In the construction of this chapter and any subsequent amendments,
the rules and definitions contained in this article shall be observed
and applied, except when the context clearly indicates otherwise.
The following shall be the rules that are to be used in interpreting
and reading the text of this chapter:
A.Â
Words used in the present tense shall include the future.
B.Â
Words used in the singular number shall include the plural number,
and the plural shall include the singular.
C.Â
The word "shall" is mandatory and not discretionary.
D.Â
The word "may" is permissive.
E.Â
The word "lot" shall include the words "plot" and "parcel";
the word "building" includes all other structures or improvements
of every kind, regardless of similarity to buildings.
F.Â
The word "building" shall include the word "structure" and shall
include all other improvements of every kind, regardless of similarity
to a building.
G.Â
The phrase "used for" shall include the phrases "arranged for,"
"designed for," "intended for," "maintained for" and "occupied for."
H.Â
The word "person" shall include a firm, association, organization,
partnership, trust, company or corporation, as well as an individual."
I.Â
The masculine gender includes the feminine and neuter.
J.Â
All measured distances and values shall be to the nearest integral
number. If a fraction is 1/2 or more, the integral number next above
shall be taken.
K.Â
All distances, unless otherwise stated, shall be measured horizontally.
The following words and terms shall have the meanings set forth
herein, except where otherwise specifically indicated. Words and terms
not defined shall have the meanings indicated by common dictionary
definition.
To have a common property line or zoning district line.
A building, structure or use which:
Is subordinate to and serves a principal structure or principal
use;
Is subordinate in area, extent, or purpose to the principal
structure or principal use served;
Contributes to the comfort, convenience, or necessity of occupants
of the principal structure or principal use served; and
Is on the same zoning lot as the principal structure or principal
use served, except that off-street parking facilities may be permitted
to locate elsewhere other than on the same zoning lot.
"Adjacent" and "contiguous" are used as synonymous terms
and mean lots located with the same street frontage in contact with
or touching another parcel of land, in contradistinction to lying
across a street or alley therefrom.
Any establishment, including but not limited to an arcade,
bookstore, cabaret, hotel/motel, motion-picture theater, massage parlor,
modeling studio, sexual encounter establishment, or store, charging
any form of consideration; or a point of transmission or broadcast
of video, internet content or other electronic media; at which a substantial
portion of the stock-in-trade or business activities are characterized
by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
Includes any of the following:
Includes any of the following:
A commercial enterprise which engages in the purchase, sale,
barter, or exchange of goods, wares, or services traditionally related
to agricultural production, or limited processing of agricultural
produce.
Any building or structure existing or erected on land used
principally for agricultural purposes, with the exception of dwelling
units.
Land, including necessary buildings and structures thereto,
shall be considered used for agricultural purposes if: 1) the zoning
lot contains not less than five acres of land area and 2) the principal
use involves the production, cultivation, or growing of crops (including
but not limited to seed crops, trees, ornamental plants, sod, etc.),
pasturage, apiculture, horticulture, floriculture, animal husbandry,
and the raising of livestock (including horses, bees, fish, etc.),
or any by-product thereof, for sale, lease or personal use, and all
necessary and related activities thereof. Lands devoted to soil conservation
or forestry management programs shall also be deemed used for an agricultural
purpose.
An area of land or water that is used or designed for the
landing and takeoff of aircraft of any type and which may include
buildings for the shelter of such aircraft. See also the definitions
of "heliport" and "helipad" below.[1]
A public or private way, at the rear or side of property,
permanently reserved as a means of secondary vehicular access to abutting
property. Frontage on said alley shall not be construed as satisfying
the requirements of this chapter related to frontage on a dedicated
street.
Any change in size, shape, character, occupancy or use of
a building or structure.
Any establishment containing mechanical, electronic and/or
coin-operated amusement devices and/or games operated on the premises
for the amusement of the general public as the principal use and/or
any business which operates more than 20 amusement devices which are
accessory to the principal use.
Any machine, game, table or other such device which is designed,
intended or used as entertainment and may be operated by the public
upon the insertion of a coin or token, or the use of which is made
available for any valuable consideration, including, but not limited
to, devices such as pinball machines, pool tables, video games, electronic
games, kiddie rides, mini-theater projection devices, video screens,
and all games and operations similar thereto. An amusement device
shall not include food, soft drink and cigarette vending machines.
A structure, or portion thereof, designed or used for the
care, observation or treatment of animals by a veterinarian.
An antenna device by which radio or electromagnetic waves
are transmitted, received, or both. See also the term as defined in
§ 220-831D.[2]
One or more rooms, each dwelling containing a private bathroom
and kitchen, in an apartment building, or combination apartment and
commercial building, arranged, intended, designed or occupied as a
dwelling unit of a single family, an individual, or a group of individuals.
A multiple-family dwelling originally designed and constructed
to accommodate three or more apartments designed with more than one
dwelling unit connecting to a common corridor or entranceway, in contrast
to single- or two-family dwellings converted for multiple-family use.
Any person, firm, corporation or agency who or which submits
an application.[3]
A combination of housing and maintenance services provided
to residents on site within the same building and in response to the
individual needs of residents. Supportive services may include meals,
housekeeping, transportation to shopping and medical appointments,
social activities, educational activities, and security and response
systems on site within the same building to meet resident needs. These
services can also include on-site medication management or intermittent
health-care services from qualified providers located within the same
building. Services are furnished in a manner that promotes self-direction
and participation in decisions that emphasize independence, individuality,
and privacy in a residential surrounding.
The gross area of a parcel or development site is the area
in square feet/acres, in fee ownership, excluding all peripheral rights-of-way.
A self-propelled, free-moving vehicle, with four wheels,
usually used to transport not more than eight passengers and licensed
by the governmental licensing authority as a passenger vehicle of
the First Division.
The sale of new and used automobiles, trucks, tractors, construction
equipment, agricultural equipment, and similar industrial equipment,
and other vehicles in operating condition; the storage of such vehicles
in operating condition, but not including storage of trucks of more
than five tons in weight or buses; and the repair and servicing of
such vehicles, including body work, painting and motor rebuilding,
when conducted within a completely enclosed building.
Rental of automobiles, light trucks and vans, including incidental
parking and servicing of vehicles for rent or lease.
An establishment which is primarily engaged in the business
of providing repair and maintenance of automobiles and light trucks
including but not limited to collision repair, painting, muffler,
upholstery work, oil change and lubrication, tire service, installation
of stereo equipment, and maintenance.
[Added 3-10-2021 by Ord.
No. 21-009[4]]
A car dealership displaying new or used cars at the retail
level, for sale or lease, completely within an indoor showroom. Employee
and customer parking may be located outside the showroom.
[Added 7-10-2019 by Ord.
No. 19-030]
Any place where two or more motor vehicles not in running
condition, or parts thereof, are stored in the open and are not being
restored to operation, or any land, building, or structure used for
wrecking or storing of such motor vehicles or farm machinery, or parts
thereof, stored in the open and not any other goods, articles, or
merchandise.
Any building or premises used for dispensing or offering
for sale of automotive fluids or oils having pumps and underground
storage tanks; also, where battery, tire and other similar services
are rendered, but only if rendered wholly within a building. Automobile
service stations shall not include the sales or storage of automobiles
(new or used), trailers, or other vehicles. Automobile service stations
may include mini-marts as a special use.
A rooflike cover, temporary in nature, which projects from
the wall of a building.
A level plane or platform which, for the purpose of this
chapter, is located adjacent to one or more faces of the principal
structure.
Commercial banks, savings and loan associations, brokerage
offices and other similar financial institutions, but not including
pawn shops.
See "tavern."
[Amended 9-9-2008 by Ord. No. 08-048]
A space having more than 1/2 of its height below average
grade.
A principal compartment of the walls, roof or other main
structural component of a building or of the whole building.
A window, or series of windows, projecting outward from the
wall of a building used to enhance the beauty, not size, of the building.
An owner-occupied residence providing overnight accommodations
available to the general public for compensation. Bed-and-breakfast
establishments shall not include hotels, motels, boardinghouses, lodging
rooms, or food service establishments.
