When used in this code, the following terms shall have the meanings
herein ascribed to them:
ABUT
To touch, to lie immediately next to, to share a common wall
or lot line, or to be separated by only a street, alley, or drainage
course.
ADJACENT
To lie near, close to, or in the vicinity.
ALLEY
A public right-of-way that affords only a secondary means
of vehicular access to abutting property.
ALTERATION
Any change in the size, shape, character, occupancy, or use
of a structure.
AMATEUR RADIO FACILITY
An antenna and antenna support structure having a combined
surface area greater than 10 square feet or having any single dimension
exceeding 12 feet that are capable of transmitting as well as receiving
signals and are licensed by the Federal Communications Commission
as an amateur radio facility.
ANTENNA
Any structure designed for transmitting signals to a receiving
station or for receiving television, radio, data, or other signals
from satellites or other sources, or both.
AREA, GROSS
The total land and water area included in a parcel that is
the subject of an application filed pursuant to this code, excluding
only property located in public rights-of-way or private easements
of access or egress at the time of application.
AREA, NET
The gross area of a parcel less land and water areas required
or proposed to be publicly dedicated, or land to be devoted to private
easements of access or egress. Both land and water areas not so publicly
dedicated or devoted shall be included in the calculation of net area.
AWNING
A roof-like covering, temporary in nature, that projects
from the wall of a building.
BANNOCKBURN FEE SCHEDULE
The ordinance or resolution adopted by the Board of Trustees
from time to time that sets forth fees, charges, and other reimbursable
costs and expenses associated with various services and activities
of the Village. To the extent that any fee, charge, or other amount
is set forth in both the Zoning Code and the Bannockburn Fee Schedule,
the amount set forth in the Bannockburn Fee Schedule shall control.
[Added 9-25-2017 by Ord.
No. 2017-27]
BASEMENT
A portion of a structure located partly underground and having
an average ceiling height above grade of more than two feet but less
than six feet.
BERM
A hill or contour of land that acts as a visual barrier between
a lot and adjacent properties, alleys, or streets.
BLOCK
A tract of land bounded by streets or by a combination of
streets, public lands, railroad rights-of-way, waterways, or boundary
lines of the Village.
BOARDING
The keeping, harboring, or otherwise maintaining on a lot
of any dog that is not:
[Added 11-12-2002 by Ord. No. 2002-29]
A.
Both:
(1)
Licensed with Lake County in the name of the owner of the lot
on which the dog is kept, harbored, or otherwise maintained; and
(2)
Licensed with the Village in the name of the owner of the lot
on which the dog is kept, harbored, or otherwise maintained; or
B.
Kept, harbored, or otherwise maintained in compliance with the licensing requirements of Chapter
141, Article
VIII, Dogs (as such ordinance may be amended from time to time).
BOARD OF TRUSTEES
The President and the Board of Trustees of the Village of
Bannockburn.
BUFFERING
Any means of protecting a parcel from the visual or auditory
effects of an adjacent use. Buffering may include, but is not limited
to, berming, fencing, landscaping, setbacks, or open spaces.
BUILDING
See "structure." "Building" shall in all cases be deemed
to refer to both buildings and structures.
BUILDING COMMISSIONER
The duly appointed member of the Board of Trustees charged
with, among other things, the administration and enforcement of this
code, subject to the superior right and power of the Board of Trustees
to supervise and administer the government and affairs of the Village.
When used in this code, the term "Building Commissioner" shall refer
either to such official or to his or her duly authorized delegates.
BUILDING COVERAGE
The percentage of a lot's area covered by any building or
structure. See also "lot coverage."
BUILDING DEPTH
The longest straight line that can be drawn through a structure
substantially parallel to the side or corner side lot lines of the
lot on which it is located.
BUILDING HEIGHT
See "maximum building height" and "measured building height."
BUILDING WIDTH
The longest straight line that can be drawn through a structure
parallel to the front lot line.
BUILDING, PRINCIPAL
A building in which is conducted the principal use or uses
of the lot on which said building is situated.
BULK AND SPACE REGULATIONS
The regulations of this code pertaining to the permissible
or required height, volume, area, floor area, floor area ratio, minimum
lot area and dimensions, building coverage, lot coverage, and usable
open space applicable to uses and structures. The term does not include
yard requirements.
BUSINESS HEADQUARTERS
A development consisting of general business offices of a
single business enterprise, including any of its divisions, affiliates,
or subsidiaries, plus any ancillary uses central to the operations
and functions of such business enterprise, including warehouse, sales,
and storage facilities. A business headquarters must have a substantial
office presence, including general management offices. In no event
shall a business headquarters include as a principal use public warehousing
or trucking.
CALIPER
The diameter of the trunk of a tree measured in inches at
a point six inches above the ground line. This point of measurement
is used for nursery stock.
CANOPY
A roof-like structure of a permanent nature that projects
from the wall of a building.
CANOPY TREE
Any of the tree species included in Appendix A to this code,
or such similar trees approved by the Building Commissioner.
CARRY-OUT ESTABLISHMENT OR RESTAURANT
An establishment which by design of physical facilities or
by service or packaging procedures permits or encourages the purchase
of prepared, ready-to-eat foods intended to be consumed off the premises,
and where the consumption of food in motor vehicles on the premises
is neither permitted nor encouraged.
