For the purposes of these regulations, certain words and terms are
defined within this Code. Any word not defined within this section
or not defined within another section of the Land Development Code
shall be construed in their generally accepted meanings as defined
in the most recent publication of the Merriam-Webster Dictionary:
[Amended by Ord. 5312, 7-16-2018]
A.A.S.H.T.O.
The American Association of State Highway and Transportation
Officials.
ABUTTING
Having property boundaries or lot lines in common with, but
not being separated by a street or alley.
ACCESSORY
A use, building or structure, or part of a building or structure
which:
1.
Is subordinate to and serves the principal building or structure
or principal use;
2.
Is subordinate in area, extent, or purpose to the principal
building or structure or principal use served;
3.
Contributes to the comfort, convenience, or necessity of occupants
of the principal building or principal use;
4.
Is located on the same lot as the principal building or structure
or principal use served, with the exception of such accessory off-street
parking facilities as are permitted to locate elsewhere than on the
same lot as the building or use served;
5.
Is not a home occupation or storage for a business.
ADAPTIVE REUSE
The process of adapting a building to a use other than that
for which it was originally designed, such as a residence converted
into offices. This may involve restoration and/or rehabilitation,
and may be accomplished with varying changes to the appearance of
the structure from minimal to major.
[Ord. 4143, 6-5-2006]
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin operated, slug-operated, or for any form of consideration, or
electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, video or laser disc players,
or other image producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of "specified sexual activities" or "specified anatomical
areas".
[Ord. 4926, 9-15-2014]
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
Any commercial establishment which has as a significant or
substantial portion of its stock-in-trade or derives a significant
or substantial portion of its revenues or devotes a significant or
substantial portion of its interior business or advertising to the
sale or rental, for any form of consideration, of any one or more
of the following:
1.
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes, slides, or other visual representations
which are characterized by the depiction of description of "specified
sexual activities" or "specified anatomical areas".
2.
Instruments, devices, or paraphernalia which are designed for
use or marketed primarily for the stimulation of human genital organs
or for sadomasochistic use or abuse of themselves or others.
3.
An establishment may have other principal business purposes
that do not involve the offering for sale, rental or viewing of materials
depicting or describing "specified sexual activities" or "specified
anatomical areas" and still be categorized as adult bookstore, adult
novelty store or adult video store so long as one of its principal
business purposes is offering for sale or rental, for some form of
consideration, the specified materials which depict or describe "specified
anatomical areas" or "specified sexual activities".
[Ord. 4926, 9-15-2014]
ADULT CABARET
A restaurant or similar commercial establishment, which regularly
features: a) persons who appear in a state of nudity or semi-nude;
or b) live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities";
or c) films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas".
[Ord. 4926, 9-15-2014]
ADULT DAY CARE CENTER
Also classified as day care centers, means an individual,
agency or organization which regularly provides adult or senior companion
services and care on a regular basis for less than 24 hours per day
for one or more seniors. Services may include, but are not limited
to providing companionship in social interactions, peer counseling,
fostering client contact with family and friends, assisting clients
in applying for public services, addressing unmet needs with community
leaders, healthcare professionals and other care providers, health
monitoring, medication supervision, personal care and recreational/educational/therapeutic
activities. Adult Day Care Centers must comply with all applicable
state and federal laws, and be registered, if required, with the Illinois
Department on Aging or other applicable State agency.
[Ord. 4880, 2-3-2014]
ADULT MOTION PICTURE THEATRE
Any commercial establishment used regularly and routinely
for presenting films, motion pictures, video cassettes, slides or
similar photographic reproductions having as a dominant theme material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas" for observation by patrons therein.
[Ord. 4926, 9-15-2014]
ADULT USE RETAIL AREA
An area of a commercial retail establishment dedicated to
the sale of adult use retail items. Adult use retail areas cannot
exceed 15% of the gross retail floor area and must be segregated from
the retail floor space by walls and doors to prevent access, visibility
and sales to minors. If the adult use retail area exceeds 15% of the
gross retail floor area, the commercial retail establishment will
be considered an adult use.
[Ord. 4647, 5-16-2011]
ADULT USES
Any private or public establishment or business that regularly
offers on its premises entertainment, which is characterized by the
depiction or description of nudity, "specified anatomical areas" or
"specified sexual activities" and that derives a significant or substantial
portion of its revenues from said entertainment. Adult uses shall
include adult arcade, adult bookstores, adult novelty store or adult
video store, adult motion picture theatres, adult cabarets and commercial
establishments where the adult use retail area exceeds 15% of the
gross retail floor area.
[Ord. 4926, 9-15-2014]
ADVANCED MANUFACTURING AND ASSEMBLY
Any manufacturing and assembly housed entirely within a building,
including Business Incubator Facilities, relating to the use or application
of advanced manufacturing technologies, precision tooling (including
3-D Printing), equipment and process technologies, environmental and
energy technologies and information technology. It often requires
a high level of unique skill training that is specific to each company.
[Ord. 5168, 2-20-2017]
AGGRIEVED PARTY OR PERSON
A person whose legal right has been invaded or infringed,
or whose pecuniary interest is directly affected, by a government
act complained of.
ALLEY
A private or public right-of-way which affords secondary
means of vehicular access to abutting properties, but which does not
include a street, utility easement or railroad right-of-way.
ALTERATION
Any act or process which changes the "exterior architectural
appearance" of an improvement or modifies a site designed for preservation
as an historic landmark or within a historic preservation district.
ANIMAL RUN
A completely enclosed fenced area for the exercising and/or
containment of a domestic animal.
ANIMAL SERVICES
1.
Any business or establishment providing services to animals
for a time period of more than four hours. Examples include:
a.
Any premises where more than three domestic animals over one
year of age are kept.
b.
Any premises where one or more domestic animals are maintained,
boarded, bred or cared for in return for remuneration, or are kept
for the purpose of sale.
c.
Animal Hospitals and Veterinarian Clinics.
d.
Kennels provided they are located a minimum of 300 feet from
any residential zoning district, measured from the closest run or
kennel to the nearest residential property line.
e.
Animal Shelters provided they are located a minimum of 300 feet
from any residential zoning district, measured from the closest run
or kennel to the nearest residential property line.
f.
Pet shops with designated outdoor exercise areas or enclosures,
provided all designated outdoor areas are located a minimum of 300
feet from any residential zoning district.
2.
Exemptions. Any premises five acres or more in area used for
a single family detached dwelling, agricultural, institutional, or
recreational use where more than three such domestic animals owned
by the occupant of the principal use are kept, bred and offered for
sale shall not be considered an animal hospital, kennel, boarding
or shelter.
3.
For animal services less than four hours, see the Personal Service
Establishment definition.
4.
For pet shops without designated outdoor exercise areas or enclosures,
see the Commercial Retail Establishment definition.
[Ord. 4434, 12-1-2008; amended by Ord. 4664, 8-1-2011; Ord. 5389, 3-4-2019]
ANTENNA
Any structure or device used to collect or radiate electromagnetic
waves, including both directional antennas, such as panels, microwave
dishes and satellite dishes, and omnidirectional antennas, such as
whips.