An earthen mound designed to provide visual interest, screen
undesirable views, and/or decrease noise.
A surface whereon advertising matter is set in view conspicuously
and which advertising does not apply to premises or any use of premises
wherein it is displayed or posted.
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, bulkhead lines, shorelines of
waterways or corporate lines of the Village.
An area of land and buildings used to house and care for
horses, which horses are not owned by the owner of the land, for which
compensation is received by the owner of the land and such boarding
stable is limited for that purpose.
An establishment whose principal business activity, either
in terms of operation or as held out to the public, is the practice
of piercing patrons' bodies with sharp instruments in order to allow
the insertion of rings, pieces of jewelry, or other ornamental devices
through the orifices thus created.
[Amended 9-9-2008 by Ord. No. 08-048]
A line on the Zoning District Map designating the edge of
a use district. Such a boundary line may be a boundary line for two
use districts depending on the particular use districts located on
each side of a line.
A combination of physical space and vertical elements, such
as plants, berms, fences, or walls, the purpose of which is to separate
and screen incompatible land uses from each other.
The space remaining on a zoning lot after all yard and open
space requirements of this chapter have been complied with.
Any structure constructed partially or wholly above ground
with a permanent roof separated on all sides from adjacent open space
by walls, built for the shelter or enclosure of persons, animals,
chattel, or property of any kind. The term includes both the aboveground
and belowground portion of the structure.
A building is considered attached to another building only
when the attachment satisfies the following minimum criteria:
A building surrounded by an open area on the same lot as
a principal building.
The vertical distance from the average contact ground level
at the front wall of the building to the highest point of coping of
a flat roof or to the deck line of a mansard roof, or to the mean
height level between eaves and ridge for gable, hip or gambrel roofs.
[Amended 9-9-2008 by Ord. No. 08-048]
The line nearest the front of and across a zoning lot, establishing
the minimum open space to be provided between the front line of a
building or structure and the street right-of-way line.
A permit issued by the Village for the construction, erection,
or alteration of a structure or building.
A nonaccessory building in which the primary use of the lot
on which it is located is conducted.[5]
The size and setbacks of buildings or structures and location
of same with respect to one another and includes the following:
Size and height of buildings.
Location of exterior walls at all levels in relation to lot
lines, streets, or to other buildings.
Gross floor area of buildings in relation to lot area (floor
area ratio).
All open spaces allocated to buildings.
Amount of lot area per dwelling unit.
Lot width and area.
The word "business" or the word "commerce," when used in
this chapter, means engaging in the purchase, sale, barter, or exchange
of goods, wares, or merchandise, the provision of services for compensation,
or the maintenance or operation of offices, or recreational or amusement
enterprises.
Includes marijuana, hashish and other substances which are
identified as including any parts of the plant Cannabis Sativa, whether
growing or not; the seeds thereof, the resin extracted from any part
of such plant; and any compound, manufacture, salt, derivative, mixture,
or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol
(THC) and all other cannabinol derivatives, including its naturally
occurring or synthetically produced ingredients, whether produced
directly or indirectly by extraction, or independently by means of
chemical synthesis or by a combination of extraction and chemical
synthesis; but shall not include the mature stalks of such plant,
fiber produced from such stalks, oil or cake made from the seeds of
such plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of such mature stalks (except the resin extracted therefrom),
fiber, oil or cake, or the sterilized seed of such plant which is
incapable of germination.
[Amended 1-14-2014 by Ord. No. 14-001]
The maximum number of persons that can avail themselves of
the services (or goods) of an establishment, at any one time, with
reasonable comfort and safety.
A building, or portion thereof, containing facilities for
washing vehicles; using automatic production-line methods with a chain
conveyor, blower, steam cleaning device, or other mechanical devices;
or providing space, water and equipment for the hand washing of automobiles,
whether by the customer or the operator.
A standardized, reusable vessel, designed without an axle
or wheels, which was originally specifically or formerly designed
for or used in the packing, shipping, movement, or transportation
of freight, articles, goods, or commodities, and/or designed for or
capable of being mounted or moved on a rail car, and/or designed for
or capable of being mounted on a chassis for movement by a truck trailer
or loaded on a ship.
[Amended 9-9-2008 by Ord. No. 08-048]
A business in which any person, firm, corporation or other
entity engages in the hauling and moving of goods.
[Amended 9-9-2008 by Ord. No. 08-048]
A telecommunications service that permits customers to use
wireless, mobile telephones to connect, via low-power radio transmission
sites called "cell sites," either to the public switched network or
to other mobile cellular phones.
A commercial low-power mobile radio service licensed by the
Federal Communications Commission (FCC) to providers in a specific
geographical area in which the radio frequency spectrum is divided
into discrete channels which are assigned in groups to geographic
cells within a service area and which are capable of being reused
in different cells within the service area.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbariums, crematories,
mausoleums and mortuaries when operated in conjunction with and within
the boundaries of such cemetery.
All mains, pipes, and structures through which water is obtained
and distributed to the public, including wells and well structures,
intakes and cribs, pumping stations, treatment plants, reservoirs,
storage tanks, and appurtenances, collectively or severally, actually
used or intended for use for the purpose of furnishing water for drinking
or general domestic use.
Any activity which removes vegetative ground cover, shrubs
or trees.
A building containing an individual practitioner or an association
or group of physicians, dentists, clinical psychologists or similar
professional health-care practitioners including assistants and staff.
The clinic may include an apothecary, dental and medical laboratories,
and/or X-ray facilities, but shall not include inpatient care or operating
rooms for major surgery.
A nonprofit association of persons, who are bona fide members
paying annual dues, which owns, hires or leases land or a building(s)
or any portion thereof; the use of such premises being restricted
to members and their guests. The affairs and management of such private
club are conducted by a board of directors, executive committee or
similar body chosen by the members. It shall be permissible to serve
food and meals on the premises, provided adequate dining room space
and kitchen facilities are available. The sale of alcoholic beverages
to members and their guests shall be subject to compliance with the
Village, state and federal ordinances.
An alternative development technique for single-family homes
where individual lot size and other bulk requirements are reduced
in direct ratio to areas set aside within the development for the
preservation of water, environmentally sensitive areas, other natural
features and common open space.
The adopted land use plan and all parts thereof adopted by
the Village Board.
Any building or structure which complies with all regulations
of this chapter or of any amendment hereto governing bulk for the
zoning district in which such building or structure is located.
An industrial, standardized reusable vessel used for the
storage of articles, goods, or commodities. Permitted as a temporary
use only in the rear yards of I-1 Districts with no stacking of containers.
[Added 7-10-2019 by Ord.
No. 19-030]
A small retail establishment offering for sale a limited
line of groceries and household items intended for the convenience
of the neighborhood.
The County of Will, Illinois.
An open, unoccupied space other than a yard on the same lot
with a building, which is totally or partially enclosed by a building
or buildings and is completely open to the sky.
A facility operated by an organization or business that is
registered by the Department of Agriculture to perform necessary activities
to provide only registered medical cannabis dispensing organizations
with usable medical cannabis.
[Amended 1-14-2014 by Ord. No. 14-001]
The level of the established curb in front of the building
measured at the center of such front. Where a building faces on more
than one street, the curb level shall be the average of the levels
of the curbs at the center front of each street. Where no curb elevation
has been established, the level of the centering of the street shall
be considered the curb level.
All obstructions, wall embankments or barriers, together
with their abutments and appurtenant works, if any, constructed for
the purpose of storing or diverting water or creating a pool. Underground
water storage tanks are not included.
Every building or other structure kept, used, maintained,
advertised and held out to the public as a place with one or more
dance floor areas and distinguished from the nightclubs by the exclusion
of alcoholic beverages for consumption on the premises.
[Added 7-10-2019 by Ord.
No. 19-030]
Animals including, but not limited to, the following: lion,
tiger, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat,
jaguarondi, leopard, bear, hyena, wolf, coyote, wolf-dog or coyote-dog
hybrid, alligator, crocodile, caiman, and poisonous or other life-threatening
reptiles.
