF SURVEY

See "plat of survey, current."

DAY-CARE CENTER, CHILD

A facility that receives more than eight children during any twenty-four-hour period for daytime care and that provides personal care, protection, supervision, training, and other programs. Child day-care centers exclude:

(1)

Kindergartens and other programs run by public or private schools or churches;

(2)

Centers conducted on federal, state, or local government premises;

(3)

Facilities operated in connection with a shopping center or other facilities where children are cared for while their parents or custodians are in the vicinity and readily available; and

(4)

Special activities conducted periodically by civic, charitable, and government organizations.

DECIBEL

A unit of measurement of the intensity or loudness of sound.

DENSITY

The number of dwelling units per acre of land.

(1)

GROSS DENSITYThe number of units per acre of the total land to be developed.

(2)

NET DENSITYThe number of units per acre of land devoted to residential use.[11]

DOG KENNEL

See "kennel."

DOG POUND

See "pound."

[Added 7-27-2016 by Ord. No. 16-16]

DOG RUN, ENCLOSED

An outdoor area enclosed on all sides by a fence for the exclusive purpose of continuous or occasional confinement of one or more animals commonly kept as household pets.

DOUBLE-FRONTAGE LOT

See "lot, double-frontage."

DRIP LINE

The perimeter formed by the points furthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.

DRIVE-IN ESTABLISHMENT

An establishment at which patrons may be served without leaving their motor vehicle. Any restaurant, bank, dry-cleaning establishment, or other business having drive-up or curb service facilities shall be considered a drive-in establishment.

DRIVE-IN RESTAURANT

See "restaurant, drive-in."

DRY CLEANER STORE

A retail store which receives materials such as clothes or window drapes from clients to be processed off-site and returned for a fee; chemical solvents other than water shall not be utilized within the location.

[Added 7-27-2016 by Ord. No. 16-16]

DWELLING

Any building or portion thereof used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that is occupied for living purposes, such as a building or portion thereof designed or used as a residence, but excluding boarding- or lodging houses, nursing homes, motels, hotels, tourist homes, cabins, tents, and recreational vehicles.

[Amended 12-13-2017 by Ord. No. 17-38]

DWELLING, EFFICIENCY

See "efficiency unit."

DWELLING, MULTIFAMILY

A building consisting of three or more dwelling units.

DWELLING, SINGLE-FAMILY

A residential building consisting of a single dwelling unit.

DWELLING SINGLE-FAMILY ATTACHED

A single-family dwelling horizontally attached to one or more other single-family dwellings by one or more common vertical walls.

[Amended 12-13-2017 by Ord. No. 17-38]

DWELLING, SINGLE-FAMILY DETACHED

A single-family dwelling separated from other dwelling units by open space.

DWELLING, TOWNHOUSE

Please refer for this definition to the Residential Design Guidelines as required within § 155-66.

[Amended 12-13-2017 by Ord. No. 17-38]

DWELLING, TWO-FAMILY

A building consisting of two dwelling units.

DWELLING UNIT

One or more rooms in a residential structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

[Amended 12-13-2017 by Ord. No. 17-38]

EASEMENT

A right possessed by one party to use the land or air above the land belonging to another party for a special purpose or purposes.

EDUCATIONAL INSTITUTION

See "institution, educational."

EFFICIENCY UNIT

A dwelling unit consisting of just one principal room together with bathroom, kitchen, hallways, closets, or a dining alcove, and which does not include a bedroom, as defined in this section.[12]

ERECT

To build, construct, locate, hang, attach, manually place, suspend, or affix, including the initial painting of all signs.

FAMILY

One or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.

[Amended 7-27-2016 by Ord. No. 16-16]

FENCE HEIGHT

The height of a fence, hedge, or wall measured from the ground level at the lowest grade level within three feet of either side thereof.

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 70% open spaces and 30% or less solid materials.

FENCE, ORNAMENTAL

An open fence, other than a chain-link fence, that is erected for decorative purposes only and is not intended to be used, either by itself or together with wire or other material, as an enclosure, barrier, or means of protection or confinement.

FENCE, SOLID

A fence that is not an open fence.

FINANCIAL INSTITUTION

Includes banks, savings and loan associations, commercial and real estate loan offices, finance companies and credit unions.[13]

[Added 7-27-2016 by Ord. No. 16-16]

FLOOD FRINGE

That portion of a floodplain that excludes the floodway.

FLOODPLAIN

The land consisting of the floodway and the flood fringe that is subject to inundation by a one-hundred-year flood.

FLOODWAY

That portion of the floodplain, including the channel, that is reasonably required to discharge the bulk of the waters from a one-hundred-year flood.

FLOOR AREA

The sum of the gross horizontal area of space contained on all floors measured in square feet from the exterior faces of the exterior walls of each building, or from the center line of party walls separating two buildings. "Floor area" includes space in accessory buildings; all cellar, basement, and attic space; and space for stairs, elevators, maintenance areas, and equipment areas except as provided in the definitions herein of "floor area, gross" and "floor area, net." For structures devoted to bulk storage of materials, every 10 feet of building height shall be considered as one floor for purposes of calculating floor area.