CELLAR
A portion of a structure located partly or wholly underground
having an average ceiling height above grade of not more than two
feet.
CIRCULATION AISLE
The means of access to a parking or loading space for a motor
vehicle.
CIVIC USE OR PURPOSE
An undertaking in which the citizens of a community, by their
cooperative action and as their central goal, seek to promote the
general welfare and common good of the community; in other words,
a community movement to accomplish community goals.
COLLEGE
An institution of higher education that grants a bachelor's
or more advanced degree at the completion of a course of study.
CO-LOCATION
The use of a single support structure and/or site by more
than one provider of personal wireless services.
[Added 2-23-1998 by Ord. No. 98-07]
COMPLETELY ENCLOSED BUILDING
A building separated on all sides from the adjacent open
area, or from other buildings or structures, by a permanent roof and
by exterior walls or party walls, pierced only by windows or doors
normally provided for the accommodation of persons, goods or vehicles.
However, a parking structure that has less than 50% of its outer wall
space open but that does not allow any parked vehicle within said
structure to be seen from the exterior thereof shall be considered
a completely enclosed building.
CONGREGATE HOME
A group of not more than eight unrelated persons, living
as a single housekeeping unit in a dwelling unit and sharing common
facilities as considered reasonably appropriate for a family, consisting
of persons with qualifying disabilities or handicaps as defined in
the federal Fair Housing Act and Americans With Disabilities Act,
as amended from time to time, and congregate home employees or administrators
(if any), exclusive of any congregate home employees or administrators
who do not reside therein.
[Added 9-11-2017 by Ord.
No. 2017-25]
COVERED PORCH
A porch, as defined herein, that is covered by a roof, canopy,
or similar permanent structure.
[Added 11-12-2013 by Ord.
No. 2013-21]
CUL-DE-SAC
A street having one end open and one end permanently terminated
by a vehicular turnaround.
CURB LEVEL
The street curb height at the midpoint of a lot line. Where
no curb exists, the elevation of the crown of the street at the midpoint
of the lot line shall be deemed to be the curb level.
CUTOFF
A hood, shade, or other device on an exterior light fixture
for shielding or obscuring the diffusion of illumination from the
light source or sources of such fixture.
[Added 1-26-2004 by Ord. No. 2004-04]
CUTOFF, ANGLE OF
The angle between a vertical line from the center of a light
source of an exterior fixture extended to the ground and the first
line of sight at which the light source itself is not visible from
the closer (as measured horizontally from the center of the light
source) of either:
[Added 1-26-2004 by Ord. No. 2004-04]
A.
A point five feet above ground level; or
B.
A point on the plane extending vertically from the lot line
on the lot in question that is farthest from the light source.
DAY CARE
Daytime care or instruction of children away from their own
homes by a person other than a relative, whether or not for compensation
or reward.
DAY-CARE CENTER
A place providing day care for children and not operated
as a home occupation.
DAY-CARE HOME
A dwelling unit in which day care for children is being provided
as a home occupation.
DBH (DIAMETER BREAST HEIGHT)
The diameter of the trunk of a tree measured in inches at
a point 4.5 feet above the ground line. This point of measurement
is used for established and mature trees.
DECK
A structure attached to or closely adjacent to any dwelling
unit that is designed and intended for the support of persons; that
is made of wood or synthetic material; that has no permanent or temporary
cover or canopy; that is constructed on piers and without continuous
foundation or footings; and that has no part extending above the floor
level of the first story of such dwelling, excluding any cellar or
basement; provided, however, that protective, decorative, or ornamental
appurtenances such as hand railings, benches, and the like may extend
to a height of 42 inches above such floor level.
[Amended 11-12-2013 by Ord. No. 2013-21]
DEDICATION
The designation of land for a public use by the owner thereof.
DENSITY, GROSS
The number of persons, families, or dwelling units or the
amount of gross floor area in a building, on a lot, or in a development
divided by the gross area of the development.
DENSITY, NET
The number of persons, families, or dwelling units or the
amount of gross floor area in a building, on a lot, or in a development
divided by the net area of the development.
DETENTION
Temporary on-site storage of stormwater to be released at
a predetermined rate by means of facilities engineered for that purpose.
DEVELOPMENT
Any man-made change, other than maintenance of existing structures,
paved areas, or utilities, to improved or unimproved real estate,
including without limitation the construction or installation of new,
or enlargement of existing, structures, streets, or utilities; dredging,
filling, drilling, mining, grading, paving, or excavating operations;
and open storage of materials.
DIRECTIONAL OR PANEL ANTENNA
A personal wireless services antenna that receives and transmits
signals in a directional pattern typically encompassing an arc of
120°.
[Added 2-23-1998 by Ord. No. 98-07]
DISPLAY SURFACE OR FACE
The area made available by a sign structure for the purpose
of displaying the sign's message.
DISTANCE OF SIGN PROJECTION
The distance from the exterior wall surface of a building
to the sign element farthest distant from such surface.
DISTRICT BOUNDARY LOT
Any lot or parcel of land any lot line of which coincides
with a district boundary line or which is contiguous to any public
or private right-of-way containing a district boundary line.
DRIVE-IN ESTABLISHMENT OR FACILITY
An establishment or facility that by design of physical facilities
or by service or packaging procedures encourages or permits customers
to receive a service or obtain a product that may be used or consumed
in a motor vehicle on or off the premises or to be entertained while
remaining in a motor vehicle.