A state-licensed facility which regularly provides day care
for less than 24 hours per day for: 1) more than eight children in
a family home; or 2) more than three children in a facility other
than a family home, including senior citizen buildings.
[Amended 9-9-2008 by Ord. No. 08-048; 7-10-2019 by Ord. No. 19-030]
A family home which receives up to six children or six adults
requiring care for less than 24 hours per day.
[Amended 9-9-2008 by Ord. No. 08-048]
A unit of measurement of the intensity (loudness) of sound.
Sound level meters which are employed to measure the intensity of
sound are calibrated in decibels.
A structure attached to or closely adjacent to any dwelling
unit that is:
The total number of dwelling units per gross acre of land
determined by dividing the total gross acreage of a site by the minimum
lot or dwelling unit size of the appropriate residential district.
The numerical value used as a measurement for the specific
intensity of that portion of a development upon which buildings are
placed, Net density is obtained by dividing the total number of dwelling
units in a development by the net acreage within the development,
the result of which is the number of dwelling units per net acre of
land.
Any human change to real estate, including excavation, clearing,
construction, reconstruction, enlargement, repair, or placement of
a building or any addition to a building, but does not include maintenance
of existing buildings or structures. Also includes installation of
utilities, construction of roads, or similar projects.
[Amended 9-27-2017 by Ord. No. 17-060]
An antenna or array of antennas designed to concentrate a
radio signal in a particular area.
A facility operated by an organization or business that is
registered by the Department of Financial and Professional Regulation
to acquire medical cannabis from a registered cultivation center for
the purpose of dispensing cannabis, paraphernalia, or related supplies
and educational materials to registered qualifying patients.
[Amended 01-14-2014 by Ord. No. 14-001]
A portion of the Village within which certain uniform regulations
and requirements apply under provisions of this chapter.
Any breed of animals (including, but not limited to, horses
or sheep) domesticated by man so as to live and breed in a tame condition.
A facility, box or similar device where material donations
for nonprofit agencies are solicited or collected.
[Added 9-24-2014 by Ord.
No. 14-056]
The outer perimeter of the largest branches or limbs of a
tree or brush as measured on the ground around the base of the tree
or brush.
Any commercial retail, personal service, or service establishment
designed or intended to enable a customer in a motor vehicle parked
on or moving through the premises to transact business with a person
located within the principal structure, including 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 while staying within a motor vehicle.
Such establishments include but are not limited to financial institutions,
restaurants, and dry-cleaning stores.
[Amended 9-9-2008 by Ord. No. 08-048]
That portion of a lot used to provide access from the street
to a place of residence or business and which has been graded and
graveled or surfaced with concrete, asphalt, crushed stone, or other
hard surface and dustless materials.
A building or portion thereof, but not including a house
trailer or mobile home, designed or used exclusively for residential
occupancy, including one-family dwelling units, two-family dwelling
units, and multiple-family dwelling units, but not including mobile
homes, hotels, boardinghouses, or lodging houses.
Any building which was originally designed and constructed
as a single-family dwelling, but has now been changed or altered by
the construction of an additional accessory dwelling unit.[6]
The first-floor area in square feet measured from the outside
of the exterior walls, but excluding cellars, basements, open porches,
breezeways, garages, and other infrequently used spaces.
A residential building which is joined to another dwelling
at one or more sides by a party wall or walls.
A residential building which is entirely surrounded by open
space on the same lot.
Group quarters, not a "family" as defined herein, are living
arrangements for groups of people containing more than five persons
not related by blood, marriage, adoption, or guardianship. Group quarters
shall not include group homes for the handicapped or persons 55 years
of age or older which have eight persons or less plus their resident
staff. Group quarters are most frequently contained within the following
terms and phrases: church-oriented schools (boarding); colleges, universities
(dormitories); convents; drug abuse centers (boarding); emergency
shelter (family); fraternity houses; monasteries; orphanages; primary/secondary
schools (boarding); rehabilitation centers (boarding); religious retreats;
seminaries; sorority houses; YMCA — residence rooms; or YWCA
- residence rooms.
A residential building containing three or more dwelling
units.
A residential building containing one dwelling unit only.
A residential building containing two dwelling units only.
One or more rooms in a residential building, or residential
portion of a building, which are arranged, designed, used or intended
for use by one family, and which includes cooking space and lawful,
sanitary facilities reserved for the occupants thereof.
An authorization or grant by a property owner for the use
by another, and for one or more specific purposes, of any designated
part of the owner's property.
Services provided by public and private utilities necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface, or overhead
gas, electrical, steam, water, sanitary sewerage, stormwater drainage,
and communications systems and accessories thereto, such as poles,
towers, wires, drains, vaults, culverts, laterals, sewers, pipes,
catch basins, water storage tanks, conduits, cables, fire alarm boxes,
police call boxes, traffic signals, pumps, lift stations, and hydrants,
but not including buildings that do not need to be in the immediate
area of the uses they service.
Except as hereinafter provided, "excavation and/or filling"
shall mean any changing of the grade or subgrade of a tract of land
by cutting, scraping, grading, trenching, digging, filling in, or
otherwise reshaping the natural contour of the ground. The following
shall not be construed as excavating/filling:
Any cutting, grading, trenching, digging, or backfilling of
any foundation of a building or structure approved for construction.
Top dressing in an area of existing homes, which top dressing
does not change the drainage patterns, does not disturb an area greater
than 5% of the lot area or 2,000 square feet, whichever is smaller,
and does not exceed five cubic yards of fill.
Cutting, grading, trenching, digging or backfilling of any septic
site as part of new construction shall be reviewed for drainage as
part of the building permit application, but shall not require drainage
review by the Village Development Department when the area of ground
disturbed is 2,000 square feet or less. Repairs to existing septic
sites in which the area of ground disturbed is greater than 2,000
square feet shall require the issuance of a stormwater management
permit.
The vertical location of the existing ground surface prior
to excavation or filing.
Any animal which is not usually or customarily found for
sale in the majority of pet shops in the region and includes, but
is not limited to, wild, dangerous, endangered and other nondomestic
animals.
That part of the signal distribution system used or operated
by a telecommunications carrier under a license from the Federal Communications
Commission (FCC) consisting of a combination of improvements and equipment,
including;
The zoning lot on which a facility is or will be located.
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. This definition
does not intend to prohibit group homes and/or community living arrangements
that are determined to be protected by the federal Fair Housing Law,
provided such facilities are licensed and permitted under the authority
of the appropriate state department or agency.[7]
Land being used for agricultural purposes with 10 acres or
more.
The building located on a farm that is the residence of the
farm owner or tenant operator.
An agricultural use, including buildings and land, for the
purpose of obtaining new knowledge in agricultural processes and procedures.
The Federal Communications Commission.
A structure used as a boundary, screen, separation, means
of privacy, protection or confinement.
A fence where visibility at right angles to any surface thereof
is not reduced by more than 50%.
A fence, including gates, which conceals from view of adjoining
properties open storage of materials and/or operations conducted behind
the fenced area.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported,
or moved by man to a new location and shall include the conditions
resulting therefrom.
A buildable lot where access is obtained by way of a narrow
strip of land (reserve strip) from a dedicated street only where each
lot shall contain a minimum of 40,000 square feet, exclusive of the
portion of the lot used as the reserve strip, except where a specific
zoning district requires more than 40,000 square feet as its minimum
lot area.
For determining floor area ratio: the sum of the gross horizontal
areas of the several floors of the building measured from the exterior
faces of the exterior walls or from the center line of walls separating
two buildings. The "floor area of building" shall include the basement
floor area when more than 1/2 of the basement height is above the
established curb level, off-street parking space, elevator shafts
and stairwells at each flood floor space used for mechanical equipment
(except equipment, open or enclosed, located on the roof), penthouses,
attic spaces having headroom of seven feet 10 inches or more, interior
balconies, mezzanines, enclosed porches and floor area devoted to
accessory uses, excluding areas devoted to off-street parking.