FLOOR AREA, GROSS

A measure of floor area, as defined in this section, used for purposes of calculating floor area ratio, conversions of existing structures, and maximum size of business establishments. "Gross floor area" is floor area excluding only:

(1)

Areas devoted to off-street parking or off-street loading, including aisles, ramps, and maneuvering space;

(2)

Attic or half-story space having headroom of seven feet or less;

(3)

Exterior balconies and open porches;

(4)

Space on the roof used for mechanical equipment;

(5)

Basements where half or more of the ceiling height is below grade.

FLOOR AREA, NET

A measure of floor area, as defined in this section, used for purposes of calculating off-street parking and off-street loading requirements. "Net floor area" is floor area excluding only:

(1)

Areas devoted to off-street parking or off-street loading, including aisles, ramps, and maneuvering space;

(2)

Areas devoted primarily to storage and not located within selling or working spaces, except for facilities such as warehouses where the principal use is storage;

(3)

Basement or cellar areas not devoted to retailing activities, offices, or production or processing of goods;

(4)

Elevator shafts and stairwells;

(5)

Maintenance shafts and rooms;

(6)

Washrooms;

(7)

Display windows;

(8)

Fitting rooms.

For ease in administration, "net floor area" may also be calculated as 85% of gross floor area.

FLOOR AREA RATIO

The total floor area, as defined in this section, of all buildings on a lot divided by the area of the lot.

FREIGHT TERMINAL

A facility in which two means of transportation meet to interchange freight or a processing node for freight. Most freight terminals are located at ports. They may include airports, seaports, railroad terminals, and trucking terminals. Freight is usually loaded onto and off the transport. As most of the terminals are located at ports, one can see many large cargo boxes around the area.

[Added 7-27-2016 by Ord. No. 16-16]

FREQUENCY

The number of oscillations per second in a sound wave; a measure of the pitch of the resulting sound.

FRONTAGE

The length of any street line.

FRONTAGE, BUILDING

See "building frontage."

FRONT LOT LINE

See 'lot line, front."

See "yard, front."

See "wall, front."

See "mortuary."

Any premises where there are available to the public more than four coin-operated amusement devices, excluding vending machines that do not incorporate gaming or amusement features and excluding coin-operated devices.

GARAGE

A structure or part thereof used or designed to be used primarily for the enclosed parking or storage of motor vehicles, boats, or trailers, but excluding exhibition areas, showrooms, or other facilities for display of such vehicles in shows or exhibits or in connection with their being offered for sale, rent, or lease.

GARAGE, PUBLIC

Any building or premises, other than a wrecking yard, as defined in this section, where more than one motor vehicle is stored for compensation.

GARAGE, STORAGE

A building or premises used only for the housing of 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.

GRADE

The average level of the finished surface of the ground adjacent to the exterior walls of a building or directly beneath a sign, more than five feet from a street line. For structures closer than five feet to a street line, the grade is the sidewalk elevation at the center of the building. Where there is no sidewalk, the grade shall be established by the Village Engineer.

GROSS BUILDABLE AREA

The total acreage of the property minus the following:

(1)

Wetlands. Only those wetlands which fall under current regulations by the Army Corps of Engineers shall be considered in this calculation.

(2)

Floodways. All of the floodway shown on the official FEMA maps or as approved by the Army Corps of Engineers. Where a defined floodway is not known, an area 75 feet on both sides of a creek or river center line shall be used for this calculation until additional engineering studies detail the actual floodway.


A: 100-year floodplain
B: Floodway

(3)

Land within the right-of-way or easement of an existing roadway.

(4)

Land within an existing permanent easement prohibiting development (including electrical transmission lines and pipelines).

(5)

Land identified in the Comprehensive Plan for exclusive business use such as commercial or industrial areas.

GROSS DENSITY

For any particular property shall be calculated by dividing the number of dwelling units by the number of acres of gross buildable area for said property.

GROSS LEASABLE AREA (GLA)

The total floor area in a commercial building or shopping center that is designed for the occupancy and exclusive use of tenants, measured from outside wall faces and from the center line of joint partitions. GLA includes sales areas and integral stock areas but excludes public or common areas such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, lobbies, and open and enclosed mall areas.

GROUND-FLOOR AREA

The lot area covered by a building measured from the exterior face of exterior walls but excluding open porches, patios, or terraces, garages, or carports.

GROUP HOME

A home which usually houses chronic mental disorder or physically disabled individuals, with conditions that prevent them from living independently. A group home can refer to a family home in which children and youth of the foster care system live or an assisted-living facility, for persons who are not protected under the Americans with Disabilities Act. A group home does not refer to a halfway house for recovering addicts or convicted criminals.

[Amended 7-27-2016 by Ord. No. 16-16]

HALF STORY

See "story, half."

HEALTH CLUB

An establishment, usually a commercial establishment, having members who pay a fee to use its health and fitness facilities and equipment.

[Added 7-27-2016 by Ord. No. 16-16]

HEAVY INDUSTRIAL USE

See "industrial, heavy use."

[Added 7-27-2016 by Ord. No. 16-16]

HEDGE

Planted vegetation, including trees, shrubs, or other natural vegetation, that is planted in close proximity or clustered together and that has a surface area that obstructs the view.

HEIGHT, BUILDING

See "building height."