DRIVEWAY
A private accessway that provides direct access from a street
to not more than one lot or one principal building or use.
DWELLING
Any structure or portion thereof designed or used for habitation,
including, when located in a residential district, any structure in
which food or drink is stored on a regular basis for any purpose,
beds are placed at any time for any purpose, or kitchen or cooking
facilities (other than one compact refrigerator not exceeding six
cubic feet in size) are installed at any time for any purpose.
DWELLING UNIT
Any room or group of rooms located within a dwelling forming
a single habitable unit with facilities that are used or intended
to be used for living, sleeping, cooking, eating, and sanitation by
one family.
DWELLING, SINGLE-FAMILY DETACHED
A dwelling containing only one dwelling unit, situated on
a separate subdivision lot capable of individual sale and completely
surrounded by open space.
EASEMENT
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated area of his or her
property. The term also refers to such a designated area.
ENLARGEMENT
An addition to the floor area, or any other increase in the
size, of any existing structure.
EXISTING STRUCTURE
An existing structure or building to which antennas may be
attached.
[Added 2-23-1998 by Ord. No. 98-07]
EXTENSION
An increase in the amount of existing floor area used for
an existing use within an existing structure or an increase in that
portion of a tract of land occupied by an existing use.
EXTERIOR WALL
Any wall of a building or structure one side of which is
exposed to the outdoors.
FAMILY
An individual, or two or more persons related by blood, marriage,
legal guardianship, or adoption, living together in a dwelling unit;
or a group of not more than three persons who need not be related
by blood, marriage, legal guardianship, or adoption living as a single
housekeeping unit in a dwelling unit, and sharing common facilities
as considered reasonably appropriate for a family related by blood,
marriage, legal guardianship, or adoption; in either case, exclusive
of household employees.
[Amended 5-8-2017 by Ord.
No. 2017-09; 9-11-2017 by Ord. No. 2017-25]
FENCE, CLOSED-TYPE
A wall, fence, gate, or similar barrier that is not an open-type
fence.
FENCE, OPEN-TYPE
A wall, fence, gate, or similar barrier, or any ten-linear-foot
segment of such a barrier, where the visibility at right angles to
any surface of such barrier or segment thereof is not reduced by more
than 50%.
FLOOR AREA RATIO (FAR)
The gross floor area of a building divided by the total lot
area of the zoning lot on which it is located. For planned unit developments,
the FAR shall be determined by dividing the gross floor area of all
buildings by the net area of the site.
[Amended 6-11-2001 by Ord. No. 2001-14; 5-22-2017 by Ord. No. 2017-12]
FLOOR AREA, GROSS
(For all purposes except determining off-street parking requirements.)
The sum of the gross horizontal areas of all floors of a building
or of such area thereof devoted to a specific use, measured from the
exterior face of exterior walls or from the center line of walls separating
two buildings or uses. Gross floor area shall include areas such as
basement floors (but not cellar floors); elevator shafts and stairwells
at each floor; floor spaces and shafts used for mechanical, electrical,
and plumbing equipment; penthouses; attic floors in habitable attic
spaces; interior balconies and mezzanines; atria; 50% of the floor
area of i) canopies, ii) covered porches, iii) covered walkways, or
iv) enclosed or covered floor space used for accessory uses. Gross
floor area shall also include floor area devoted to parking garages
and parking structures, but not parking lots. No floor area devoted
to a public water storage facility shall be included in gross floor
area. Where any space has a floor-to-ceiling height of more than 14
feet, each 14 feet of height or fraction thereof shall be treated
as a separate floor; provided, however, that such ceiling height limitation
of 14 feet shall not apply to a) warehousing or storage areas within
a business headquarters planned unit development, or b) indoor tennis
court areas within member sports and recreation facilities located
in the Office District.
[Amended 6-26-2000 by Ord. No. 2000-15; 6-11-2001 by Ord. No.
2001-14; 12-9-2005 by Ord. No. 2005-34; 11-12-2013 by Ord. No. 2013-21]
FLOOR AREA, NET
(For determining off-street parking requirements.) The gross
floor area of a building minus elevator shafts and stairwells at each
floor; floor space and shafts used for mechanical, electrical, and
plumbing equipment; exterior building walls; floor space devoted to
parking garages and structures; and basement floor space used only
for bulk storage.
FOOTCANDLE
A unit of illuminance on a surface one foot distant from
a source of light of one candlepower, equal to one lumen per square
foot. As an example, a typical sixty-watt incandescent lamp (840 lumens)
produces an illuminance of 0.1 footcandle at a distance of 25 feet.
[Amended 1-26-2004 by Ord. No. 2004-04]
FRONTAGE
All of the property fronting on one side of a street, measured
along such street, between an intersecting or intercepting street
and another intersecting or intercepting street, a right-of-way in
excess of 30 feet, an end of a dead-end street, or a Village boundary.
FRONTAGE, ZONING LOT
All of the property of a zoning lot fronting on a street,
measured between side or corner side lot lines.