[Ord. 3168, 9-8-1998]
APPLICANT
A person who has filed an application for development approval
under the provisions of these regulations. See also petitioner.
[Ord. 4434, 12-1-2008]
APRON
That portion of a privately maintained driveway lying within
the dedicated street right-of-way or private street right-of-way.
ARBOR
An open landscaping structure that may serve as a passage
which is designed and intended to support vegetation and which may
include lattice work.
[Ord. 5167, 2-20-2017]
ARCHAEOLOGICAL SIGNIFICANCE
Importance as an area, site, place or landscape that has
yielded or is likely to yield information concerning past patterns
of human settlement, or artifacts or information concerning previous
cultures in Orland Park or previous periods of the present culture.
Area, sites or landscapes of archaeological significance may include,
but are not limited to, campsites, burial grounds, historic or prehistoric
ruins, foundations, or other locations.
ARCHITECTURAL FEATURE, EXTERIOR
The general arrangement and components of all of the outer
surfaces of a building, structure, or object, including, but not limited
to the color and texture of the building material and the type and
style of all windows, doors, lights, signs and other fixtures appurtenant
to a building or structure.
[Ord. 4143, 6-5-2006]
ARCHITECTURAL SIGNIFICANCE
A historic building, structure or object that:
[Ord. 4143, 6-5-2006]
1.
Is associated with a noted architect, builder or architectural
firm whose individual work has influenced the development of the area;
or
2.
Is associated with the lives of persons significant in local,
state or national past; or
3.
Is one of the few remaining examples of a particular architectural
style, period, or method of construction that was once prevalent and
that reinforces the architectural significance of the area.
ARRAY
A set of antennas for one service or service provider that
is placed on a structure at a given height above ground, and spaced
so as to avoid interval interference. An array is often sectored into
three directions and separated vertically from another service or
another service provider's array when collocated on the same structure.
[Ord. 3168, 9-8-1998]
AUTO-ROW LANDSCAPE CORRIDOR
Any parcel occupied by a Village-licensed auto- dealership
with frontage along an arterial roadway.
[Ord. 5061, 1-18-2016]
AUTOMOBILE
A two-axle motor vehicle, including a pick-up truck or van,
designed and used primarily for the conveyance of not more than nine
persons.
BALCONY
A platform which projects from the exterior wall of a building
above the ground floor of the building, is exposed to the open air,
has direct access to the interior of the building, and is not supported
by posts or columns extending to the ground.
BERM
A man-made hill or contour of land that acts as a landscaping
or grading feature or that is intended as a visual and/or sound barrier
between a lot and adjacent properties, alleys or streets.
[Ord. 3837, 12-1-2003]
BEST MANAGEMENT PRACTICE
An effective integration of stormwater management systems,
with appropriate combinations of landscape conservation, enhancement,
structural controls, impervious cover, schedules of activities, prohibitions
of practices, maintenance procedures, and other management practices
that provide an optimum way to convey, store, and release run-off,
in order to reduce peak discharge, remove pollutants, and enhance
the environment.
[Ord. 4434, 12-1-2008]
BICYCLE LANE
A portion of a roadway which has been designated by striping
or signing and pavement markings for the preferential or exclusive
use of bicyclists for recreational purposes.
BICYCLE PATH
A bikeway physically separated from motorized vehicular traffic
by an open space or barrier and either within the highway right-of-way
or within an independent right-of-way.
BICYCLE ROUTE
Any road, path, or way which in some manner is specifically
designated with appropriate directional and informational markers,
with or without specific bicycle route number.
BILLBOARD
An off-premises free-standing identification sign.
BIOSWALE
A gently sloped landscaped swale generally designed to retain
and temporarily store specific quantities of stormwater runoff, which
typically are planted with native vegetation to enhance infiltration,
filtration, and pollutant removal from surface runoff water.
[Ord. 5061, 1-18-2016]
BLOCK
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, or other
lines of demarcation.
BODY PIERCING (PER ILLINOIS STATE STATUTE 410 ILCS 54/1)
Penetrating the skin to make a hole, mark, or scar that is
generally permanent in nature. "Body piercing" does not include practices
that are considered medical procedures or the puncturing of the outer
perimeter or lobe of the ear using a pre-sterilized, single-use stud
and clasp ear piercing system.
[Ord. 4574, 7-6-2010]
BUFFER
A combination of vegetation, fencing and open space which
is used to separate land uses.
BUFFERYARD
The required installation of landscaping and screening materials
between zoning districts and certain land uses.
[Ord. 4434, 12-1-2008]
BUILDING
A temporary or permanent structure that has a roof supported
by walls and which can be used to shelter, house, or enclose persons,
animals or goods.
BUILDING ELEVATIONS
Architectural plans or drawings prepared to scale and fully
dimensioned, illustrating the exterior design and character of the
building, construction types, specific building materials, and colors
on all four sides of the proposed structure.
[Ord. 5476, 1-20-2020]
BUILDING FOOTPRINT
The horizontal area measured within the outside of the exterior
walls of the ground floor of the main building.
[Ord. 4434, 12-1-2008]
BUILDING HEIGHT
The vertical distance from grade plane to the average height
of the highest roof surface. Chimneys, towers, spires, elevator penthouses,
cooling towers and similar customary accessory structures and equipment,
other than signs, shall not be including in calculating building height.
[Ord. 3837, 12-1-2003; amended by Ord. 4434, 12-1-2008]
BUILDING MOUNTED/CO-LOCATION
A system or device that is located on an existing structure
including buildings, monopoles, lattice towers, light poles etc.
[Ord. 4594, 10-18-2010]
BULK
The term used to indicate the size and setback of buildings
or structures, and the location of buildings or structures with respect
to one another, and includes the following: (a) size and height of
buildings; (b) location of exterior walls at all levels in relation
to lot lines, streets, or to other buildings; (c) floor area ratio;
(d) all open space allocated to buildings; and (e) amount of lot area
and lot width provided per dwelling unit.
BUSINESS
An occupation, employment or enterprise which occupies time,
attention, labor and materials, or wherein merchandise is sold or
where services are offered.
BUSINESS INCUBATOR FACILITIES
A facility and/or program, managed by public and/or private
agencies, used for the start-up and growth of one ore more small businesses,
typically providing rental space with common areas and shared resources
(e.g., clerical staff, office equipment, etc.).
[Ord. 5168, 2-20-2017]
CANDLEPOWER
The amount of light that will illuminate a surface one foot
distant from a light source to an intensity of one footcandle. The
maximum (peak) candlepower is the largest amount of candlepower emitted
by a lamp, light source or luminaire.
CANOPY or AWNING
A permanent roof-like shelter which may be freestanding or
extending from part or all of a building face and is constructed of
some durable material such as metal, glass or plastic.
CAR WASH
See motor vehicle services.
[Ord. 4434, 12-1-2008]
CERTIFICATE OF APPROPRIATENESS
A certificate from the Board of Trustees authorizing plans
for alterations, construction, removal or demolition of an improvement(s)
within its jurisdiction as defined by these regulations.
CLINIC
See medical office.