HEIGHT, FENCE

See "fence height."

HOME OCCUPATION

A gainful pursuit conducted by one or more members of a family within their place of residence and that is subject to the provisions herein concerning home occupations. See § 156-80, Home occupations, for more details.

[Amended 7-27-2016 by Ord. No. 16-16]

HOSPITAL

An establishment that provides accommodations, facilities, and services over a continuous period of 24 hours or more for observation, diagnosis, and care of two or more individuals not related by blood, marriage, or adoption to the operator, who are suffering from illness, injury, deformity, or abnormality, or from any condition requiring obstetrical, medical, or surgical services.

HOTEL

A building containing lodging rooms, a general kitchen and dining room, a common entrance lobby, halls and stairways; and where each lodging room does not have a doorway opening directly to the outdoors except for emergencies; and where more than 50% of the lodging rooms are for rent to transient guests for a continuous period of less than 30 days.

HOTEL, APARTMENT

An establishment having the character of a hotel but in which at least 50% of the accommodations are for occupancy by guests staying 30 consecutive days or more.

INDOOR AMUSEMENT ESTABLISHMENTS

See "amusement establishments, indoor."[14]

[Added 7-27-2016 by Ord. No. 16-16]

INDUSTRY, HEAVY USES

Those industrial uses characterized by production of products which are either heavy in weight or in the processes leading to their production. Projects include the construction of large buildings, chemical plants and also the production of construction equipment such as cranes and bulldozers. Alternatively, heavy industry projects can be generalized as more capital-intensive or as requiring greater or more advanced resources, facilities or management. The term "heavy" refers to the fact that the items produced by heavy industry used to be products such as iron, coal, oil, ships, etc. Today, the reference also refers to industries that cause disruption to the environment in the form of pollution, deforestation, etc. Unless such uses are specifically enumerated, "industry, heavy uses" does not include recreational cannabis businesses or medical cannabis dispensaries.

[Added 7-27-2016 by Ord. No. 16-16; amended 12-11-2019 by Ord. No. 19-46]

INDUSTRY, LIGHT USES

Those industrial uses characterized as lower in intensity, cleaner, and generally more compatible when located adjacent to commercial areas than are heavy manufacturing uses. This restrictive use is intended to permit only those light industrial and other uses that will not generate excessive noise, particulate matter, vibration, smoke, dust, gas, fumes, odors, radiation and other nuisance characteristics. Properties with this use shall be capable of operation in such a manner as to control the external effects of the manufacturing process, such as odors, vibrations, emissions, or other nuisance characteristics through prevention or mitigation devices and conduct of operations within the confines of buildings. Unless such uses are specifically enumerated, "industry, light uses" does not include recreational cannabis businesses or medical cannabis dispensaries.

[Added 7-27-2016 by Ord. No. 16-16; amended 12-11-2019 by Ord. No. 19-46]

INSTITUTION, EDUCATIONAL

A public, commercial or private school, college, university, seminary, museum, library, or similar educational or cultural establishment.

[Amended 7-27-2016 by Ord. No. 16-16]

INSTITUTION, PHILANTHROPIC AND CHARITABLE

An office or meeting hall used exclusively by a nonprofit public service organization.

INSTITUTION, RECREATIONAL

A public or private facility for group recreational or social activity, including private clubs, lodges, recreation buildings, and community centers.

INSTITUTION, RELIGIOUS

A church, synagogue, temple, convent, seminary, monastery, or other premises devoted to religious or church-connected activities.

[Amended 7-27-2016 by Ord. No. 16-16]

INTERIOR LOT

See "lot, interior."

JUNKYARD

An open area where waste or used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including scrap iron and other metals, paper, rags, rubber tires, and bottles. Uses carried on entirely within enclosed buildings and establishments engaged only in the processing of scrap metal to be sold for the manufacture of steel are not considered junkyards.

KENNEL

Any lot or premises, business or dwelling used for the sale, breeding, training, boarding, or keeping of dogs, cats or household pets. "Kennel" shall also mean the keeping, as pets or otherwise, totaling no more than four dogs or cats over the age of four months. As used herein, "breeding" shall include, but not be limited to, having two or more litters of any one species of animal during a one-year period (excludes agricultural zoned areas).

[Amended 7-27-2016 by Ord. No. 16-16]

KIOSK

A single freestanding small booth open on some or all sides, offering goods and services, with not more than 50 square feet of floor area, on the same lot as all or a portion of a shopping center, and used for any permitted or conditional use in its district.

[Amended 7-27-2016 by Ord. No. 16-16]

LAUNDRIES

Does not include dry cleaning.

[Added 7-27-2016 by Ord. No. 16-16]

LAUNDROMAT

A commercial establishment where clothes can be washed and dried, using coin-operated machines.

[Added 7-27-2016 by Ord. No. 16-16]

LIGHT INDUSTRIAL USES

See "industrial, light uses."

[Added 9-27-2010 by Ord. No. 10-34; amended 7-27-2016 by Ord. No. 16-16]

LINE, STREET

The dividing line between a lot, tract, or parcel of land and the right-of-way of a contiguous existing or dedicated street or planned street included in the major street plan of the Village.