GEOTHERMAL ENERGY SYSTEM
A system or mechanism or series of mechanisms designed to
provide heating or cooling or to produce electrical or mechanical
power, or any combination of these, by a method that extracts or converts
the energy naturally occurring beneath the earth's surface in rock,
structures, water, or steam. Geothermal energy systems include, without
limitation: vertical closed loop, horizontal closed loop, and body
of water closed loop systems.
[Added 4-25-2011 by Ord. No. 2011-16]
GRADE
The lowest level of the ground existing prior to any reshaping
of the natural contours at any point of the foundation of a structure
or proposed structure.
GRADING
Reshaping natural land contours using natural land materials.
GROUP HOME
A group of not more than five unrelated persons, living as
a single housekeeping unit in a dwelling unit and sharing common facilities
as considered reasonably appropriate for a family, consisting of persons
with qualifying disabilities or handicaps as defined in the federal
Fair Housing Act and Americans With Disabilities Act, as amended from
time to time, and group home employees or administrators (if any),
exclusive of any group home employees or administrators who do not
reside therein.
[Added 9-11-2017 by Ord.
No. 2017-25]
HABITABLE
Space in a structure for living, sleeping, eating, or cooking
having a ceiling height of not less than seven feet measured to the
lowest projection from the ceiling; provided, however, that in any
room with a sloping ceiling, at least 1/2 of such room shall be at
the prescribed ceiling height to be habitable.
[Added 6-11-2001 by Ord. No. 2001-14]
HEIGHT
See "maximum building height" and "measured building height."
HOTEL
An establishment that is designed for and offers lodging
accommodations to the general public for transient guests; that is
commonly known as a hotel or motel in the community in which it is
located; and that provides customary hotel services such as maid service,
furnishing and laundering of linens, telephone services, desk services,
and the use and upkeep of furniture.
[Added by Ord. No. 97-04]
IMPERVIOUS SURFACE
Any hard-surfaced, man-made area on a zoning lot that does
not readily absorb or retain stormwater or runoff, including but not
limited to buildings and structures, parking areas, parking lots,
driveways, sidewalks, and paved recreational facilities.
IMPROVEMENT OR FACILITY, PUBLIC
A sanitary sewer, storm sewer, drainage appurtenance, water
main, roadway, parkway, sidewalk, planting strip, or other facility
for which the Village or any other government agency may assume maintenance
or operational responsibility.
KEEP, HARBOR, OR OTHERWISE MAINTAIN
The act of owning, having in one's care or custody, or knowingly
permitting any dog to remain on or about any lot, for a period consisting
of more than 50 consecutive days.
[Added 11-12-2002 by Ord. No. 2002-29]
LEARNING CENTER
A separate business establishment occupying not more than
1,500 square feet of floor area that offers private, semi-private,
and small-group academic instruction in classes not exceeding 25 students
at any time.
LIGHT SOURCE
That portion of an exterior lighting fixture from which light
is generated, including without limitation a bulb, lamp, tube, or
other similar device.
[Added 1-26-2004 by Ord. No. 2004-04]
LIVE ENTERTAINMENT
A public performance intended to be diverting or engaging
with or without the use of instrumental, electronic, or mechanical
accompaniment.
LOADING SPACE
An off-street area used for the standing, loading, or unloading
of one truck or trailer.
LOT
See "lot of record" and "lot, zoning." Unless the context
indicates otherwise, all references in this code to a "lot" shall
be deemed to mean a "zoning lot."
LOT AREA PER UNIT
That portion of the total lot area allocated for each dwelling
unit located on a lot.
LOT AREA, TOTAL
The total land and water area included within lot lines,
excluding, however, land areas subject to easements for public or
private access or egress.
LOT COVERAGE
The percentage of a lot's area covered by any impervious
surface. See also "building coverage."
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines.
LOT LINE
The property lines bounding a lot; provided, however, that
when a lot includes land subject to a public or private right-of-way
for street purposes, the line separating such right-of-way from the
rest of the lot shall be deemed to be the lot line.
[Amended 1-10-2011 by Ord. No. 2011-04]
LOT LINE, FRONT
In the case of an interior lot abutting upon only one right-of-way
for street purposes, the line separating such lot from such right-of-way;
in the case of a through lot, each line separating such lot from a
right-of-way for street purposes shall be considered a front lot line;
in the case of a corner lot, the shorter lot line separating such
lot from a right-of-way for street purposes shall be considered to
be the front lot line.
[Amended 1-10-2011 by Ord. No. 2011-04]
LOT LINE, REAR
That lot line that is parallel to and most distant from the
front lot line of the lot; provided, however, that in any case where
no lot line of at least 20 feet in length is parallel to the front
lot line, an imaginary line 20 feet in length, entirely within the
lot, parallel to, and at the maximum possible distance from, the front
lot line shall be considered to be the rear lot line.
LOT LINE, SIDE
Any lot line other than a front, corner side, or rear lot
line.
LOT OF RECORD
A lot that is part of a subdivision, the plat of which has
been recorded in the office of the Lake County Recorder of Deeds,
or a parcel of land separately described in a recorded deed.
LOT WIDTH
The mean horizontal distance between the side lot lines of
a lot, measured within the lot boundaries.
LOT, CORNER
A lot abutting upon two or more streets at their intersection
or junction or a lot bounded on two sides by a curving street where
it is possible to draw two intersecting tangents, one each commencing
at each of the two points of intersection of the lot lines and street
line, which intersect with each other to form an interior angle of
less than 135°.