[Ord. 4434, 12-1-2008]
CLUB or LODGE
A private, not-for-profit association, corporation, or other
entity consisting of persons who are bona fide paying members and
which owns, leases or uses a building or portion thereof, the use
of such premises being restricted primarily to members and their guests.
CO-LOCATION
The placement of wireless communication equipment from more
than one service or service provider on a single site.
[Ord. 3168, 9-8-1998]
COLLECTION BOXES
A metal container, receptacle, or similar object that is
located on any parcel or lot of record within the Village that is
used for the collecting of clothing, household items or other personal
property. This term applies to all such containers regardless of ownership
or intent. This term does not include recycle bins for the collection
of recyclable material, any rubbish or garbage receptacle or any collection
box located within an enclosed building.
[Ord. 5221, 9-18-2017]
COLLEGE
An institution providing full-time or part-time education
beyond the high school level, including any dormitories, lodging rooms
or other housing for students or faculty.
COMMENCEMENT OF CONSTRUCTION
The first placement of permanent evidence of a structure
on a site pursuant to a duly issued building permit, such as the pouring
of slabs or footings or any work beyond the stage of excavation, including
the relocation of a structure. "Commencement of construction" does
not include the installation of streets or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds,
not occupied as dwelling units or not a part of the main structure.
COMMERCIAL LIVING UNIT
A building that includes commercial uses on the first floor
and residential dwelling units above the first floor intended to be
lived in by the owner of the commercial use. Sometimes referred to
as a 'live work' unit.
[Ord. 4434, 12-1-2008]
COMMERCIAL RETAIL ESTABLISHMENT
A building, property, or activity the principal use or purpose
of which is the sale of goods, products, or materials directly to
the consumer. This includes, but is not limited to, clothing stores,
appliance stores, bakeries, food stores, grocers, caterers, pharmacies,
book stores, florists, furniture stores, hardware stores, commercial
pet shops without designated outdoor exercise areas or enclosures,
toy stores, and variety stores but does not include restaurants or
personal service establishments.
[Amended by Ord. 5389, 3-4-2019]
COMMERCIAL VEHICLE OR TRUCK
A motor vehicle which has a gross weight in pounds, including
vehicle and maximum load, in excess of 8,000 pounds and which is not
primarily designed for carrying passengers.
COMMISSION
The Plan Commission of the Village as established and described in Section
3-102 of these regulations.
COMMITTEE OF THE WHOLE
The body that makes recommendations to the Board of Trustees, except when the Board of Trustees has granted specific powers and duties to act on a specific matter, as established by Title 1, Chapter 5, Section
1-5-7N of the Orland Park Village Code. For the purpose of this Land Development Code, the Committee of the Whole may be referred to as the Committee.
[Amended by Ord. 5476, 1-20-2020]
COMMON AREA
An area within a development conveniently accessible to all
residents or occupants of the development, designed as a significant
focus, centrally located, not including required setbacks, private
open space, or impervious surface, designed to accommodate some group
social functions.
COMMUNITY CENTER
A building for social, educational and recreational activities
of a neighborhood or community, including a social hall or lodge,
not operated primarily for commercial purposes.
COMPREHENSIVE PLAN
The plan adopted by the Board of Trustees pursuant to the provisions of Section
4-101 of these regulations.
CONGREGATE ELDERLY HOUSING
A building or use housing more than one family, with or without
separate dwelling units for each family, the occupancy of which is
limited to persons who are at least 55 years of age (or, if two or
more persons occupy a unit, at least one shall be 55 years of age
or more), and which provide coordinated social and support services
to residents, such as meals, housekeeping, laundry, recreation, education
and transportation. This shall include a range of care levels from
independent to assisted to skilled care.
[Ord. 3070, 10-20-1997; amended by Ord. 4434, 12-1-2008]
CONSERVATION EASEMENT
A recorded legal agreement between a landowner and a qualified
conservation agency that transfers development rights from the owner
to the agency to protect natural or historic features and includes
a right to ensure the preservation of: (a) the significant physical
character and visual characteristics of structures having architectural,
historical, or cultural significance, together with any associated
real property, whether or not improved; (b) land or water areas predominantly
in their natural scenic, open or wooded condition, or as suitable
habitat for fish, plants or wildlife; or (c) the integrity of archaeological
sites and the artifacts or information which they may contain pending
properly supervised excavation and investigation. The instrument conveying
or reserving a conservation right may require, prohibit, condition,
limit or control any or all of the following:
[Ord. 3837, 12-1-2003]
1.
Access or public visitation;
2.
Affirmative acts of alteration, restoration, rehabilitation,
repair, maintenance, investigation, documentation, payment of taxes,
or compliance with public law and regulations;
3.
Conditions of operation, use, restoration, alteration, repair
or maintenance;
4.
Acts detrimental to the preservation of a place;
5.
The alteration or removal of roads, signs, billboards or other
advertising, utilities or other structures on or above the ground;
6.
The excavation, dredging or removal of loam, peat, gravel, soil,
rock or other material substance in such manner as to affect the surface
or to otherwise alter the topography of the area;
7.
The removal or destruction of trees, shrubs, or other vegetation;
8.
Surface use inconsistent with preservation of water or land
areas, or the improvement or appurtenance thereto;
9.
Activities affecting drainage, flood control, water conservation,
erosion control or soil conservation, or fish and wildlife habitat
preservation; or
10.
Any other acts or uses having relation to the preservation of
structures, sites and water or land areas or the improvements or appurtenances
thereto.
CONSTRUCTION
The act of adding to a building or structure that requires
a building permit or the act of building a new improvement on a vacant
parcel or site, including the building of an accessory structure.
CONVENIENCE STORE
A retail store with a floor area of less than 5,000 square
feet, which sells groceries and is open 15 to 24 hours a day, but
not including an automobile service station.
[Ord. 4880, 2-3-2014]
COOPERATIVE HOUSING
A multiple-family dwelling where the housing units and common
areas are collectively owned and maintained by the residents. This
differs from a condominium dwelling where individual units are under
separate individual ownership.
[Ord. 4044, 7-5-2005]
CREMATORIUM
A place, at a funeral parlor or cemetery, at which cremation
of bodies is done. A crematory or crematorium is permitted as an accessory
use to funeral parlors and cemeteries only.
[Ord. 4647, 5-16-2011]
CULTURAL CENTER
An indoor or outdoor building or structure designed, intended
or used primarily for musical, dance, dramatic or other performances,
or a gallery operated primarily for the display, rather than the sale,
of works of art.
CULTURAL SIGNIFICANCE
The improvement or site is associated with and effectively
illustrates broad patterns of cultural history characteristic of the
nation, state or community. Cultural history is reflected in the following
themes: education, arts and letters; science and engineering; law
and medicine; philosophy; economics, humanitarian and social programs;
recreational pursuits; business and industry; and ethnic settlement.
CULVERT
A structure designed to carry drainage water or small streams
below barriers such as roads or railway embankments.
CUTOFF
A point at which all light rays emitted by a lamp, light
source or luminaire are completely eliminated at a specific angle
above the ground.
CUTOFF, ANGLE
The angle formed by a line drawn from the direction of light
rays at the light source and a line perpendicular to the ground from
the light source, above which no light is emitted.