For determining off-street parking and loading requirements:
the sum of the following areas:
Floor space devoted to the principal use of the premises, including
accessory storage areas located within selling or working space such
as counters, racks or closets;
Any basement floor area devoted to retailing activities; and
Floor area devoted to the production or processing of goods
or to business or professional offices.
For this purpose, floor area shall not include space devoted
primarily to storage purposes (except as otherwise noted herein),
off-street parking or loading facilities (including aisles, ramps
and maneuvering space) or basement floor area other than area devoted
to retailing activities, the production or processing of goods, business
or professional offices.
The ratio determined by dividing the floor area of a building
or structure by the area of the lot on which the building or structure
is located. When one or more than one building or structure is located
on a lot, then the floor area ratio is determined by dividing the
total floor area of all buildings or structures by the area of the
lot, or, in the case of planned development, by the net acreage. The
floor area ratio requirements, as set forth under each zoning district,
shall determine the maximum floor area allowable for a building or
other structure (including both principal and accessory buildings)
in direct ratio to the gross area of the lot.
A unit of illumination; technically, the illumination at
all points at a distance of one foot from a uniform point source of
one candlepower.
The length of a front lot line or lines.
A closed perimeter formation consisting of materials such
as concrete or concrete block which extends into the ground below
the frost line.
A building which is used or intended to be used for the storage
of motor trucks, truck trailers, tractors, and commercial vehicles
exceeding 12,000 pounds' gross vehicle weight.
A detached accessory building or portion of the main building
designed, arranged, used, or intended to be used for the storage of
passenger automobiles of the occupants of the premises.
A building, other than a private garage, used primarily for
parking or storage of motor vehicles for remuneration and available
to the public at large.
A public, semi-public, or private tract of land where the
game of golf is played, including accessory buildings and land uses
incidental thereto, and consisting of at least 60 acres for each standard
nine-hole course; and 30 acres for each standard nine-hole par-three
course; a tract of land for playing golf, improved with tees, greens,
fairways, hazards, and which may include clubhouses and shelters.
The average elevation of the land surrounding a building
or other structure as measured on the finished surface of the ground
six feet from the exterior wall of the building or structure.
The final elevation of ground level after the completion
of all construction and development.
Excavation or fill or any combination thereof, and shall
include the conditions resulting from any excavation or fill.
The total acreage of a site less land within the platted
rights-of-way of existing roads, utilities, and easements of access.
A dwelling used to provide a socially dependent family environment
for developmentally or mentally disabled patients, as specified in
the 1988 Fair Housing Act Amendments of the Civil Rights Act of 1968.
For purposes of this chapter, this definition shall not include "halfway
houses," uses for the recovering chemically dependent, prison work
release programs or any use that does not house solely the developmentally
or mentally disabled.
[Amended 9-9-2008 by Ord. No. 08-048]
A group home of seven residents to 12 residents, not including
nonresident staff.
[Amended 9-9-2008 by Ord. No. 08-048]
A group home of six or fewer residents, not including nonresident
staff.
[Amended 9-9-2008 by Ord. No. 08-048]
Having a physical, mental or emotional impairment which substantially
limits one or more of such person's major life activities; a record
of having such impairment; or being regarded as having such impairment.
The term shall include, but not be limited to, persons who are developmentally
or physically disabled, the mentally ill, recovering alcoholics, and
those who are suffering from AIDS and other diseases. Such term shall
not include current, illegal use of or addiction to a controlled substance
[as defined in Section 102 of the Controlled Substances Action (21
U.S.C. § 802)], nor shall it include any person whose residency
in the home would constitute a direct threat to the health or safety
of other individuals or would result in substantial physical damage
to the property of others.
A facility where members or non-members use equipment or
space for the purpose of physical exercise.
[Added 7-10-2019 by Ord.
No. 19-030]
An establishment, other than a hospital as defined herein,
where human patients who are not lodged overnight are admitted for
examination and treatment by one or more physicians, dentists, other
health care professionals, or similar professions.
[Amended 9-9-2008 by Ord. No. 08-048]
A landscaped barrier consisting of a continuous, dense planting
of shrubs.
A horizontal plane above and parallel to the average finished
grade of the entire zoning lot at the height shown in the district
regulations. The height of a structure, also known as "building height"
above, may not project through said plane.
The Federal Aviation Administration's (FAA) definition of
a heliport is any landing area used for the landing and taking off
of helicopters, including all necessary passenger and cargo facilities,
fueling, and emergency service facilities.
[Amended 4-28-2009 by Ord. No. 09-029]
A facility without the logistical support provided by a heliport
where helicopters take off and land. Helipads do not include facilities
for maintenance, repair, fueling, or storage of helicopters.
[Amended 4-28-2009 by Ord. No. 09-029]
A gainful occupation or profession engaged in by an occupant
of a dwelling unit as a use that is clearly incidental to the use
of the dwelling unit for residential purposes.
An oriental pipe used for smoking tobacco or similar inhalable
substances consisting of one or more long flexible stems connected
to a container of water or other liquid through which smoke is drawn
and cooled. Also called a hubble-bubble, kalian, nargile, or water
pipe.
[Added 7-27-2016 by Ord.
No. 16-030]
An establishment where patrons smoke tobacco or similar inhalable
substances from a communal hookah, nargile, or water pipe which is
placed at each table.
[Added 7-27-2016 by Ord.
No. 16-030]
An institution devoted primarily to the maintenance and operation
of facilities for the diagnosis, treatment, or care, for not less
than 24 hours in any week, of three or more unrelated individuals
suffering from illness, disease, injury, deformity, or other abnormal
physical conditions. The term "hospital," as used in this chapter,
does not apply to institutions operating primarily for treatment of
insane persons, drug addicts, alcoholics, or other types of cases
necessitating restraint of patients, and the term "hospital" shall
not include solely assisted or independent living facilities, convalescent
homes, nursing homes, shelters, or boardinghouses.
An establishment which is open to transient guests, in contradistinction
to a boardinghouse, rooming house, or lodging house, and is commonly
known as a "hotel" in the community in which it is located; and which
provides customary hotel services such as maid service, the furnishing
and laundering of linen, telephone and secretarial or desk service,
the use and upkeep of furniture, and bellboy service.
The percentage of a lot, which when viewed directly from
above, is covered by all impervious surfaces, or any part thereof.
For the purpose of calculating maximum impervious surface coverage,
primary structures, accessory structures, sidewalks, driveways, patios,
decks, swimming pools, open porches, outdoor tennis or basketball
courts or other similar such accessory uses shall be included. For
swimming pools, 50% of the total area (exclusive of patio, deck, pavement
or any impervious surface shall be included in this calculation toward
lot coverage).
[Amended 10-13-2009 by Ord. No. 09-065]
Any motor vehicle from which, for a period of seven days,
the engine, wheels, or other parts have been removed, or in which
the engine, wheels, or other parts have been altered, damaged, or
otherwise so treated that the vehicle is incapable of being driven
under its own motor power. "Inoperable motor vehicle" shall not include
a motor vehicle which has been rendered temporarily incapable of being
driven under its own motor power in order to perform ordinary service
or repair operations.
Specially planned, designed, and managed multiunit housing
for the elderly, with self-contained dwelling units. These communities
are typically designed to provide supportive environments for older
adults and to accommodate a relatively independent lifestyle. A limited
number of support services, such as meals, laundry, housekeeping,
transportation, and social and recreational activities may be provided.
This definition shall not include group homes, health clinics, hospitals,
or treatment facilities, as defined by this chapter.
[Amended 9-9-2008 by Ord. No. 08-048]
Civic, cultural, religious, or institutional uses which occur
within an enclosed building. Examples may include: government offices,
libraries, museums, community centers, post offices, fire/police/rescue
stations, hospitals, convention centers, service/fraternal clubs or
lodges, civic/social organizations, labor unions/organizations, political
organizations, charitable organizations, churches, synagogues, temples,
mosques, nonprofit organizations, educational institutions (including
schools, preschools, colleges and universities), and similar land
uses.