LOT, THROUGH
A lot having frontages on two nonintersecting streets.
LOT, ZONING
A tract of land consisting of one or more lots of record,
or parts thereof, bounded by lot lines, and under single ownership
located entirely within a block and occupied by, or designated by
its owner or developer at the time of filing for any zoning approval
or building permit as a tract to be developed for, a principal building
or, where permitted, buildings and their accessory buildings, or a
principal use, together with such open spaces and yards as are designed
and arranged, or required under this code, to be used with such building
or use.
[Amended 1-10-2011 by Ord. No. 2011-04]
MARQUEE or CANOPY
A roof-like structure of a permanent nature that projects
from the wall of a building.
MAXIMUM BUILDING HEIGHT
The vertical distance measured from grade to the highest point of a structure. Chimneys of single-family residential buildings shall not be considered in determining the maximum building height of such buildings, provided that no portion of any such chimney extends more than three feet above the height measured without regard to such chimney. Parapet walls and other screening structures required by §
260-908G shall not be considered in determining the height of buildings having rooftop mechanical equipment, provided that no portion of any such screening structure extends more than five feet above the height measured without regard to such screening structure.
MEASURED BUILDING HEIGHT
The vertical distance measured from grade: to the highest
point of the roof in the case of a flat roof; to the deck line in
the case of a mansard roof; and to the mean height level between the
highest ridge line and the undersides of the eaves in the case of
gable, gambrel, and hip roofs.
MONOPOLE
A support structure which consists of a single pole sunk
into the ground and/or attached to a foundation.
[Added 2-23-1998 by Ord. No. 98-07]
NONCONFORMING LOT OF RECORD
A lot of record that does not comply with the lot requirements
for any use permitted in the district in which it is located.
NONCONFORMING SIGN
Any sign lawfully existing on the effective date of this
code, or any amendment to it rendering such sign nonconforming, that
does not comply with all of the standards and regulations of this
code or any such amendment hereto.
NONCONFORMING STRUCTURE
Any building or structure, other than a sign, lawfully existing
on the effective date of this code, or any amendment to it rendering
such building or structure nonconforming, that:
A.
Does not comply with all of the regulations of this code, or
any such amendment thereto, governing parking, loading, or bulk and
space requirements for the zoning district in which such building
or structure is located; or
B.
Is located on a lot that does not, or is so located on a lot
as not to, comply with the yard or setback requirements for the zoning
district in which such building or structure is located; or
D.
Any building containing one or more dwelling units in addition
to the number permitted by the district regulations in the district
where it is located shall be deemed to be a nonconforming use rather
than a nonconforming structure.
NONCONFORMING USE
Any use lawfully being made of any land, building, or structure,
other than a sign, on the effective date of this code, or any amendment
to it rendering such use nonconforming, that does not comply with
all of the regulations of this code, or any such amendment hereto,
governing use for the zoning district in which such land, building,
or structure is located.
OMNIDIRECTIONAL OR WHIP ANTENNA
A personal wireless services antenna that receives and transmits
signals in a three-hundred-sixty-degree pattern, and which is up to
12 feet in height and up to three inches in diameter.
[Added 2-23-1998 by Ord. No. 98-07]
OPEN SPACE and USABLE OPEN SPACE
An area or areas of a lot, including required yards, that
are:
A.
Open and unobstructed from ground to sky except by facilities
specifically designed, arranged, and intended for use in conjunction
with passive or active outdoor recreation or relaxation; and
B.
Located at least five feet from any structure except structures
specifically designed, arranged, and intended for use in conjunction
with passive or active outdoor recreation or relaxation; and
C.
Landscaped, maintained, or otherwise treated to create a setting
appropriate to recreation or relaxation; and
D.
Accessible and usable by the residents of all dwellings, or
the users of all nonresidential buildings, they are intended or required
to serve.
OPEN SPACE, COMMON
Open space held in private ownership, regularly available
for use by the occupants of more than one dwelling or the users of
more than one nonresidential building.
OPEN SPACE, PRIVATE
Open space held in private ownership, the use of which is
normally limited to the occupants of one dwelling or the users of
one nonresidential building.
OPEN SPACE, PUBLIC
Open space dedicated to or owned by any government or governmental
agency or authority.
OWNER
Includes the holder of legal title as well as holders of
any equitable interest, such as trust beneficiaries, contract purchasers,
option holders, lessees under leases having an unexpired term of at
least 10 years, and the like.
PARKING AREA
Any land area, not located in a parking garage or structure,
designed and used for the parking of not more than four vehicles.
PARKING GARAGE
A structure, or part thereof, designed and used for the parking
and storage of vehicles at one level.
PARKING LOT
Any land area, not located in a parking garage or structure,
designed or used for the parking of more than four vehicles.
PARKING STRUCTURE
A structure, or part thereof, designed and used for the parking
and storage of vehicles at two or more levels.
PARTICULATE MATTER
Material other than water that is suspended or discharged
into the atmosphere in a finely divided form as a liquid or solid.
PATIO
A paved or surfaced level plane attached to or closely adjacent
to a dwelling unit that is constructed entirely at, or within six
inches of, the average level of the adjoining grade and is intended
to be used for sitting, eating and drinking, cooking, or similar activities.
[Added 11-12-2013 by Ord.