CUTOFF-TYPE LUMINAIRE
A luminaire with elements such as shields, reflectors or
refractor panels which direct and cut off the light at a cutoff angle
that is less than 90°.
DAY CARE CENTER
An individual, agency or organization which regularly provides
pre-school through kindergarten instruction or supervision and care
on a regular basis for less than 24 hours per day for one or more
children in a facility other than a detached dwelling, who are not
related by blood or marriage to, and who are not the legal wards or
foster children of, the supervising adult. The use must be licensed
by or registered with the Illinois Department of Children and Family
Services in accordance with the Child Care Act of 1969 (225 ILCS 10/1
et seq.) or the appropriate State agency.
[Ord. 4880, 2-3-2014; amended by Ord. 5312, 7-16-2018]
DAY CARE HOME
Any detached dwelling which receives more than four but no
more than eight children for less than 24 hours per day. The maximum
of eight children received shall be reduced in number by the family's
natural or adopted children and all other persons under the age of
14 residing in the home. This does not include an operation which
receives only children from a single family. The use must be licensed
by or registered with the Illinois Department of Children and Family
Services in accordance with the Child Care Act of 1969 (225 ILCS 10/1
et seq.).
[Ord. 2860, 3-18-1996]
DEAD PLANT
Vegetation lacking green leaves during the growing season,
which cannot be rejuvenated by proper pruning practices.
[Ord. 3281, 8-16-1999]
DECK
An open, outdoor flooring area for sitting and gathering,
usually constructed of wood above the ground surface.
[Ord. 3199, 11-16-1998]
DEMOLITION
Any act or process which destroys in part or in whole an
improvement.
DENSITY
The number of dwelling units per Net Buildable Acres on the
site.
[Ord. 4096, 12-5-2005]
DETACHED PARKING LOT ISLAND
A parking lot island not physically connected in any way
to the perimeter of a parking lot.
[Ord. 5061, 1-18-2016; amended by Ord. 5167, 2-20-2017]
DETENTION
The temporary impoundment or holding of stormwater runoff.
[Ord. 3837, 12-1-2003]
DETENTION BASIN/DRY BOTTOM POND
A stormwater management facility which temporarily impounds
runoff and discharges it through a hydraulic outlet structure to a
downstream conveyance system. Since an extended detention basin impounds
runoff only temporarily, it is normally dry during non-rainfall periods.
[Ord. 3837, 12-1-2003]
DETENTION/RETENTION FACILITY
A facility which could be wet or dry, respectively and which
provides for storage of storm water runoff and controlled release
of this runoff during and after a flood or storm.
DEVELOPER
Any person seeking approval under these regulations for any
form of development.
DEVELOPMENT
The carrying out of any building activity, the making of
any material change in the use or appearance of any structure or land,
or the subdividing of land into two or more parcels.
1.
Except as provided in Subsection 3 hereof, for the purposes
of these regulations, the following activities or uses shall be considered
to involve "development:"
a.
A reconstruction, alteration of the size, or material change
in the external appearance of a structure on land or water.
b.
A change in the intensity of use of land, such as an increase
in the number of dwelling units in a structure or on land or a material
increase in the number of businesses, manufacturing establishments,
offices, or dwelling units in a structure or on land.
c.
Alteration of the shore or bank of a pond, lake, river, or other
waterway.
d.
Commencement of drilling (except to obtain soil samples), mining,
or excavation on a parcel of land.
e.
Demolition of a structure which is designated on Exhibit 1 as
an architecturally significant or historic structure.
f.
Clearing of land, including clearing or removal of vegetation
and any significant disturbance of vegetation or soil manipulation,
but not including farming.
g.
Deposit of refuse, solid or liquid waste, or fill on a parcel
of land.
2.
"Development" includes all other activity customarily associated
with it. When appropriate to the context, "development" refers to
the act of developing or to the result of development of land within
the Village and within 1 1/2 miles beyond the corporate limits
of the Village. Reference to particular operations is not intended
to limit the generality of this definition.
3.
For the purpose of these regulations the following operations
or uses shall not be taken to involve "development:"
a.
Except as provided in Section
5-111 of these regulations, work involving the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the color or decoration of the exterior of the structure or interior alterations that do not change the use for which the structure was constructed.
b.
Work involving the maintenance of existing landscaped areas
and existing rights-of-way such as yards and other non-natural planting
areas.
c.
Work involving the maintenance of areas of native vegetation
through prescribed burns, selective removal of alien plant species
or similar activities intended to upgrade the quality of areas of
native vegetation.
d.
Work involving the installation of landscaping of a single family
dwelling.
e.
A change in use of land or structure from a use within a specified
category of use to another use in the same category unless the change
involves a change from a use permitted as of right to one permitted
as a special use.
[Amended by Ord. 5167, 2-20-2017]
f.
A change in the ownership or form of ownership of any parcel
or structure.
g.
The creation or termination of rights of access, riparian rights,
easements, covenants concerning development of land, or other rights
in land unless otherwise specifically required by law.
h.
Demolition of buildings not listed on Exhibit 1 which shows
historic and architecturally significant structures.
DISTILLERY
A processing facility for the production and packaging of
less than 5,000 gallons of alcoholic beverages or spirits per year
through fermentation and usually concentrating on exotic or specialty
spirits. Distilleries may include a production facility where fruits
are crushed, fermented or pressed, where bulk still/spirits are stored
in tanks or barrels, or where distillery operations such as racking,
filtering, blending or bottling of spirits are carried out. The facility
may also bottle, warehouse and distribute spirits. The facility may
contain an on-site retail area where taste testing and sales directly
to a consumer are allowed as ancillary uses to the main operation
through a liquor license but such on-site retail area cannot generate
more than 50% of total sales annually.
[Ord. 4792, 2-4-2013; amended by Ord. 4839, 9-16-2013]
DOMESTIC PET SERVICES
Any business or establishment providing services to animals
for a time period not to exceed four hours. Services may include grooming,
training and short term veterinarian care. See Personal Service Establishments.
[Ord. 4434, 12-1-2008; amended by Ord. 4664, 8-1-2011]
DORMITORY
A building containing kitchen and bathroom facilities available
for common use by the residents of the building, which is occupied
or intended to be occupied as the dwelling for more than six persons
who are not related by blood, marriage, or adoption but who are affiliated
with or employed by the same educational, religious, or health institution,
and which is not located on the principal lot occupied by that institution.
"Dormitory" shall not include an overnight accommodation or health
institution.
[Amended by Ord. 5389, 3-4-2019]
DRIPLINE
The outer perimeter of the largest branches or limbs of a
tree or bush as measured on the ground around the base of the tree
or bush.
DRIVE-IN SERVICE or DRIVE-THROUGH SERVICE WINDOW
A facility which is accessory to a commercial retail establishment,
personal service establishment, office, financial institution, or
fast-food restaurant and is designed or intended to enable a customer,
without exiting a motor vehicle parked on or moving through the premises,
to transact business with a person outside the motor vehicle.
DRIVEWAY
A privately maintained access roadway serving a limited number
of residential, commercial or industrial structures, buildings, or
parking areas and providing access to a dedicated or private street.