[Amended 9-9-2008 by Ord. No. 08-048]
Uses which display or conduct, entirely within an enclosed
building, the sale or rental of business-oriented products, equipment,
merchandise, or services that are non-personal and non-professional
in nature. Examples may include: duplicating or photocopying sales
and service; addressing, mailing, or stenographic sales and service;
locksmith shops; computer sales and service; employment agencies;
and similar land uses.
[Amended 9-9-2008 by Ord. No. 08-048]
The indoor recreation and entertainment use classification
applies to all uses which provide recreation or entertainment services
entirely within an enclosed building. Examples may include: skating
rinks, gymnastic facilities, sports training facilities, health/fitness
clubs, country club indoor facilities, and similar land uses.
[Amended 9-9-2008 by Ord. No. 08-048]
The indoor retail sales of goods use classification applies
to retail uses which display or conduct the sale or rental of merchandise
entirely within an enclosed building. Examples may include: antique
shops; furniture stores, hardware stores, grocery or food stores,
department stores, clothing/wearing apparel stores, bookstores, sporting
good stores, drugstores, pharmacies, florist shops and similar land
uses.
[Amended 9-9-2008 by Ord. No. 08-048]
An enclosed structure for the private use of the owners or
occupants of the premises within which equestrian activities involving
horses or training occur.
[Amended 9-9-2008 by Ord. No. 08-048]
An open area where junk, scrap, discarded or salvaged material
are brought, sold, exchanged, stored, baled, packed, disassembled,
or handled, including but not limited to scrap iron and other metals,
papers, rags, rubber tires and bottles. A junkyard includes automobile
wrecking or salvage yards, used lumber yards, and places for the storage
of salvaged steel materials, equipment and machinery.
Any premises or portion thereof on which more than five dogs,
cats, or other domestic animals over four months in age are kept,
groomed, boarded, bred, trained, cared for, or sold in return for
remuneration, or are kept for personal use.
That portion of the front yard of zoning lots of nonresidential
uses designated to grass, trees and low, living landscape material.
[Amended 9-9-2008 by Ord. No. 08-048]
Any combination of living plants (such as grass, ground cover,
shrubs, vines, hedges, or trees) and nonliving landscape material
(such as rocks, pebbles, sand, mulch, walls, fences, or decorative
paving materials).
Any place, building, structure, room, establishment, or portion
thereof having within such premises one or more self-service washing
machines, which are rented, leased, or hired out to the general public
for use upon such premises.
[Amended 9-9-2008 by Ord. No. 08-048]
Wholesale and warehouse establishments where products are
stored and distributed, and contain a limited retail sales component
where products can be sold "over the counter" to the general public.
Said uses must possess a State of Illinois Department of Revenue sales
tax identification number.[8]
[Amended 9-9-2008 by Ord. No. 08-048]
See "club."
A building or premises which must be licensed pursuant to
the Illinois Nursing Home Care Act (210 ILCS 45/1-101 et seq.). This
definition shall not include group homes, health clinics, hospitals,
or treatment facilities as defined by this chapter.
[Amended 9-9-2008 by Ord. No. 08-048]
A platted parcel of land intended to be separately owned,
developed and otherwise used as a unit.
The minimum area of a horizontal plane bounded by the front,
side and rear lot lines.
A lot which adjoins the point of intersection or meeting
of two or more streets, and in which the interior angle formed by
the street lines is 135° or less. If the street lines are curved,
the angle shall be measured at the point of intersection of the extensions
of the street lines in the directions which they take at the intersections
of the street line, with the side lot line and with the rear lot line
of the lot. If the street line is curved at its point of intersection
with the side lot line or rear lot line, the tangent to the curve
at that point shall be considered the direction of the street.
The percentage of a lot which, when viewed directly from
above, is covered by primary and accessory structures, driveways,
or any part thereof, excluding projecting roof sections. For the purpose
of calculating maximum lot coverage, sidewalks, patios, decks, swimming
pools, open porches, outdoor tennis or basketball courts, or other
similar accessory uses shall not be included.
[Amended 10-13-2009 by Ord. No. 09-065]
The distance between the midpoints of the front lot line
and the midpoint of the rear lot line.
The boundary of a lot along a public or private street.
A lot other than a corner lot.
A property boundary line of a lot.
The boundary between a lot and the street right-of-way on
which it fronts. On a corner lot, the front lot line shall be determined
as set forth in § 220-806B(2) of this chapter.[9]
The boundary of a lot which is most distant from, and is
most nearly parallel to, the front lot line or front lot lines.
Any boundary of a lot which is not a front lot line or a
rear lot line.
Any side lot line on a corner lot which is adjacent to a
street right-of-way.
The distance on a horizontal plane between the side lot lines
measured at right angles to the lot depth line at the established
front building line.
A lot which is part of a subdivision, the plat of which has
been legally recorded, or a parcel of land with a legally recorded
deed in accordance with the Illinois Plat Act (765 ILCS 205/0.01 et
seq.), as amended.
A parcel of land, composed of one or more recorded lots or
a parcel of land described by metes and bounds, that is of sufficient
size to meet the minimum district requirements of this chapter and
having frontage on an improved public street, and which is designated
by its owner or developer as a tract of land to be used, developed,
or built upon as a unit, under single ownership or control. A zoning
lot may or may not coincide with the definition of a "lot of record."
Single-family detached housing that is built to the National
Manufactured Housing Construction and Safety Standards Act of 1974
(41 U.S.C. § 5401 et seq.), and the regulations promulgated
thereunder. No manufactured home shall be constructed or equipped
with a permanent hitch or other device allowing it to be moved other
than for the purpose of moving to a permanent site, and no manufactured
home shall have any wheels or axles permanently attached to its body
or frame. For purposes of this chapter, regulations related to manufactured
housing shall also be applied to mobile homes.
A parcel of land under single ownership that has been planned
and improved for the placement of manufactured housing for dwelling
purposes.
Of, or relating to, concerning, or arising from the assembling,
fabrication, finishing, packaging, processing, repairing, storing,
cleaning, servicing, or testing of materials, goods or products.
[Amended 9-9-2008 by Ord. No. 08-048]
A roof-like structure of a permanent nature which projects
from the wall of a building and overhangs the public way.
A system of structured palpation or movement of the soft
tissue of the body. The system may include, but is not limited to,
techniques such as effleurage or stroking and gliding, petrissage
or kneading, tapotement or percussion, friction, vibration, compression,
and stretching activities. These techniques may be applied with or
without the aid of lubricants, salt or herbal preparations, hydromassage,
thermal massage, or a massage device that mimics or enhances the actions
possible by human hands. "Massage" does not include actions taken
by licensed acupuncturists, chiropractors, cosmetologists, aestheticians,
nail technicians, naprapaths, nurses, occupational therapists, physical
therapists, physicians, or podiatrists in a manner consistent with
applicable state licensing requirements, their training and the code
of ethics of their respective professions.
[Amended 9-9-2008 by Ord. No. 08-048]
An establishment having a fixed place of business where any
person, firm, association, or corporation receives compensation for
engaging in or carrying on or permitting to be engaged in or carried
on any of the activities constituting massage.
[Amended 9-9-2008 by Ord. No. 08-048]
The acquisition; administration; delivery; possession; transfer;
transportation; or use of cannabis to treat or alleviate a registered
qualifying patient's debilitating medical condition or symptoms associated
with the patient's debilitating medical condition as defined in 410
ILCS 130/10.
[Amended 1-14-2014 by Ord. No. 14-001]
A dish-like antenna manufactured in many sizes and shapes
used to link communications sites together by wireless transmission
of voice or data.
A convenience shopping establishment selling a limited stock
of food and related items to the general public. A mini-mart may be
located in an automobile service station as a special use or may be
freestanding (such as 7-11, White Hen Pantry, etc.).
The development or extraction of a mineral from its natural
occurrences on affected land.