LOADING SPACE, OFF-STREET

A completely off-street space or berth located on the same lot, except as otherwise permitted herein, for the loading or unloading of freight carriers, having adequate ingress to and egress from a public street or alley.

LODGING ROOM

A room rented as sleeping or living quarters, but without cooking facilities and with or without an individual bathroom. In the case of a suite of rooms, each room shall be counted as one lodging room.

LOT

A parcel of land under the same ownership or control (whether legally so described or subdivided as one or more contiguous parcels or parts of parcels) located within a single block, occupied by or suitable for occupancy by one principal building, and having its principal frontage upon a dedicated public street.

LOT AREA

The area of a lot within its front, rear, and side lot lines.

LOT, CORNER

A lot located at the intersection of two or more streets, or a lot located at the point where the alignment of a single street curves or changes; provided that an interior angle of not more than 135 feet is created by the right-of-way lines of the abutting street or streets or, in the case of a curving right-of-way, by straight lines projected tangent to the curve from the points of intersection between the curve and the lot lines.

LOT DEPTH

The mean average of the lengths of the side lot lines on either side of a lot.

LOT, DOUBLE-FRONTAGE

A through lot abutting only two streets.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE

A property boundary line of any lot, except that where any portion of a lot extends into an abutting street or alley the lot line shall be deemed to be established at the existing street or alley right-of-way line.

LOT LINE, CORNER SIDE

Any street line that is not a front lot line.

LOT LINE, FRONT

(1)

The only street line bordering a lot;

(2)

Otherwise, if the lot is a through lot, every street line; or

(3)

Otherwise, if the lot is a corner lot:

(a)

The shortest street line;

(b)

Otherwise, if more than one street line is the shortest:

[1]

The lot line designated as the front lot line on a plat of dedication or plat of subdivision.

[2]

Otherwise, the lot line designated as the front lot line by the Village Board.

LOT LINE, INTERIOR SIDE

Any side lot line that is not a corner side lot line.

LOT LINE, REAR

That lot line which is most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE

Any lot line that is not a front or rear lot line.

LOT OF RECORD

A lot that is part of a subdivision, the plat of which was recorded in the office of the County Recorder of Deeds, or a parcel of land the deed to which was recorded in the office of the Recorder, prior to the adoption of this chapter.

LOT, REVERSED CORNER

A corner lot that is a reversed frontage lot.

LOT, REVERSED FRONTAGE

A lot with a front lot line at right angles or approximately right angles to the general pattern of front lot lines in the block.

LOT, THROUGH

An interior lot with frontage on more than one street.

LOT WIDTH

The width of a lot at the setback line established by the applicable front yard requirements of this chapter.

MARQUEE

See "canopy."

MEDICAL CANNABIS DISPENSARY

See "cannabis dispensary, medical."

[Added 12-11-2019 by Ord. No. 19-46]

MENTAL HEALTH CENTER

Any institution providing in-patient or out-patient care or therapy for the mentally ill, developmentally disabled, alcoholics, abusers of controlled substances, or others needing psychological therapy but which does not serve as a residence for such individuals.

MINI-WAREHOUSE

A building or group of buildings consisting of individual, small, self-contained units that are leased or owned for the storage of household goods, business and contractors supplies, where no unit exceeds 600 square feet in floor area.[15]

[Added 7-27-2016 by Ord. No. 16-16]

MOBILE HOME

A detached single-family dwelling unit designed and used exclusively for residential occupancy with plumbing and electrical connections for attachment to outside systems but designed to be transported after fabrication on its own wheels or on flatbed trailers and to be ready for occupancy at its site except for minor and incidental unpacking, assembly, and connection operations.

MOBILE HOME PARK

Any lot or tract of land, other than a mobile home subdivision or mobile home sales or storage lot, upon which three or more mobile homes, trailers or recreational vehicles used for habitation are located.

[Amended 7-27-2016 by Ord. No. 16-16]

MOBILE HOME SUBDIVISION

A subdivision designed and intended for residential use exclusively by mobile homes on permanent foundations with wheels, tongue, lug bolts, and hitch permanently removed and wherein each lot occupied by a mobile home is owned by the owner of the mobile home situated thereupon.

MORTUARY

An undertaking establishment or funeral parlor which may include a single residence as an accessory use.

MOTEL

A building containing lodging rooms, each of which has an individual adjoining bathroom that is designed primarily for transient automobile travelers with a parking space on the lot for each lodging unit and where more than 50% of the lodging rooms are for rent for a continuous period of less than 30 days.

MOTOR FREIGHT TERMINAL

A building or premises the principal use of which is the receipt of freight for forwarding or trans-shipment or the dispatching of freight by motor vehicle.

MOTOR VEHICLE

Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.; does not include vehicles as defined in "vehicle, commercial."

[Amended 7-27-2016 by Ord. No. 16-16]

MULTIFAMILY DWELLING

See "dwelling, multifamily."

NET DENSITY

For any particular property shall be calculated by dividing the number of dwelling units by the number of acres of residential lots for said property.

NET FLOOR AREA

See "floor area, net."

NET LOT AREA

See "lot area."