DRIVEWAY APRON
That portion of the driveway located between the sidewalk
and the street.
DRIVEWAY, RESIDENTIAL
A privately maintained access roadway serving no more than
three dwelling units and providing access to a dedicated or private
street.
DWELLING
A building or portion of a building designed or used exclusively
for residential purposes, including single family and multiple family
dwellings, but not including mobile homes or other trailers and lodging
rooms in hotels, motels or lodging houses.
DWELLING UNIT
One or more rooms which are arranged, designed, or used as
living quarters for one family only. Individual bathrooms and complete
kitchen facilities that are permanently installed to serve the entire
family shall always be included within each dwelling unit.
DWELLING, ATTACHED
A dwelling unit that shares common walls with at least one
other dwelling unit, and includes multi-family dwelling units and
townhouses.
DWELLING, DETACHED
A dwelling unit that is developed with open yards on all
sides, but not including recreational or motor vehicles.
DWELLING, MULTI-FAMILY
Four or more dwelling units, including modular homes, attached
along and sharing one or more common walls between any two units and/or
stacked one above another.
DWELLING, TOWNHOUSE
An attached group of up to eight dwelling units, including
modular homes, which share one or more common walls between any two
units and in which each unit has living space on the ground floor
and in a separate entrance on the ground floor.
EASEMENT
A designated parcel of land on, over or under which a liberty,
privilege or advantage of or use of land is recorded as distinct from
ownership of the land and granted either to the public, a particular
person or firm, or a combination of both.
ENGINEER, REGISTERED PROFESSIONAL
A professional engineer registered under the provisions of
"The Illinois Professional Engineering Act" and any act amendatory
thereof.
ENTRYWAY FEATURE
A free-standing structure made of metal, masonry, composition,
wood, or a combination thereof, including gates, resting on or partially
buried in the ground, rising above ground level, and used to identify
a particular development or subdivision.
[Ord. 3199, 11-16-1998]
ENVIRONMENTAL/CLEAN TECHNOLOGY (ECT)
The application of the environmental sciences to conserve
the natural environment and resources, and to curb the negative impacts
of human involvement and development; Includes renewable energy (wind,
solar, hydro, geo, and biomass), information technology, sustainable
transportation, electric motors, lighting and other appliances and
systems such as devices that are sustainable and part of or accessory
to a building or site as a feature, and/or a utility that serves multiple
economic and environmental purposes including, but not limited to,
green roofs, white roofs, green walls, above and below ground storm
water cisterns, ground source heat pumps, smart lighting systems,
pervious surface pavements, recyclable collection facilities, bio-swales,
bioretention areas etc.; Technology that helps make buildings energy
efficient and environmentally benign; A diverse range of products,
services and processes that harness renewable materials and energy
sources, reduce the use of natural resources and cut or eliminate
emissions and wastes.
[Ord. 4594, 10-18-2010]
ENVIRONMENTALLY SENSITIVE LANDS
Lands that are primarily characterized by the presence of
wetlands, waterbodies, shorelines or slopes of greater than 15% and
that are designated as such on Environmentally Sensitive Lands Map
identified in the Village's Comprehensive Plan.
EROSION
The general process whereby soils are moved by flowing surface
or subsurface water.
EXCAVATION
Any act by which organic matter, earth, sand, gravel, rock
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed and shall include the conditions
resulting therefrom.
EXTERIOR ARCHITECTURAL APPEARANCE
The architectural character, general composition and general
arrangement of the exterior of an improvement, including the kind
and texture of the building material and the type and character of
all windows, doors, light fixtures, signs and architectural details
such as brackets, cornices, and moldings, and appurtenant elements
visible from public streets and thoroughfares.
EXTRATERRITORIAL JURISDICTION
That land lying outside the corporate boundaries of the Village
over which the Village has jurisdiction pursuant to Illinois law or
boundary agreement with another municipality.
FACING
That a building has a wall approximately parallel to a public
right-of-way line.
FAMILY
An individual, or two or more persons related by blood, marriage
or adoption, living together as a single housekeeping unit; or a group
of not more than four persons not related by blood, marriage or adoption,
living together as a single housekeeping unit.
[Ord. 3281, 8-16-1999]
FENCE
A structure made of metal, masonry, composition, or wood,
or a combination thereof, including gates, rising above ground level,
and used to delineate a boundary or as a barrier or means of protection,
confinement or screening. The term "fence" does not include arbors,
trellises or non-permanent garden decorations lower than three feet.
[Ord. 4434, 12-1-2008]
FENCE, HEIGHT
That height as measured from the existing grade level of
the property on which the fence is installed to the highest point
located on the fence.
FENCE, OPEN
A permanent fence of which open spaces afford direct views
through the fence that comprise at least 50% of each one-foot wide
segment extending over the entire length and height of the fence,
and includes gates.
[Ord. 4574, 7-6-2010]
FENCE, PERIMETER
A fence that follows the outward boundaries of the property
on which it is located.
FENCE, PERIMETER OF
That outer most point as measured by a perpendicular line
drawn along the edge of a fence facing outward and perpendicular to
the ground.
FENCE, SOLID
A fence that conceals some view of adjacent property, streets
or alleys and any and all activities conducted behind it, and includes
gates.
FILL
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.
FILTER
Divisions between adjacent land use areas that benefit from
separation because the two sides conflict, such as an industrial area
adjacent to residential homes.
[Ord. 5061, 1-18-2016]
FINANCIAL INSTITUTION
A bank, savings and loan association or other similar entity
or organization which provides retail/commercial transactional banking
or other similar financial assistance which operates or has a place
of business in the State of Illinois.
[Ord. 3130, 5-18-1998]
FINISHED GRADE
The vertical location of the ground or pavement surface after
the grading work is completed in accordance with the site development
plan.
FLAGPOLE
Any freestanding flag pole or a joint use of another structure
upon which to hang a flag.
FLOOD PLAIN
That land adjacent to a body of water with ground surface
elevations at or below the 100-year frequency flood elevation.
FLOOR AREA
The sum of the gross horizontal areas of each floor of the
principal building, measured from the exterior walls or from the center
line of party walls, including the floor area of accessory buildings
and structures. The term does not include any area used exclusively
for the parking of motor vehicles.
FLOOR AREA RATIO (FAR)
The total floor area of the building or buildings on a lot
or parcel divided by the gross area of the lot or parcel.
FOOD CONCESSION
An accessory use to a principal use within an existing building
where prepackaged foods, foods not prepared on site, or sandwiches
made up on site from ingredients prepared off site are sold, where
no cooking takes place said foods being for consumption on or off
the premises. This category includes, but is not limited to employee
cafeterias, theater concessions and recreational facility concession
stands. Vending machine, alone, do not constitute a food concession.
[Ord. 3354, 4-17-2000; amended by Ord. 3672, 8-5-2002]
FOOD PROCESSING PLANT
A commercial operation that manufactures, packages, labels
or stores food for human consumption and does not provide food directly
to a consumer. Food processing plants do not include wineries or microbreweries.
[Ord. 4434, 12-1-2008]
FOOTCANDLE
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source on one candle.
FRONTAGE
The length of the property line on any one premises parallel
to and along each public right-of-way it borders.