[Amended 9-9-2008 by Ord. No. 08-048]
A factory-built structure transportable in one or more sections
which, in the traveling mode, is eight body feet or more in width
and 40 body feet or more in length, or when erected on the site is
320 or more square feet and which is built on a permanent chassis
and designed to be used as a dwelling, with or without a permanent
foundation, when connected to the required utilities, and includes
the plumbing, heating, air-conditioning and electrical systems contained
therein, being built prior to enactment of the National Manufactured
Home Construction and Safety Standards Act of 1974 as amended (41
U.S.C. § 5401 et seq.). No mobile home shall be constructed
or equipped with a permanent hitch or other device allowing it to
be moved other than for the purpose of moving to a permanent site.
A parcel or tract of land developed with facilities for locating
two or more mobile homes, provided each mobile home contains a kitchen,
flush toilet, and shower or bath and that such mobile home park shall
be for the use only by nontransient dwellers remaining continuously
for more than one month, whether or not a change is made. It shall
not include a sales lot in which motor vehicles or unoccupied trailers
are parked for the purpose of inspection or sale.
A building, or portion thereof, or a group of buildings which
provides sleeping accommodations without cooking facilities for transients
on a daily or weekly basis, not more than 10% of which shall be occupied
by other than persons staying for less than one week, whether such
establishments are designated as a hotel, inn, automobile court, motel,
motor inn, motor lodge, tourist court or otherwise.
A building or area in which freight brought by truck is assembled
and/or stored for routing in intrastate and interstate shipment by
truck or in which semi-trailers, including tractor and/or trailer
units, and other trucks are parked or stored.
Every building or other structure kept, used, maintained,
advertised and held out to the public as a place permitting any amusements
such as and including but not limited to live musical performances,
vaudeville, acting, comedy, dancing or contests.
[Added 7-10-2019 by Ord.
No. 19-030]
The gross acreage minus the acreage devoted to existing street
rights-of-way, stormwater retention and detention basins, bodies of
water, public parks, school sites, municipal sites, wetlands, floodplains,
and areas with slopes greater than 12%.
A building or structure, or portion thereof, lawfully existing
at the time of the adoption of this chapter, or any subsequent amendment
thereto, which was designed, erected, or structurally altered after
the effective date of this chapter for a use that does not conform
to the use regulations of the district in which it is located.
[Amended 4-27-2016 by Ord. No. 16-010]
A lot that lawfully existed prior to the enactment of the
requirements of this chapter, or any subsequent amendment thereto,
but which does not meet the minimum lot size or lot width requirements
of the zoning district in which it is located.[10]
[Amended 4-27-2016 by Ord. No. 16-010]
An antenna that is equally effective in all directions and
whose size varies with the frequency and gain for which it was designed.
An open or enclosed area other than a street, used for the
loading and unloading of goods or materials from motor vehicles and
trailers.
A space within a public or private parking area designed
in accordance with the requirements of this chapter.
A building in which patrons may wager on horse, harness or
greyhound racing that is not located within a race track.
[Added 7-10-2019 by Ord.
No. 19-030]
A lot or parcel of land used or occupied for the purpose
of buying, selling, renting, or trading of goods and commodities,
including the storage of same prior to rental, sale or exchange.
All land or water areas not occupied by buildings, roads,
parking, or private open areas. It includes parkland and play areas,
community garden plots, and service areas dedicated to the public
or designated or reserved for the sole use and enjoyment of the people
having a common proprietary interest in the development. Land required
by this chapter to remain as open space may be used for recreation,
resource protection, underground utility, and amenity and buffer area
purposes. Where open space is part of a park and/or school dedication,
the entire parcel so dedicated shall be considered as open space.
An appropriately sized and usable open space area capable
of comfortably supporting one or more active recreational activities,
such as playground, ball fields, tennis courts, swimming pools, recreation
buildings, jogging trails/fitness courses, detention basins designed
for recreational use and other miscellaneous activities.
Land that is devoid of structures, other than recreational
and pedestrian facilities and uses accessory thereto, and which is
suitable for active and passive recreational activities. Common open
space specifically excludes parking lots; street rights-of-way; front,
rear and side yard setbacks if buildings and lots are subdivided and
individually owned; private yard use areas; school sites; and retention
ponds, unless they are capable of sustaining water-based recreation.
Any publicly owned open area, including, but not limited
to, the following: playgrounds, forest preserves, beaches, waterways,
parkways, and streets.
Uses which involve recreational activities or provide entertainment
services partially or wholly outside of an enclosed building, on public
or private property. Examples may include: arboretums, natural areas,
open grassed areas, picnic areas, picnic shelters, gardens, fishing
areas, country clubs, play courts (tennis, basketball, etc.), tot
lots, outdoor swimming pools, swimming beach areas, fitness courses,
golf courses, driving ranges, hiking/biking/cross country ski trails,
horse trails, pet walking areas, miniature golf facilities, amusement
parks, go-kart tracks, racetracks, and similar land uses.
[Amended 9-9-2008 by Ord. No. 08-048]
An area of designated size used as a seating area with tables
and chairs, associated with a contiguous restaurant and including
the sale of food to patrons.
[Amended 9-9-2008 by Ord. No. 08-048]
The keeping, in an unenclosed area, of any goods, equipment,
junk, material, merchandise, or vehicles in the same place for more
than 48 hours.
[Amended 4-27-2016 by Ord. No. 16-010]
Any establishment selling beer, wine or alcoholic liquor
at retail to the general public in sealed bottles, or other sealed
containers, for consumption or use away from the premises from which
it is sold.[11]
[Amended 9-9-2008 by Ord. No. 08-048]
Material other than water which is suspended in or discharged
into the atmosphere in a finely divided form as a liquid or solid.
An establishment, in whole or in part, loans money on deposit
of personal property or deals in the purchase or possession of personal
property on condition of selling the same back again to the pledger
or depositor.
[Added 7-10-2019 by Ord.
No. 19-030]
Any individual, firm, or corporation, public or private,
the State of Illinois and its agencies or political subdivisions,
and the United States of America, its agencies and instrumentalities,
and any agent, servant, officer or employee of any of the foregoing.
An establishment offering specialized services and related
merchandise for personal needs including barber shops, hair salons,
spas, shoe repair, tailor shops, and travel offices. They also include
microblading or eyebrow embroidery as an accessory to salon treatments
and makeups. Personal services do not include massage establishments,
body piercing and tattooing establishments, which are separately defined
by this chapter.
[Amended 9-9-2008 by Ord.
No. 08-048; 9-27-2017 by Ord. No. 17-060]
A parcel of land or contiguous parcels of land initially
under the ownership of one landowner or a group of landowners in common
agreement with respect to development as a single entity compatible
with the development of adjacent parcels. A planned unit development
(PUD) contains two or more principal buildings and one or more principal
uses, planned and constructed as a unified development, where certain
regulations of this chapter for the district where it is located are
modified.
[Amended 9-27-2017 by Ord. No. 17-060]
A body of water with a depth that exceeds 2.5 feet.
A roofed-over structure projecting out from the wall or walls
of a main structure and commonly open to the weather in part.
A structure in which a principal use of the lot on which
the structure is located is conducted.
An imaginary line at the edge or boundary of a zoning lot
or a line at the boundary of a lot of record.
All open public streams and lakes capable of being navigated
by watercraft, in whole or in part, for commercial uses and purposes,
and all lakes, rivers, and streams which in their natural condition
were capable of being improved and made navigable, or that are connected
with or discharge their waters into navigable lakes or rivers within
or upon the borders of the State of Illinois, together with all bayous,
sloughs, backwaters, and submerged lands that are open to the main
channel or body of water directly accessible thereto.
Any person, firm, or corporation duly authorized to furnish,
under regulation, to the public electricity, gas, steam, telephone,
telegraph, transportation, water, and sewer systems, excluding wireless
telecommunications facilities.
Any sidewalk, street, alley, highway, or other public thoroughfare.
A person who has been diagnosed by a physician as having
a debilitating medical condition as defined in 410 ILCS 130/10.