NONCONFORMITY

Any characteristic of a use, building, structure, or lot that was lawful prior to the effective date of this chapter or of any amendment thereto but which does not conform to all of the requirements of the zoning district in which the property is situated. Nonconformities include activity nonconformities, design nonconformities and standards nonconformities as set forth in § 156-291 of this chapter.[16]

[Amended 7-27-2016 by Ord. No. 16-16]

NURSING HOME

An establishment providing full-time convalescent or chronic care or both for three or more individuals not related by blood, adoption, or marriage to the operator and which does not provide care for surgical or medical cases commonly treated in hospitals.

OBSTRUCTION

Any building, structure, or object, or part thereof, located in the way of any yard or open space required by this chapter, excluding trees and shrubs.

OCTAVE BAND

All the frequencies between a 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 material in air that can be detected by the normal human nose as determined by the American Society for Testing and Materials Method D1 391-57, Standard Method for Measurement of Odor in Atmospheres (Dilution Method), or its equivalent.

OFF-STREET LOADING SPACE

See "loading space, off-street."

OFF-STREET PARKING SPACE

See "parking space, off-street."

OPEN FENCE

See "fence, open."

OPEN SALES LOT

Open land that is used or occupied for the purpose of buying and selling merchandise, passenger cars, trucks, motor scooters, motorcycles, boats, nursery plants or supplies, or monuments, or for the storing of same prior to sale thereupon, and that is provided with a permanent, durable, and dustless surface and is drained to dispose of all surface water.

OPEN SPACE

Uncovered area open to the sky on the same lot with a building.

OPEN SPACE, COMMON

Net site area in a planned unit development that is not covered by buildings or pavement that is permanently set aside for the common use and enjoyment of the residents or businesses within a development or for the community at large and the preservation and perpetual maintenance of which is assured by dedication to the Village or other satisfactory legal arrangement. Common open space may include parks, playgrounds, and tot lots; parkway medians; landscaped green space; natural lakes, ponds, and streams; and 75% of dry and 50% of wet stormwater retention or detention basins. Common open space shall not include street rights-of-way or off-street parking or loading areas.

ORNAMENTAL FENCE

See "fence, ornamental."[17]

PARKING SPACE DEPTH

The longer of the two dimensions of a rectangular parking space. In the case of a space that is not rectangular, the depth shall be the length of the largest imaginary rectangle that can fit within the space.

PARKING SPACE, OFF-STREET

An area outside of any public street or alley right-of-way that is adequate for parking an automobile with room for opening doors on both sides together with maneuvering room and properly related access to a public street or alley.

PARTICULATE MATTER

Material, other than steam or water vapor, suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.

PARTY WALL

A wall starting from the foundation and extending continuously through all stories to or above the roof that separates one building from another and that is in joint use by each building.

PERFORMANCE STANDARD

A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, glare, heat, or other effects generated by or inherent in uses of land or buildings.

PERMIT, CONDITIONAL USE

A permit required for the use of land, water, or building as a conditional use received only after approval by the Village Board of an application for a conditional use.[18]

PERMITTED PUBLIC USE

See "use, permitted public."

PERMITTED USE

See "use, permitted."

PHILANTHROPIC AND CHARITABLE INSTITUTION

See "institution, philanthropic and charitable."

PLANNED UNIT DEVELOPMENT

A tract of land of two acres or more initially under the same ownership or control that is or shall be developed with more than two principal use buildings as an integral unit based on a plan that allows for more flexible standards than would normally apply in order to provide a higher quality of design and amenity than would otherwise be possible.

[Amended 7-27-2016 by Ord. No. 16-16]

PLAT OF SURVEY, CURRENT

A plat prepared by a licensed surveyor containing the legal description of the premises thereon and showing all of the following as all of the following exist as of the date of filing:

(1)

The boundary lines of the property;

(2)

The locations of all improvements and monuments thereupon;

(3)

All encroachments;

(4)

The boundaries of all existing streets, easements, rights-of-way, and areas dedicated to public use within 200 feet of the property.

POOL or SWIMMING POOL

Any vessel used for swimming or wading which is two feet in depth or more.

PORTABLE GARAGE

This structure is designed to be temporary in nature and does not have a foundation. Such structures are typically covered in fabric, vinyl, plastic or other similar materials and must be kept in serviceable fashion; any covering must be immediately replaced with the same original material should it become tattered or torn.

[Added 3-10-2021 by Ord. No. 21-07]

PORTABLE ON-DEMAND STORAGE UNITS

Any temporary, transportable, movable container, which is delivered to and placed outdoors on private property for temporary storage purposes. Portable on-demand storage units do not include:

[Added 3-10-2021 by Ord. No. 21-07]

(1)

A debris dumpster.

(2)

A temporary construction trailer.

POUND

A facility that houses and disposes of homeless, lost, unlicensed or abandoned animals; mostly dogs and cats. Such shelters were more commonly referred to as a "dog pound." In agricultural communities, stray cattle are penned up or impounded until claimed by their owners.

[Added 7-27-2016 by Ord. No. 16-16]

PREMISES

Any improved or unimproved property.

PRINCIPAL BUILDING

See "building, principal."

PRINCIPAL USE

See "use, principal."

PROJECTING SIGN

A device that provides information that hangs or is mounted over the public right-of-way.