No. 2013-21]
PERIMETER LANDSCAPED OPEN SPACE
A landscaped open space intended to enhance the appearance
of, or screen from view, parking lots and other outdoor aesthetically
unpleasant uses or areas or to create a transition between incompatible
uses by means of appropriate buffering, landscaping, or screening
primarily along lot lines.
PERSONAL WIRELESS FACILITIES
Equipment, accessory buildings, and other instruments, appurtenances,
and facilities associated with the operation of a personal wireless
services antenna.
[Added 2-23-1998 by Ord. No. 98-07]
PERSONAL WIRELESS SERVICES
Commercial mobile telecommunications services, unlicensed
wireless telecommunications services, and common-carrier wireless
telecommunications exchange access services.
[Added 2-23-1998 by Ord. No. 98-07]
PERSONAL WIRELESS SERVICES ANTENNA
An antenna used in connection with the provision of personal
wireless services, including directional or panel antennas and omnidirectional
or whip antennas.
[Added 2-23-1998 by Ord. No. 98-07]
PHOTOVOLTAIC CELL
A semiconductor device that converts solar energy into electricity.
[Added 4-25-2011 by Ord. No. 2011-16]
PLANNED DEVELOPMENT
A parcel of property under single ownership or unified control that may be developed as a unit pursuant to the provisions of §
260-1163 of this code, thus allowing the possibility of relaxation of otherwise applicable substantive regulations of this code, including bulk, yard, and space regulations, and offering greater flexibility of design and uses for such parcel of property. See §
260-1163 of this code.
PLAY FIELD
An area of active recreation such as a baseball diamond,
a football field, a soccer field, or the like.
PORCH
An open-air area of a building other than a deck or patio,
including areas that are fully or partially enclosed by screens, shades,
curtains, or similar devices, and that is intended to be used for
sitting, eating and drinking, cooking, or similar activities.
[Added 12-9-2005 by Ord. No. 2005-34; amended 11-12-2013 by Ord. No. 2013-21]
PREMISES
A lot, plot, or parcel of land, together with the buildings
and structures thereon.
PRINCIPAL STRUCTURE OR BUILDING
A structure or building on a zoning lot intended to be utilized
for a principal use and to which any other structure on such lot must
be accessory.
PRINCIPAL USE
The use of a zoning lot, whether a permitted or specially
permitted use, designated by the owner of such lot as the primary
or main use of such lot and to which any other use on such lot must
be accessory.
PUBLIC HEARING
A meeting conducted pursuant to the provisions of the Illinois
Open Meetings Act (5 ILCS 120/1 et seq.) at which members of the general
public must be permitted to give testimony, evidence, or opinions
relevant to the subject matter.
PUBLIC MEETING
A meeting conducted pursuant to the provisions of the Illinois
Open Meetings Act (5 ILCS 120/1 et seq.) at which members of the general
public, as opposed to members of the committee, board, or commission
and as opposed to the applicant for relief, have no right (but may
be given the opportunity) to offer testimony, evidence, or opinions.
PUBLIC SCHOOL RECREATIONAL AND ATHLETIC FACILITIES
Play fields and related facilities owned and operated by
a public elementary school district for purposes of conducting student
athletic and recreational activities within such district's jurisdictional
boundaries.
[Added 3-14-2022 by Ord. No. 2022-04]
PUBLIC UTILITY
Any person, firm, or corporation under public regulation
furnishing franchised services such as cable television, electricity,
gas, telephone, water, or sewage service.
PYLON
A solid, columnar, or similar structure (including all decorative
features) that is either freestanding or a distinct element of a fence,
with a footprint not exceeding four square feet.
RAILROAD RIGHT-OF-WAY
A strip of land with tracks and auxiliary facilities for
track operation, but not including freight depots or stations, loading
platforms, train sheds, warehouses, car or locomotive shops, or car
yards.
RECREATIONAL DEVICE
A structure or outdoor facility intended primarily for recreational
use by children, such as, but not limited to, a play house, a swing
set, a trampoline, a sand box, or a basketball backboard.
RECREATIONAL FACILITY, RESIDENTIAL
An area, court, pool, or facility, other than a recreational
device, intended for active recreational or athletic use, such as
game courts, swimming pools, or ball fields established as an accessory
use to a residential dwelling.
RECREATIONAL VEHICLE
Every vehicle or boat originally designed for living quarters,
recreation, or human habitation and not used as a commercial vehicle,
including, but not limited to, the following:
A.
BOATAny vessel used for water travel. A boat mounted on a trailer shall be considered one vehicle.
B.
CAMPER TRAILERA folding or collapsible vehicle without its own motive power, designed as temporary living quarters for travel, camping, recreation or vacation use.
C.
MOTORIZED HOMEA temporary dwelling designed and constructed for travel, camping, recreational or vacation uses as an integral part of a self-propelled vehicle.
D.
OFF-THE-ROAD VEHICLEA vehicle intended principally for recreational use off of roads where state vehicle licenses are required, such as a dune buggy, go-cart, or snowmobile.
E.
RACING CAR OR CYCLEA vehicle intended to be used in racing competition, such as a race car, stock car, or racing cycle.
F.
TRAVEL TRAILERA vehicle without its own motive power, designed to be used as a temporary dwelling for travel, camping, recreational, or vacation uses.