[Amended 1-14-2014 by Ord. No. 14-001]
A supporting structure that is:
An existing structure, if the height of the facility, including
the structure, is not more than 15 feet higher than the structure
just before the facility is installed; or
A substantially similar, substantially same-location replacement
of an existing structure, if the height of the facility, including
the replacement structure, is not more than 15 feet higher than the
height of the existing structure just before the facility is installed.
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.
A building or use of land, operated with or without membership
requirements, for entertainment or sport, delivered directly to the
consumer; including, but not limited to, skating rinks, bowling alleys,
pool halls, racquet clubs, swim clubs, indoor or outdoor golf centers,
miniature golf courses, amusement arcades, or indoor archery.
Any vehicle used or so constructed as to permit it being
used as a conveyance upon the public streets and highways, and licensable
as such, which is constructed in such a manner that will permit occupancy
as a dwelling or sleeping place for one or more persons, including
also a self-propelled vehicle having a body designed as living quarters.
A land surveyor registered in the State of Illinois under
the Illinois Land Surveyors Act (225 ILCS 330/1 et seq.).
An engineer registered in the State of Illinois under the
Illinois Professional Engineering Practice Act (225 ILCS 325/1 et
seq.).
Any change in a structure, including a structural alteration
(other than incidental repairs and normal maintenance) which may prolong
its useful life, or the useful life of its supporting members such
as bearing walls or partitions, columns, beams, girders, or foundation;
or the construction of any addition to, or enlargement of, a structure;
or the removal of a structure.
A building or group of buildings in which is located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
Off-street parking space or lot areas allocated to temporary
standing motor vehicles awaiting entrance to a particular establishment.
Day-care center, day-care home or group care home.
Private home for the care of children or the aged or infirm
or any other persons in need of nursing care. Such a home does not
contain equipment for surgical care or for treatment of disease or
injury, and is not primarily designed for mental patients or alcoholics.
A business where the dispensing of edible foodstuff and/or
beverages on the premises is the principal business operation; including
cafeterias, coffee shops, lunch rooms, tearooms and dining rooms,
but not including a drive-in restaurant.
A restaurant whose principal business operation is the dispensing
of edible foodstuff and/or beverages without full table services.
Food sold may be eaten at indoor seating (without table service),
in automobiles, at outdoor tables, or at stand-up counters, or to
be carried off the premises. One or both of the following conditions
shall prevail:
[Amended 9-9-2008 by Ord. No. 08-048]
A public eating house where full table service is the primary
business.
The display and sale of products and services primarily outside
of a building or structure.
Sale of goods or services to the ultimate consumer for direct
consumption and not sold at wholesale or for resale.[12]
A structure for the display and sale of agricultural products,
with no space for customers within the structure itself.
A public or private institution which offers instruction
in any of the branches of learning and study comparable to that taught
in the public schools under the Illinois schools laws, including prekindergarten,
elementary school, and junior and senior high school, but excluding
trade, business, or commercial schools.
Decorative fencing or vegetation maintained for the purpose
of concealing from view the area behind such fencing or vegetation.
A group of commercial establishments located on the same
parcel of land, not having interior access to each individual establishment.
A group of commercial establishments located under one roof
and having interior access to each individual establishment.
Any writing (including letters, words or numerals), pictorial
representation (including devices, symbols or trademarks), flag, banner,
streamer, pennant, string of lights, or display calculated to attract
the attention of the public for purposes of advertising services,
displays, products, image or corporate identity, or any other figure
of similar character which:
[Amended 4-27-2016 by Ord. No. 16-010]
A lot or parcel of land, or a contiguous combination thereof,
where grading work is performed as a single unified operation.
Altering terrain and/or vegetation and construction improvements.
A drawing that shows the boundaries of a parcel of land,
the topography, important landscape elements that impact design (such
as a large oak tree), and the placement of all anticipated major improvements,
including buildings, roads and driveways, storm and sanitary sewer
lines, and utility connections.
[Added 9-27-2017 by Ord.
No. 17-060]
The gases, particles or vapors released into the air as a
result of combustion, electrical ignition or vaporization when the
apparent or usual purpose of the combustion, electrical ignition or
vaporization is human inhalation of the by-products, but excluding
incense or similar products inhaled solely for olfactory purposes
so long as the products do not contain nicotine or tobacco. The term
"smoke" includes but is not limited to tobacco smoke, electronic cigarette
vapors and marijuana smoke. The term "smoke" does not include the
product of combustion of incense or similar products which do not
contain tobacco or nicotine, when used solely for olfactory purposes.
[Added 7-27-2016 by Ord.
No. 16-030]
A retail establishment that devotes 15% or more of its total floor space to prepackaged products intended or designed for use in ingesting, inhaling or otherwise introducing tobacco or controlled substances into the human body, including but not limited to tobacco products, smoking oils and extracts, electronic cigarettes which contain nicotine and emit smoke or vapor, and smoking accessories, excluding all of those items which are defined as drug paraphernalia in Article II Drug Paraphernalia, of Chapter 155, Public Safety, of the Code of the Village of Homer Glen. Herbal and nicotine-containing products which do not generate smoke and incense used solely for olfactory purposes and not containing tobacco or nicotine are not included in this definition. A smoke shop shall not include the on-site mixing and/or manufacturing of tobacco, smoking oils and extracts, or any similar component substances. A smoke shop shall not include any on-site sampling of any tobacco, smoking oils and extracts, or any similar component substances, without being deemed a smoking lounge.
[Added 7-27-2016 by Ord.
No. 16-030]
A business establishment that is dedicated, in whole or in part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as cigar lounges, tobacco clubs, tobacco bars, etc. [collectively referred to as "smoking lounge(s)"]. Hookah bars, hookah cafes, and hookah lounges are not included in this definition, as hookah pipes and related devices are defined as drug paraphernalia in Article II, Drug Paraphernalia, of Chapter 155, Public Safety, of the Code of the Village of Homer Glen.
[Added 7-27-2016 by Ord.
No. 16-030]
Any temporary occurrence conducted or sponsored by an organization,
entity, association or group, involving a display, demonstration,
performance, exhibition, or amusement which includes, but is not limited
to, festivals, concerts, carnivals, arts and craft shows, fireworks
displays, sporting events, socials, parties, parades, rallies, and
the like, excluding regularly scheduled sporting events conducted
on property where such events are normally held.
Any type of equipment used to transport people in the performance
of recreational activities, including but not limited to snowmobiles,
all-terrain vehicles, jet-skis, personal watercraft, canoes, boats,
go-karts, dirt bikes, motorcycles, or aircraft.
An accessory building designed or arranged for the sheltering
of horses, mules, donkeys, ponies, or llamas for the private use of
the owners or occupants of the premises. A private stable may include
the boarding of up to three horses for remuneration.
[Amended 9-9-2008 by Ord. No. 08-048]
A structure or place where horses, mules, donkeys, or ponies
are kept for riding, feeding, training, driving, boarding, housing
or stabling for compensation or as an incidental part of any club,
association, ranch or similar establishment, or any other stable which
does not meet the definition of "private stable" as set forth herein.
A commercial stable may include the provision of riding facilities
and academies.
Any river, creek, brook, branch, flowage, ravine, or natural
or man-made drainageway which has a definite bed and banks or shoreline,
in or into which surface water or groundwater flows, either perennially
or intermittently.
A public or private thoroughfare used, or intended to be
used, for passage or travel by motor vehicles. Streets are further
classified by the functions they perform. See also "street, arterial";
"street, major collector"; and "street, minor."[13]
A federal, state, or county marked route normally having
four lanes for traffic and some form of median marker or may be a
Village-designated "arterial street" in the adopted Comprehensive
Plan. Parking may be banned; a street used, or intended to be used,
primarily for fast or heavy through traffic providing for the expeditious
movement of through traffic into, out of, and within the community.
Arterial streets shall be located to minimize the penetration of such
streets through existing and proposed residential areas. Arterial
streets shall be designed to convey an average daily traffic (ADT)
of 10,000 and greater.
A street used, or intended to be used, to carry traffic from
minor streets to the system of arterial streets, including principal
entrance streets to residential developments and/or activity/employment
centers. Collector streets shall be designed to convey an average
daily traffic (ADT) of between 5,000 and 10,000.