[Amended 7-27-2016 by Ord. No. 16-16]

RADIATION HAZARDS

The harmful effects of all radiations capable of producing ions in their passage through matter, including electromagnetic radiations such as z-rays and gamma rays and particulate radiations such as electrons or beta particles, protons, neutrons, and alpha particles.

REAR LOT LINE

See "lot line, rear."

REAR YARD

See "yard, rear."

RECREATIONAL CANNABIS BUSINESS ESTABLISHMENT

See "cannabis business establishment, recreational."

[Added 12-11-2019 by Ord. No. 19-46]

RECREATIONAL CANNABIS DISPENSARY

See "cannabis dispensary, recreational."

[Added 12-11-2019 by Ord. No. 19-46]

RECREATIONAL INSTITUTION

See "institution, recreational."

RECREATIONAL VEHICLE

A vehicular type unit primarily designed as temporary living quarters in conjunction with recreation, camping, or travel use which either has its own motive power or is mounted on or drawn by another vehicle, including travel trailers, truck campers, boats on or off trailer, motor homes, or any other vehicle with state R.V., R.T., or T.A. license plates.

REFUSE

All waste products resulting from human activity except sewage.

RELIGIOUS INSTITUTION

See "institution, religious."[19]

RESEARCH LABORATORY

A building or buildings housing facilities for scientific research, investigation, testing, or experimentation but not primarily housing facilities for the manufacture, sale, or storage of products.

RESIDENTIAL BUILDING

See "building, residential."

RESTAURANT

An eating establishment whose primary purpose is the preparation and sale of food and beverages in a ready-to-consume state on the premises.

[Added 3-10-2021 by Ord. No. 21-07]

RESTAURANT, DRIVE-IN

A restaurant that is designed to permit customers to remain in their motor vehicle while being accommodated.

[Amended 7-27-2016 by Ord. No. 16-16]

REST HOME

See "nursing home."

REVERSED CORNER LOT

See "lot, reversed corner."

REVERSED-FRONTAGE LOT

See "lot, reversed-frontage."

RIGHT-OF-WAY

A right-of-way dedicated to or owned by a public body and available for use by the general public. In the case of public streets, the right-of-way normally includes the curbs, lawn strips, and lighting and drainage facilities.

RINGELMANN CHART

A chart described in the U.S. Bureau of Mines Circular 6888 or its successor upon which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke or its equivalent.

RINGELMANN NUMBER

The number of the area of the Ringelmann Chart that coincides most nearly with the light-obscuring capacity of the emission or smoke observed.

ROOMING HOUSE

A building or part thereof that is not a hotel or motel and that provides lodging rooms for compensation to three or more persons who are not members of the keeper's family.

SALEYARD

An area with pens for holding animals before auction.

[Added 7-27-2016 by Ord. No. 16-16]

SCHOOL

See "institution, educational."

[Added 7-27-2016 by Ord. No. 16-16]

SCREENING

A structure erected or vegetation planted to wholly or partially conceal the area behind it.

SETBACK

See "yard."

SETBACK, FRONT

See "yard, front."

SHED

An accessory structure built for shelter or storage with a floor square footage greater than 25 square feet and a height greater than six feet.

SHOPPING CENTER

A group of three or more retail or service commercial uses characterized by any one or more of the following:

(1)

Uses are designed as a single commercial group, whether or not located on the same lot.

(2)

Contiguous uses occupy premises that are under common ownership or management.

(3)

Uses are connected by party walls, partitions, canopies, or other structural members to form one continuous structure.

(4)

Uses are located in separate buildings but are interconnected by walkways or accessways designed to facilitate customer interchange between the uses.

(5)

Uses share a common parking area.

(6)

Uses otherwise present the appearance of a single continuous commercial development.

SIDE LOT LINE

See "lot line, side."

SIDE YARD

See "yard, corner side" and "yard, interior side."

[Amended 7-27-2016 by Ord. No. 16-16]

SINGLE-FAMILY ATTACHED DWELLING

See "dwelling, single-family attached."

SINGLE-FAMILY DETACHED DWELLING

See "dwelling, single-family detached."

SINGLE-FAMILY DWELLING

See "dwelling, single-family."

SITE AREA, NET

The acreage of land excluding the rights-of-way of streets within and bordering a development.

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 multiplied by the time in minutes during which the emission is observed, and the various products are summed to give the total number of smoke units during the period of observation.

SOCIAL SERVICE AGENCY OR CAMP

Any or various professional activities or methods concerned with providing social services (such as investigatory and treatment services or material aid) to disadvantaged, distressed, or vulnerable persons or groups. Social service providers may serve the needs of children and families, the poor or homeless, immigrants, veterans, the mentally ill, the handicapped, victims of rape or domestic violence, and persons dependent on alcohol or drugs.

[Added 7-27-2016 by Ord. No. 16-16]

SOLID FENCE

See "fence, solid."

SOUND-LEVEL METER

An instrument standardized by the American Standards Association for measurement of the intensity of sound.

SPACE, NONVEHICULAR

That portion of the uncovered space on a site that is not normally used for the circulation or parking of motor vehicles and that has been improved for aesthetic appeal and to serve as pedestrian and recreational areas.