FRONTING
That the front or primary entrance to a building or unit
faces a public right-of-way line.
FUNERAL PARLOR
A building containing facilities for preparation of bodies
for burial, and/or for the hosting of ceremonies and rituals related
to burial.
[Ord. 4647, 5-16-2011]
GARAGE
A building designed for the storage of motor-driven vehicles,
under the control of the owner or tenant of the premises and which
is not operated or leased for commercial gain.
GLARE
The brightness of a light source which causes eye discomfort.
GOLF COURSE
A nine-hole or 18 hole course for playing golf, including
any accessory driving range, clubhouse, office, restaurant, concession
stand, picnic tables, pro shop, maintenance building, restroom facility
or similar accessory use or structure. This term shall not include
miniature golf courses as a principal or accessory use, nor shall
it include driving ranges which are not accessory to a golf course.
GOVERNMENTAL USE
A building, use or structure (including a wireless communications
antenna) owned or occupied by a federal, state, or local government
agency and serving as an agency office, police station, fire station,
library, post office, or similar facility, or an unoccupied facility
providing a government service. But not including a vehicle storage
yard, jail, sanitary landfill, solid waste transfer or disposal facility,
wastewater treatment facility, hazardous waste treatment or storage
facility, food irradiation facility, educational or health institution,
university, military facility or housing for persons who are participating
in work release programs or who have previously served and completed
terms of imprisonment for violations of criminal laws.
[Ord. 4015, 5-2-2005; amended by Ord. 5389, 3-4-2019]
GRADE PLANE
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet (1,829 mm) from the building, between the building and a
point six feet (1,829 mm) from the building.
[Ord. 4434, 12-1-2008]
GRADING
Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
GREEN SPACE
Ground soil planted with vegetative groundcovers, excluding
detention and retention basins below the point halfway between the
normal and high water lines.
[Ord. 4574, 7-6-2010]
GREENHOUSE
A permanent building with a foundation whose roof and sides
are made largely of glass or other transparent or translucent material
and in which the temperature and humidity can be regulated for the
cultivation of delicate or out-of-season plants for subsequent sale
or for personal enjoyment.
GUYED TOWER
A tower that is tied to the ground or other surface by diagonal
cables.
[Ord. 3168, 9-8-1998]
HALF-STORY
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than 4 1/2 feet above the finished floor of the story immediately
below. Maximum area of half-story shall not exceed 40% of habitable
space of the floor/story below.
[Ord. 3837, 12-1-2003]
HEALTH CLUB or FITNESS CENTER
A privately-owned building, or enclosed structure over 5,000
square feet, containing recreational facilities, such as athletic
or physical conditioning equipment, racquet courts, and/or a swimming
pool, which is operated on a private membership basis and restricted
to use by members and their guests.
[Ord. 4434, 12-1-2008]
HEDGE
A row of small shrubs or trees growing close together, usually
dividing one area or site from another.
[Ord. 5061, 1-18-2016]
HERITAGE TREE
Any healthy tree that is 24 inches in diameter, or greater,
measured four feet from the ground, from any lot, developed or undeveloped.
[Ord. 4434, 12-1-2008]
HISTORIC DISTRICT
A geographic area designated as a "historic district" by
ordinance of the Village Board and which contain within defined boundaries
a significant collection of individual resources having historical,
cultural and/or architectural significance at the national, state
and/or local level, and which may have within its boundaries other
buildings or structures, that, while not of such historical, cultural,
or architectural significance, nevertheless contribute to the overall
visual setting or characteristics of significant buildings located
within the district.
[Ord. 4143, 6-5-2006]
HISTORICAL SIGNIFICANCE
1.
The improvement has a strong association with the life or activities
of a person or persons who have contributed to or participated in
the historic events of the nation, state, or community.
2.
The improvement is associated with an organization or group
(whether formal or informal) from which they have contributed to or
participated in the historic events of the nation, state, or community.
3.
The improvement is associated with an antiquated use due to
technological or social changes in the nation, state or community,
such as but not limited to, a blacksmith shop, hitching post, brick
street or wooden sidewalk, etc.
4.
The improvement is a monument to or a cemetery of an historic
person.
HOME BUSINESSES
A business, profession, occupation, or trade which is conducted
within a residential portion of a building for the economic gain or
support of a resident of the dwelling, and which is incidental and
secondary to the residential use of the building.
[Ord. 3672, 8-5-2002]
HOSPITAL
A public or private institution, whether organized for profit
or not, which is devoted primarily to the maintenance and operation
of facilities for the diagnosis and treatment or care of two or more
unrelated persons, whose principal residence is located elsewhere,
and who are admitted for overnight stay or longer in order to obtain
medical and/or psychiatric treatment of illnesses, diseases, injuries
and deformities.
ILLUMINATION, MAXIMUM
The maximum illumination measured in footcandles at the interior
bufferyard line at ground level.
IMPERVIOUS SURFACE
A surface or ground cover that resists the absorption of
surface water into the soil. Such surfaces include those constructed
of stone, brick, asphalt, concrete, tile, terrazzo, gravel composite,
or any other paving material, used for parking, driveways, patios,
terraces, walkways, and the like, as well as areas covered by buildings,
decks, porches, swimming pools, retention and detention basins (up
to the high water level), and tennis courts.
[Ord. 3672, 8-5-2002; amended by Ord. 4434, 12-1-2008]
IMPROVEMENT
Any building, structure, object, parking facility, fence,
gate, cemetery, wall, work of art or other object constituting a physical
betterment of real property, or part of such betterment.
INDEPENDENT ELDERLY HOUSING
A building housing more than one family, the occupancy of
which is limited to persons who are at least 55 years of age (or,
if two or more persons occupy a unit, at least one shall be 55 year
of age or more) and generally capable of living on their own, which
typically provide limited support services.
[Ord. 3281, 8-16-1999]
INDOOR RECREATION AREA
A recreational facility conducted entirely indoors for commercial
purposes, with or without seating capacity for spectators, and providing
accommodations for a variety of individual, organized or franchised
sports, entertainment or recreational uses. Indoor recreation area
includes, but is not limited to, laser tag, miniature golf, soccer
fields, hockey rinks, staking rinks, bowling alleys, paintball, go-carts,
batting cages, racquetball courts, rock climbing walls, or other courts,
or sports training facilities. Dance, martial arts or yoga studios
greater than 5,000 square feet fall under the definition of Indoor
Recreation Area (for dance, martial arts or yoga studios less than
5,000 square feet, see Personal Service Establishment definition).
An indoor recreation area may contain secondary uses such as snack
bars and retail sales of related merchandise.
[Ord. 3199, 11-16-1998; amended by Ord. 4610, 12-20-2010; Ord. 5061, 1-18-2016]
INDUSTRY, LIGHT
The assembly, fabrication, or processing of goods and materials
using processes that ordinarily do not create noise, smoke, fumes,
odors, glare or health or safety hazards outside of the building or
lot where such assembly, fabrication, or processing takes place, where
such processes are housed entirely within a building, or where the
area occupied by outdoor storage of goods and materials used in the
assembly, fabrication, or processing does not exceed 25% of the floor
area of all buildings on the lot. This includes research laboratories
which are designed or equipped for basic or applied research or experimental
study, testing, or analysis in the natural sciences or engineering,
including any educational activities associated with and accessory
to such research. This shall not include uses that constitute "heavy
manufacturing," resource, extraction, or recycling and salvage operations.