G.
TRUCK CAMPERA structure designed primarily to be mounted on a pickup or truck chassis and designed to be used as a temporary dwelling for travel, camping, recreational, or vacation uses. When mounted on a truck, such a structure and the truck shall together be considered one vehicle.
H.
VANA general term applied to a noncommercial motor vehicle licensed by the State of Illinois as a recreational vehicle.
I.
VEHICLE TRAILERA vehicle without its own motive power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. A vehicle trailer with another vehicle mounted on it shall be considered one vehicle.
RETENTION BASIN
An area containing a permanent pool of water as well as capacity
to detain additional stormwater for long periods of time.
RIGHT-OF-WAY, PRIVATE
A strip of land designated for use for vehicular or pedestrian
access or passage, or for utility lines or similar facilities, that
has not been dedicated to or accepted by any government agency.
RIGHT-OF-WAY, PUBLIC
A strip of land designated for use for vehicular or pedestrian
access or passage, or for utility lines or similar facilities, that
has been dedicated to and accepted by a government agency.
SCREENING
A structure erected or vegetation planted that conceals an
area from view at all times during the year.
SETBACK
The minimum horizontal distance between a specified lot line,
measured along a straight line and at a right angle to such lot line,
and the nearest point of a building or structure.
SIC
The Standard Industrial Classification Manual. See also "Standard
Industrial Classification Manual."
SIGN
Any object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, or projected images, whether or not illuminated. For definitions of particular functional and structural types of signs, see §
260-906E of this code.
SIGN WITH BACKING
Any sign that is displayed upon, against, or through any
material or color surface or backing that forms an integral part of
such display and differentiates the total display from the background
against which it is placed.
SITE PLAN
A graphic rendering of a proposed use, construction, or development that complies with the provisions of §
260-1164 of this code.
SMALL WIND ENERGY SYSTEMS (SWES)
Freestanding, tower-mounted wind energy systems with a system
height measuring less than 175 feet from the ground.
[Added 9-27-2010 by Ord. No. 2010-33]
SMOKE
Small gas-borne particles other than water that form a visible
plume in the air.
SOLAR ENERGY SYSTEM
A system for which the primary purpose is to convert solar
energy into thermal, mechanical or electrical energy for storage and
use.
[Added 4-25-2011 by Ord. No. 2011-16]
SOLAR PANEL
A group of photovoltaic cells that are assembled on a panel
used as part of a solar energy system.
[Added 4-25-2011 by Ord. No. 2011-16]
STACKING SPACE
An area, measuring at least eight feet in width and 20 feet
in length, for the temporary storage of a vehicle awaiting access
to a drive-in establishment or facility.
STANDARD INDUSTRIAL CLASSIFICATION MANUAL (SIC)
The 1987 edition of the publication prepared by the Office
of Management and Budget, Executive Office of the President of the
United States, available from the Superintendent of Documents, United
States Government Printing Office, Washington, D.C.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above, then the space between the floor and the ceiling
next above it. The floor of a story may split levels, provided that
there is not more than four feet of difference in elevation between
the different levels of the floor. A basement shall be counted as
a story. A cellar shall not be counted as a story. Any area in which
the distance from one floor to the floor or ceiling above it is more
than 16 feet shall be deemed to consist of one story for each 16 feet
of height or major fraction thereof.
STREET
The paved portion of a public or private right-of-way, other
than a driveway, that affords the principal means of vehicular access
to abutting property.
STREET LINE
A lot line separating a street right-of-way from other land.
STRUCTURAL ALTERATION
Any change, other than incidental repairs, that would prolong
the life of the supporting members of a structure, such as bearing
walls, columns, beams, girders, or foundations, or that would alter
the dimensions or configurations of the roof or exterior walls of
a structure or that would increase either the gross or net floor area
of a structure.
STRUCTURE
Anything constructed or erected, the use of which requires
more or less permanent location on or in the ground, or anything attached
to something having a permanent location on or in the ground, but
not including paving or surfacing of the ground. "Structure" shall
in all cases be deemed to refer to both structures and buildings.
SUBSTANTIAL CONFORMITY
For the purposes of granting plan approvals relating to planned
unit developments and site plans, a newly submitted plan shall be
deemed to be in substantial conformity with a previously approved
plan if, but only if, the newly submitted plan:
[Amended 5-22-2017 by Ord. No. 2017-12]
A.
Does not increase the number of dwelling units, the gross floor
area of the development, or the gross floor area devoted to any particular
use; and
B.
Does not increase building coverage by more than 10% of the
percentage of the previously approved plan; and
C.
Does not change the orientation of any building by more than
2% compared to the previously approved plan; and
D.
Does not decrease open space; and
E.
Does not change the general location of any open space in any
manner to detract from its intended function in the previously approved
plan; and
F.
Does not change the general location and arrangement of land
uses within the development as shown on the previously approved plan;
and
G.
Does not change or relocate rights-of-way shown on the previously
approved plan in any manner or to any extent that would decrease their
functionality, adversely affect their relation to surrounding land
use and right-of-way elements, or reduce their effectiveness as buffers
or amenities; and
H.
Does not alter the percentage of any land use in any stage of
the development by more than 10 percentage points as compared to its
percentage in the previously approved plan; and
I.
Does not delay any stage of the previously approved development
schedule by more than 12 months; and
J.