SPACE, RECREATION

That portion of the nonvehicular space on a site that is suitable for common recreational use by virtue of its being at least 5,000 square feet in area (except where total recreation space required is less), it having no dimension less than 50 feet, and it being improved with facilities for recreational pursuits.

SPACE, UNCOVERED

That portion of the total horizontal net site area that is not covered by buildings, including 1/2 of covered spaces that are no less than 50% open such as carports or park shelters.

STORAGE GARAGE

See "garage, storage."

STORAGE UNIT

[Added 7-27-2016 by Ord. No. 16-16]

STORY

That portion of a building included between the top surface of any floor and the top surface of the floor next above or, if there is no floor above, the ceiling next above.

STORY, HALF

A space under a sloping roof where the line of intersection of roof decking and wall is not more than three feet above the top floor level and in which space not more than 60% of the floor area is completed for principal or accessory use.

STREET

A public or private right-of-way, as defined in this section, that affords a primary means of motor vehicle access to abutting property or provides for the movement of traffic.

STREET LINE

See "line, street."

STRUCTURAL ALTERATION

Any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls, columns, beams, or girders, or any substantial change in the roof or exterior walls.

STRUCTURE

Anything erected the use of which requires more or less permanent location on the ground or attachment to something having such a location. An outdoor advertising sign or business sign or other advertising device, if detached or projecting, shall be considered a separate structure. "Structure" shall also include buildings, mobile homes, carports, portable garages, walls, and fences.

[Amended 3-10-2021 by Ord. No. 21-07]

STRUCTURE, ACCESSORY

A structure that is an accessory use.

STRUCTURE, TEMPORARY

A structure that is established for a period of less than one year and is removed within that period.

STUDIO APARTMENT

See "efficiency unit."

SUNDRIES

Various miscellaneous items.

[Added 7-27-2016 by Ord. No. 16-16]

TEMPORARY BUILDING

See "building, temporary."

TEMPORARY STRUCTURE

See "structure, temporary."

TEMPORARY USE

See "use, temporary."

THROUGH LOT

See "lot, through."

TOWNHOUSE

See "dwelling, townhouse."

TOXIC MATERIAL

Any liquid, solid, or gaseous substance which if discharged into the environment could, along with other substances likely to be present in the environment, cause or threaten to cause bodily injury, illness, or death to members of the general public through ingestion, inhalation, or absorption through any body surface. Substances that are corrosives, irritants, strong sensitizers, or radioactive substances shall be considered toxic material.

[Amended 7-27-2016 by Ord. No. 16-16]

TRAILER

Any portable structure or vehicle designed for highway travel and used on a short-term or interim basis for living, sleeping, or commercial purposes.

TRAILER, CONSTRUCTION

See "construction trailer."

[Added 7-27-2016 by Ord. No. 16-16]

TRAILER PARK

See "mobile home park."

[Amended 7-27-2016 by Ord. No. 16-16]

TWO-FAMILY DWELLING

See "dwelling, two-family."

UNCOVERED SPACE

See "space, uncovered."

UNIT

See "dwelling unit."

UNIT GROUPING

A single detached building consisting of multiple dwelling units.

USE

The purpose or activity for which land or structures thereon are designed, arranged, or intended or for which they are occupied or maintained.

USE, ACCESSORY

A subordinate land use located on the same lot or parcel as a principal use (except for such off-street parking or off-street loading facilities as may be permitted to be located on a separate lot) and serving a purpose customarily incidental to that of the principal use.

USE, CONDITIONAL

A special use as provided by state statute that because of its special character cannot be allowable generally in a particular zoning district but which may be allowed under special conditions and which is therefore subject to the prior approval of a conditional use permit.

USE, CONDITIONAL PUBLIC

The use of property other than as permitted public uses, as defined in this section, by a public utility, railroad, or governmental body for the provision of public utilities or services, including sewerage, water supply, electricity, gas, public safety, government administration, transportation, and communications. Conditional public uses shall include power plants or substations; water or sewage treatment plants, reservoirs, or pumping stations; railroad and utility buildings; police and fire stations, municipal buildings and local government offices; and public transportation facilities, including shelters, garages, terminals, parking and turnaround areas, and service buildings.

USE, PERMITTED

A use allowable generally within a zoning district without a conditional use permit.

USE, PERMITTED PUBLIC

Poles, towers, tunnels, conduits, wires, cables, vaults, laterals, pipes, drains, mains, valves, hydrants, and similar distribution equipment for public services or utilities; fire alarms and police call boxes; traffic signals; and pay telephones.

[Amended 7-27-2016 by Ord. No. 16-16]

USE, PRINCIPAL

The main use of a parcel as distinct from an accessory use.

USE, TEMPORARY

A principal or accessory use that is established for a period of less than one year and is discontinued within that time period. These uses, provided within § 156-55, shall not include portable on-demand storage units.