INFRASTRUCTURE
Any physical system or facility that provides essential services,
such as transportation, utilities, energy, telecommunications, waste
disposal, drainage systems, sidewalks, roadways, sewer systems, water
systems and other physical systems or facilities as generally described
above that may not be specifically enumerated in this definition.
[Ord. 4434, 12-1-2008]
INTERFERENCE
Disturbances in reception caused by intruding signals or
electrical equipment.
[Ord. 3168, 9-8-1998]
KENNEL
See animal services.
[Ord. 4434, 12-1-2008]
LAKE or POND
Any inland waterbody fed by spring or stormwater drainage.
LAND IMPROVEMENT
Includes, but is not limited to: any sanitary sewage system,
water distribution systems, storm drainage systems, public utility
systems, sidewalk systems, street systems, street lighting systems,
pedestrian ways, no-access strips, off-street parking areas, and other
improvements.
LANDMARK
Any improvement or site which has special character or special
historical, cultural, archaeological, and/or architectural significance
as part of the development, heritage or cultural characteristics of
the Village of Orland Park, the State of Illinois or the nation which
has been designated as a "landmark" in compliance with the provisions
of these regulations.
LANDSCAPE AREA
A designed area in which required landscaping shall be located.
[Ord. 5061, 1-18-2016]
LANDSCAPE CORRIDOR
The width of parcel frontage from property line to property
line and the length of a parcel from the parkway to the edge of the
foundation plantings along the facade of the principal structure.
[Ord. 5061, 1-18-2016]
LANDSCAPING
Includes trees, shrubs, flowers, vines, potted plants, ground
cover, walkways, ponds, fountains, sculptures, earth berms, fences,
stone, bark, and other materials used to create an outdoor environment.
LATTICE TOWER
A structure that is self-supporting with multiple legs and
cross-bracing of structural steel.
[Ord. 3168, 9-8-1998]
LIGHT, CUTOFF
An artificial outdoor light source designed to ensure that
no light is directly emitted above a horizontal line parallel to the
ground.
LIGHT, NON-CUTOFF
An artificial outdoor light source designed to allow light
to be directly emitted above a horizontal line parallel to the ground.
LIGHTING, OUTDOOR
Any artificial light source that is installed or mounted
outside of a building, but not including street lights installed or
maintained by the Village along public streets.
LIVE GROUNDCOVER
Turf grass, low-growing ornamental grass, or a spreading
plant that grows densely near the ground.
[Ord. 5061, 1-18-2016]
LOADING SPACE
A space with access to a street or alley for the standing,
loading, or unloading of motor vehicles delivering or picking up goods
and materials.
LOT
A parcel of land legally described as a distinct portion
or piece of land or lot of record under single unit control.
LOT COVERAGE
A calculation, usually expressed as a percentage, of the
total impervious and pervious surface on a parcel.
[Ord. 4434, 12-1-2008]
LOT LINE, RESIDENTIAL
A lot line bounding a lot that is located in a residential
zoning district and occupied by a dwelling or dwellings.
LOT LINES
The property lines bounding the lot.
LOT OF RECORD
A single lot which is part of a subdivision plat which has
been recorded in the office of the Recorder of Deeds or Registrar
of Titles of Cook County or Will County, Illinois, prior to the effective
date of these regulations, or a single parcel of land, the deed of
which has been recorded in the office of the Recorder of Deeds or
Registrar of Titles of Cook County or Will County, Illinois, prior
to the effective date of these regulations, both of which have been
approved by the Board of Trustees.
LOT, BUILDABLE
A lot of record which after improvement shall conform with
all the applicable District Regulations of the zoning district in
which he property is located and the Bulk Regulations as listed in
Section 6-301.
[Ord. 2570, 5-2-1994]
LOT, CORNER
A lot which occupies the interior angle at the intersection
of two street lines which make an angle of less than 135° with
each other.
LOT, WIDTH
The distance between the side lot lines measured along the
front right-of-way, however, lots fronting cul-de-sac bulbs shall
have a minimum lot width of 50 feet at the right-of-way line and meet
zoning district lot width at the front setback, or if no front setback
is required, the distance between the side lot lines measured along
the street line.
[Ord. 3672, 8-5-2002]
LUMINAIRE
A complete lighting unit consisting of a light source and
all necessary mechanical, electrical and decorative parts.
MANAGE
The planned and designed control, direction, and maintenance
of growth of naturalized vegetation and the detention and infiltration
of stormwater runoff in a naturalized landscape area, including restoration
or preservation or a combination of the two within a naturalized landscape
area.
[Ord. 5061, 1-18-2016]
MAP, OFFICIAL
A map of the Village and its 1 1/2 mile jurisdiction drawn according to III. Rev. Stat. ch. 24, par. 11-12-6 and incorporated into Section
5-111 of these regulations by reference, on file with the Village Clerk and available at all times during business hours for public inspection.
MARINA
A commercial or club type of establishment that is designed
and operated for profit, or operated by any club or organized group
where hull and engine repairs, boat and accessory sales, packaged
food sales, restaurants, personal services, fueling facilities, storage
and overnight guest facilities and mooring facilities or any combination
of these facilities is provided.
MARINA, PRIVATE NONCOMMERCIAL
A marina designed and intended to be used for mooring of
boats by residents of the general neighborhood with noncommercial
facilities other than those necessary for minor servicing and repairs.
MARQUEE
A roof-like structure that projects over an entrance to a
building.
MEDICAL OFFICE
Any building or portion thereof, the principal use of which
is for offices of one or more licensed physicians, ophthalmologists,
dentists, psychologists, physical, occupation and recreational therapists
or the like for the examination and treatment of persons on an out-patient
basis. See Office definition.
[Ord. 4434, 12-1-2008; amended by Ord. 4664, 8-1-2011; Ord. 5336, 9-17-2018]
MENU BOARD
Any screen, panel, or surface that is adherent to a drive
through structure or preview board.
[Ord. 5221, 9-18-2017]
MICROBREWERY
A brewery producing less than 15,000 barrels per year and
usually concentrating on exotic or high quality beer. The facility
may also bottle, warehouse and distribute beer. The facility may contain
an on-site retail area where taste testing and sales directly to a
consumer are allowed as ancillary uses to the main operation through
a liquor license but such on-site retail area cannot generate more
than 50% of total sales annually.
[Ord. 4434, 12-1-2008; amended by Ord. 4839, 9-16-2013]
MITIGATION
A system by which a developer causing some adverse agricultural,
environmental, or fiscal impact is required to counterbalance that
impact by creating an equivalent benefit through dedication, payments,
offsets and alternative construction of self-imposed restrictions.
[Ord. 4434, 12-1-2008]
MIXED USE BUILDING
A building that contains two or more of the following major
use types: residential, office, or retail.