Does not violate any applicable law or ordinance; and
K.
Does not depart from the previously approved plan in any other
manner determined by the reviewing body or official, based on stated
findings and conclusions, to be a material deviation from the previously
approved plan.
SUPPORT STRUCTURE
A structure to which an antenna and other necessary associated
hardware is mounted. Support structures include but are not limited
to existing structures, towers, and monopoles.
[Added 2-23-1998 by Ord. No. 98-07]
SURFACE AREA, ANTENNA
An area determined by adding together the actual surface
area of each solid element or part of an antenna or its support structure,
where "solid" is defined to include all air spaces that are fully
bounded by solid elements.
TOWER
A support structure which consists of a network of crossed
metal braces, forming a tower which is usually triangular or square
in cross-section.
[Added 2-23-1998 by Ord. No. 98-07]
TREE HOUSE
A recreational structure located in or attached to one or
more trees, and for which a tree provides the foundation.
[Added 12-14-1998 by Ord. No. 98-28]
UNDERSTORY TREE
Any of the tree species included in Appendix B to this code,
or such similar trees approved by the Building Commissioner.
UNIFIED DEVELOPMENT SITE
One or more contiguous parcels in the Retail District (R
District) that are i) not separated by any streets or other right-of-way,
ii) under ownership by a single person at the time of approval of
a planned unit development (although this requirement shall not be
applicable after approval of a planned unit development for such unified
development site), iii) at least four acres in area, and iv) fronting
both Illinois Route 22 and Illinois Route 43.
[Added 2-10-2020 by Ord.
No. 2020-04]
UPLINK SATELLITE DISH
A structure designed for transmitting signals to satellites,
together with any attendant supporting structure.
USE
The purpose or activity for which a structure or land is
designed, arranged, or intended, or for which it is occupied or maintained.
USE INTERPRETATION
An interpretation of the permitted use or special use lists established by this code for the purpose of allowing a use not expressly mentioned in those lists to be established in a zoning district found to be appropriate for such use by application of the standards established in §
260-1151E of this code.
USE, PERMITTED
A use that appears on the permitted use list of a particular
zoning district.
USE, SPECIAL
A use that appears on the special use list in a particular
district.
VACANT
Not developed with any building, structure, or paving or
surfacing of the ground.
VEHICLE
Any device for carrying passengers, goods, or equipment,
including, but not limited to, passenger automobiles, vans, trucks,
buses, recreational vehicles, and vehicles used for commercial, business,
or governmental purposes.
VILLAGE ENGINEER
The person or firm duly appointed from time to time to serve
as Village Engineer of the Village.
WHOLESALE TRADE
A business engaged in the sale of commodities in quantity,
usually for resale or business use, chiefly to retailers, other businesses,
industries, and institutions rather than to the ultimate consumer.
WIND ENERGY SYSTEM (WES)
A wind energy production, conversion and distribution system
consisting of a wind turbine, tower or other structure on which the
turbine is mounted, and associated electronic, electric, or other
mechanical equipment; provided, however, that such WES shall be limited
to building-mounted wind energy systems and small wind energy systems.
[Added 9-27-2010 by Ord. No. 2010-33]
YARD
A required open space on a lot between a lot line and a yard
line that is, except as otherwise expressly authorized by this code,
unoccupied and unobstructed from grade to the sky.
YARD LINE, CORNER SIDE
A line drawn parallel to a corner side lot line at a distance
therefrom equal to the depth of the required corner side yard.
YARD LINE, FRONT
A line drawn parallel to a front lot line at a distance therefrom
equal to the depth of the required front yard. If the front lot line
is not straight, then the front yard line shall be drawn as nearly
parallel to such front lot line as possible but shall in no case be
drawn closer to any point on such front lot line than the depth of
the required front yard.
YARD LINE, REAR
A line drawn parallel to a rear lot line at a distance therefrom
equal to the depth of the required rear yard.
YARD LINE, SIDE
A line drawn parallel to a side lot line at a distance therefrom
equal to the depth of the required side yard.
YARD, CORNER SIDE
A yard extending from the front yard line to the rear lot
line between the corner side lot line of the lot and the corner side
yard line.
YARD, FRONT
A yard extending across the entire front of a lot between
the front lot line of the lot and the front yard line.
YARD, PERIMETER
A yard within, and abutting the boundary of, a planned unit
development.
[Amended 5-22-2017 by Ord. No. 2017-12]
YARD, REAR
A yard extending along the full length of the rear lot line
between the side lot lines and between the rear lot line and the rear
yard line; except that in the case of a corner lot the rear yard shall
extend from the inner side lot line to the corner side yard line.
YARD, REQUIRED
The minimum yard depth designated in the regulations of this
code establishing minimum front, corner side, side, and rear yard
requirements for various uses, structures, and districts.
YARD, SIDE
A yard extending along a side lot line from the front yard
to the rear yard between the side lot line and the side yard line.
ZONING CODE
The Bannockburn Zoning Code; that is, this code. Unless the
context specifically requires otherwise, all references to this code
shall be deemed to refer to any certificate, permit, approval, resolution,
or ordinance granted or adopted pursuant to this code.
ZONING DISTRICT
A part of the corporate area of the Village wherein regulations of this code are uniform. See also §
260-201 of this code.