[Amended 3-10-2021 by Ord. No. 21-07]

VARIANCE

A modification of the provisions of this chapter in accordance with the provisions herein concerning variances in cases where strict enforcement would cause undue hardship as a result of special circumstances affecting an individual property that do not generally affect other properties in the same zoning district.[20]

VEHICLE, COMMERCIAL

A motorized vehicle other than a passenger car, passenger van, light truck, or a recreational vehicle used by a household for noncommercial, personal or family transportation, for recreation, or for van pooling or ride-sharing use. A commercial vehicle includes buses, buses used as recreational vehicles, tractors, semi-trailers, motorized farm vehicles, and earth-moving equipment. This shall also include any commercial trucks or vans with plates, which exceed the allowable legal limits of Class D plate as provided within the Illinois Vehicle Code.

[Amended 9-26-2011 by Ord. No. 11-30]

VETERINARIAN OFFICES

A building or portion thereof designed or used for the care, observation, and medical treatment of animals commonly used as household pets without overnight stays.

[Added 7-27-2016 by Ord. No. 16-16]

VISION CLEARANCE TRIANGLE

A triangular area located at the at-grade intersection of streets, railroads, driveways, or any combination thereof, formed by the right-of-way lines (or the edge of the driveway or aisle in the case of a driveway) between their intersection and points 30 feet from their intersection along each line (or 10 feet in the case of a driveway), and by a straight line connecting these two points.

WALL, FRONT

The wall of a building nearest the front lot line that is parallel to or most nearly parallel to such line.

WHOLESALING

The sale and distribution of goods to users other than end consumers. Wholesaling often occurs when large quantities of merchandise are reassembled, sorted, then repackaged and distributed in smaller lots.

[Added 7-27-2016 by Ord. No. 16-16]

WILDLIFE SANCTUARY

An area specially designed where it is illegal to interfere in any way with the natural life therein. Hunting, shooting and fishing are prohibited.

[Added 7-27-2016 by Ord. No. 16-16]

WRECKING YARD

Any premises where there are stored in the open two or more motor vehicles, including automobiles, trucks, and construction and farm implements, or trailers, boats, or mobile homes, which are not in usable condition and have not been restored to usable condition within 30 days of their arrival, or where parts thereof are stored in the open.

YARD

An open space on a lot other than a court that is required to remain unoccupied and unobstructed above ground by any structure or part or projection thereof from its lowest level to the sky, except as otherwise permitted in this chapter. Yard requirements are as measured horizontally, irrespective of the slope of the land.

YARD, CORNER SIDE

A yard extending between a corner side lot line and a line drawn parallel thereto at a distance therefrom equal to that established by the corner side yard requirements of this chapter and also extending the full depth of the lot but excluding any area included in a front yard.

YARD, FRONT

A yard extending the full width of a lot between the front lot line, as defined in this section, and a line drawn parallel thereto at a distance therefrom equal to that established by the front yard requirements of this chapter.

YARD, INTERIOR SIDE

A yard extending between an interior side lot line and a line drawn parallel thereto at a distance therefrom equal to that established by the interior side yard requirements of this chapter and also extending the full depth of the lot but excluding any area included in a front or rear yard.

YARD, REAR

A yard extending the full width of a lot between the rear lot line and a line drawn parallel thereto at a distance therefrom equal to that established by the rear yard requirements of this chapter but excluding any area included in a corner side yard.

[1]

Editor's Note: See 410 ILCS 705/1-10.

[2]

Editor's Note: See 410 ILCS 705/1-10.

[3]

Editor's Note: See 410 ILCS 705/1-10.

[4]

Editor's Note: See 410 ILCS 705/1-10.

[5]

Editor's Note: See 410 ILCS 705/1-10.

[6]

Editor's Note: See 410 ILCS 130/1 et seq.

[7]

Editor's Note: See 410 ILCS 705/1-10.

[8]

Editor's Note: See 410 ILCS 705/1-10.

[9]

Editor's Note: See 410 ILCS 705/1-10.

[10]

Editor's Note: The definition of "curie," which immediately followed this definition, was repealed 7-27-2016 by Ord. No. 16-16.

[11]

Editor's Note: The definition of "display board," which immediately followed this definition, was repealed 7-27-2016 by Ord. No. 16-16.

[12]

Editor's Note: The definition of "embellishment," which immediately followed this definition, was repealed 7-27-2016 by Ord. No. 16-16.

[13]

Editor’s Note: The definition of “fireproof container,” which immediately followed this definition, was repealed 12-13-2017 by Ord. No. 17-38.

[14]

Editor's Note: The definition of "industrial park," which immediately followed, was repealed 7-27-2016 by Ord. No. 16-16.

[15]

Editor's Note: The definition of "minor variance," which immediately followed, was repealed 7-27-2016 by Ord. No. 16-16.

[16]

Editor's Note: The definitions of "nonconformity, activities," "nonconformity, design" and "nonconformity, standards," which immediately followed this definition, were repealed 7-27-2016 by Ord. No. 16-16.

[17]

Editor's Note: The definition of "parapet," which immediately followed this definition, was repealed 7-27-2016 by Ord. No. 16-16.

[18]

Editor's Note: The duplicative definition of "permitted public use," which immediately followed this definition, was repealed 7-27-2016 by Ord. No. 16-16.

[19]

Editor's Note: The definition of "rem," which immediately followed this definition, was repealed 7-27-2016 by Ord. No. 16-16.

[20]

Editor's Note: The definition of "variance, minor," which followed this definition, was repealed 7-27-2016 by Ord. No. 16-16.