A street used, or intended to be used, primarily to access
abutting properties. Residential minor streets designed as either
looped or through streets shall be designed so that no section conveys
an average daily traffic (ADT) in excess of 500. Residential minor
land access streets designed as permanent culs-de-sac shall be designed
so that no section conveys an average daily traffic (ADT) greater
than 250.
Any activity which removes the vegetative surface cover,
including tree removal, clearing, and storage or removal of topsoil.
Anything constructed or erected on or below the ground, including
the construction, reconstruction or placement of a building or any
addition to a building.
Any structure having no party wall or common wall with another
structure. Bridges, tunnels, breezeways and other similar means of
connecting one structure to another shall not, for the purposes of
this chapter, be considered to constitute a party wall or a common
wall.
A building enclosed by a permanent roof and solid exterior
walls with preplanned constructed windows, doors and other appropriate
openings.
Except as hereinafter provided, a temporary structure is
a structure designed for a limited period of time or tenure on a zoning
lot.
A building is considered substantially damaged when it sustains
damage from any cause (fire, flood, earthquake, etc.), whereby the
cost of fully restoring the structure would equal or exceed 50% of
the pre-damage market value of the structure, regardless of the actual
repair work performed.[14]
A structure, whether an antenna tower or another type of
structure, that supports one or more antennas as part of a facility.
Any structure, basin, chamber, or tank containing an artificial
body of water for swimming or wading, having a depth of two feet or
more at any point, including but not limited to inflatable pools.
Any swimming pool located on private residential property,
the use of which is intended for the owner and guests.
An artificial basin of water which has been modified, improved,
constructed, or installed for the purpose of public swimming and includes
pools for community use, pools at apartments having five or more living
units, clubs, camps, schools, institutions, park and recreation areas,
motels, hotels, and other commercial establishments.
An establishment whose principal business activity, either
in terms of operation or as held out to the public, is the practice
of placing designs, letters, figures, symbols, or other marks upon
or under the skin of any person, using ink or other substances that
result in the permanent coloration of the skin by means of the use
of needles or other instruments designed to contact or puncture the
skin.
[Amended 9-9-2008 by Ord. No. 08-048]
An establishment used primarily for the serving of liquor
by the drink to the general public for on-site consumption and where
food or packaged liquor may be served or sold only as accessory to
the primary use.
A telecommunications carrier as defined in the Public Utilities
Act (220 ILCS 5/1-101 et seq.) as of January 1, 1997.
A specific device, the surface of which is used to transmit
and/or receive electromagnetic waves or other signals transmitted
to or from other antennas for commercial purposes.
[Amended 9-9-2008 by Ord. No. 08-048]
An advertising device of a nonpermanent type, used principally
for commercial purposes.
A structure without any foundation or footings and that is
removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.[15]
The person, including the family thereof, that is hired to
operate a farm; normally not the owner of the farm.
A level plane or platform which, for the purpose of this
chapter, is located adjacent to one or more faces of the principal
structure and which is constructed not more than four feet in height
above the average level of the adjoining ground.
[Amended 10-28-2020 by Ord. No. 20-053]
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including self-supporting
lattice towers, guy towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like.
A vehicle standing on wheels or on rigid supports which is
used for transporting boats, cargo, or property.
Improvements and facilities associated with bus, rail, or
other modes used primarily to move passengers, including bus stations,
railroad stations, rail yards, and areas for passenger parking, pickup,
drop off, and waiting.
[Amended 9-9-2008 by Ord. No. 08-048]
An area that separates two incompatible uses dedicated to
grass, trees and landscape material.
[Amended 9-9-2008 by Ord. No. 08-048]
A building or premises used for the provision of any service
licensable under the Illinois Alcoholism and Other Drug Abuse and
Dependency Act (20 ILCS 301/1-1 et seq.), including but not limited
to emergency, outpatient, intermediate and residential service or
care.
[Amended 9-9-2008 by Ord. No. 08-048]
The principal land use for trucking operations where there
are dock facilities, either partially enclosed or enclosed for the
purpose of transferring goods or breaking down and assembling tractor-trailer
transport.
[Amended 9-9-2008 by Ord. No. 08-048]
The combination of two or more tracts of land wherein each
owner has agreed that his or her tract of land shall be developed
as part of a planned unit development and shall be subject to the
control applicable to the planned development.
The purpose or activity for which the land, or building thereon,
is designed, arranged or intended, or for which it is occupied or
maintained.
Any lawfully established use of a building or premises which,
on the effective date of this chapter, does not comply with all of
the applicable use regulations of the zoning district in which such
building or premises shall be located.
The main use of land or buildings as distinguished from a
subordinate or accessory use. The principal use may be either a permitted
or a special use.
A use that may not be appropriate in certain locations based
on potential negative impacts associated with the use and requires
approval of a special use permit.
[Amended 9-27-2017 by Ord. No. 17-060]
Any activity or use designed, built, conducted, erected or
occupied for short and/or intermittent periods of time and shall include
but not be limited to garage sales, tents, lunch wagons, dining cars,
trailers, and other roofed structures on wheels or other supports
used for business, storage, industrial, institutional, assembly, educational
or recreational purposes.
A zoning lot on which two or more used or new cars, trailers,
or trucks are displayed for sale or trade outside of buildings.
Land on which there are no structures or only structures
which are secondary to the use or maintenance of the land itself.
A dispensation permitted on individual parcels of property
as a method of alleviating unnecessary hardship by allowing a reasonable
use of the building, structure or property, which, because of unusual
or unique circumstances, is denied by the terms of this chapter.
A building or structure, or part thereof, used principally
for the storage of goods and merchandise.
A structure or structures designed and used exclusively for
the storage of personal property, including a caretaker's residence
and office.
Areas that:
Are inundated or saturated by surface water or groundwater at
a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions, and are subject to the regulations
of the U.S. Army Corps of Engineers under Section 404 of the Clean
Water Act; or
Are otherwise defined as "wetlands" under the ordinances of
the Village.
Sale to retailers or jobbers for resale and not for direct
consumption.
An unstaffed facility used for transmitting or receiving
waves or signals for radio, television, cellular, paging, personal
wireless, personal telecommunications or other communications services,
including antennas, towers, support structures other than towers,
and ancillary buildings.
An open space on the same zoning lot with a principal building
or group of buildings which is unoccupied and unobstructed from its
lowest level upward, except as otherwise permitted in this chapter,
and which extends along a lot line and at right angles thereto, to
a depth or width specified in the yard regulations for the district
in which the zoning lot is located.
A yard along the front lot line of a lot where the depth
is equal to the length of the line establishing the building setback
line.
A yard extending across the full width of the rest of the
lot between the side yards. Double-frontage and reverse-corner lots
will have no rear yard.
A yard extending along a side lot line from the front yard
to the rear yard.
A certificate issued by the Zoning Officer certifying that
any proposed use, building, or structure to be located on a lot is
in accordance with all of the regulations of this chapter.
The individual appointed by the Village President, by and
with the consent of the Village Board, to administer and enforce the
Zoning Ordinance of the Village.
The map or maps incorporated into this chapter as part hereof,
designating zoning districts.
[3]
Editor's Note: The definition of "appropriate use," which
immediately followed this section, was repealed 4-27-2016 by Ord.
No. 16-010.
[4]
Editor's Note: This ordinance also repealed former definitions
"automobile body shop," added 7-10-2019 by Ord. No. 19-030, and "automobile
repair and service, amended 7-10-2019 by Ord. No. 19-030.
[10]
Editor's Note: The definition of "nonconforming use," which
immediately followed this definition, was repealed 4-27-2016 by Ord.
No. 16-010. See now the definition of "use, nonconforming" below.
[11]
Editor's Note: The definition of "parking, reservoir," which
immediately followed this section, was repealed 4-27-2016 by Ord.
No. 16-010.
[12]
Editor's Note: The definition of "retention/detention facility,"
which immediately followed this section, was repealed 4-27-2016 by
Ord. No. 16-010.