[Ord. 4434, 12-1-2008]
MIXED USE DEVELOPMENT
A development that is comprised of a group of two or more
types of development, such as multifamily, commercial and retail,
constructed on the same lot or parcel of land under single ownership,
and planned and developed with a unified design of buildings and coordinated
common open space and service areas in accordance with the zoning
district in which it is located.
MOBILE HOME
A movable or transportable dwelling unit other than a modular
home or manufactured home, of at least eight feet in width and at
least 32 feet in length, constructed to be transported on its own
chassis and including one or more components that can be retracted
for transporting the unit.
MONITORING AND MANAGEMENT PLAN
A near- and long-term plan which details specific methodologies
and performance standards related to how the ecological viability
of a specific site will be monitored and managed.
[Ord. 5061, 1-18-2016]
MONOPOLE TOWER
A type of self-supporting tower consisting of a single pole
constructed of steel, wood, concrete, or other suitable structural
material.
[Ord. 3168, 9-8-1998]
MOTOR VEHICLE
An automobile, automobile truck, automobile wagon, motorcycle,
or any other self-propelled vehicle designed for running on land.
[Ord. 4434, 12-1-2008]
MOTOR VEHICLE SALES OR RENTAL
Any building, structure or lot used for the sales or rental
of motor vehicles, either on site or through the internet. Includes
any building or open area, other than a street or required automobile
parking space, used for the display, sale or rental of new or used
automobiles and where the only repair work allowed must be accessory
to the primary use of the sale or rental of vehicles.
[Ord. 4434, 12-1-2008; amended by Ord. 5389, 3-4-2019]
MOTOR VEHICLE SERVICES
1.
Any building, structure, or lot used for one or more of the
following:
a.
Dispensing, selling or offering for retail sale, gasoline, kerosene,
lubricating oil, or grease for the operation and maintenance of motor
vehicles.
b.
The business of maintaining motor vehicles including lubrication,
tire and battery installation.
c.
The business of repairing motor vehicles including minor and
major repairs, auto body work, welding and painting.
d.
Car washes, both automatic and self service.
e.
Marine equipment sales, service or rental.
2.
Such establishment shall not include facilities only selling
or offering for retail sale, automotive parts or accessories provided
that such establishment does not provide any service repair or installation.
In addition to meeting Village Code requirements including Title 6
Chapter 2 Nuisances and Title 6 Chapter 4 Noise Control, Motor Vehicle
Services abide by the following performance standards:
a.
All work is conducted indoors.
b.
Garage doors facing residential areas remain closed at all times
except for the exchange of vehicles.
c.
Vehicles parked more than five business days are considered
outdoor storage.
[Ord. 4434, 12-1-2008; amended by Ord. 4664, 8-1-2011]
|
MULCH
A permeable arrangement of organic materials that help to
retain soil moisture, suppress weeds, and allow free movement of oxygen
into and out of the soil.
[Ord. 5061, 1-18-2016]
NATIVE VEGETATION
The growth of various grasses, sedges, rushes, forbs (wildflowers),
ferns, trees, shrubs, and vines identified as species native to northern
Illinois in commonly accepted publications, including "Plants of the
Chicago Region," by Floyd Swink and Gerould Wilhelm (1974); "Wildflowers
of the Tallgrass Prairie, the Upper Midwest," by Sylvan T. Runkel
and Dean M. Roosa (1989); "Field Guide to North American Wildflowers,
Eastern Region," by the Audobon Society (1979); and "Native Illinois
Herbs and Forbs," by the Illinois Department of Natural Resources.
[Ord. 5061, 1-18-2016]
NATURAL DRAINAGE
Those channels formed by the existing surface topography
of the earth prior to changes made by unnatural causes.
NATURAL WATERCOURSE
A channel formed in the existing topography of the earth
prior to changes made by unnatural causes. Should a question arise
as to whether a watercourse is natural, reference may be made to the
earliest known existing aerial photograph.
NATURALIZED LANDSCAPE
Ecologically sensitive landscaping that uses regionally native
vegetation to create, improve or restore specialized and self-sustaining
plant communities.
[Ord. 5061, 1-18-2016]
NATURALIZED LANDSCAPE AREA
A designed area in which required naturalized landscaping
is located. These areas typically, although not exclusively, surround
a stormwater detention area, occupy a portion of a residential side
or rear yards or are located on a development site that intends to
preserve or restore a native landscape and/or ecology.
[Ord. 5061, 1-18-2016]
NET BUILDABLE ACREAGE
Can include:
1.
Private and common open space;
2.
Internal roads, bikepaths and dedicated transitways;
3.
Environmental and historic areas conserved that would otherwise
be buildable; and
4.
Underground utility easements that may be usable for yard space.
NET BUILDABLE ACRES
Lands within one site that are contiguous and accessible
by the same local or internal road system. Net Buildable Acres shall
be calculated by deducting the following from the Gross Acreage of
Land:
[Ord. 4096, 12-5-2005]
1.
50% of Com Ed easement if owned by the petitioner and the space
serves as a public open space amenity;
2.
50% of land required for a Park or School dedication;
3.
Perimeter road right-of-way dedication;
4.
Floodplain that must be conserved;
5.
Detention and retention areas up to the high water level; and
[Ord. 4434, 12-1-2008]
6.
Wetlands that must be conserved either by Federal, State or
Local requirements.
[Ord. 4434, 12-1-2008]
NON-VILLAGE COMMUNICATION TOWER
Any communication tower not under direct ownership of the
Village of Orland Park such as existing towers operated by the Fire
District or telecommunication companies.
[Ord. 3168, 9-8-1998]
NONCONFORMING BUILDING OR STRUCTURE
Any building or structure lawfully existing on the effective
date of these regulations, or any amendment to it rendering such building
or structure nonconforming, which does not comply with all of the
standards of these regulations or any amendment thereto.
NONCONFORMING USE
Any use lawfully being made of any land, building, or structure
on the effective date of these regulations or any amendment thereto
rendering such use nonconforming, which does not comply with all of
these regulations or any amendment thereto.
NONCONFORMING VACANT LOT
Any lot of record which does not contain a use or building
and which does not meet the minimum area or width requirements established
in these regulations or any amendment thereto.
NUDITY or STATE OF NUDITY
a) The appearance of human bare buttock, anus, male or female
genitals, or the areola or nipple of the female breast; or b) A state
of dress which fails to opaquely and fully cover human buttocks, anus,
male or female genitals, pubic region or areola or nipple of the female
breast.
[Ord. 4926, 9-15-2014]
NURSERY
Land or greenhouses to raise flowers, shrubs and plants for
sale.
NURSING HOME
See congregate elderly housing.
[Ord. 4434, 12-1-2008]
OBJECT
A material thing of functional, architectural, cultural,
historical or archaeological significance that may be, by nature of
design, movable yet related to a specific setting or environment.
OFFICE
A use or building where business is conducted which does
not primarily involve the sale or transfer of goods by the business
to the customer at that location. This includes, but is not limited
to, general business offices, government offices, insurance offices,
medical offices, mortgage offices, credit unions, law offices and
real estate sales and management offices.
[Ord. 3130, 5-18-1998; amended by Ord. 4664, 8-1-2011]
OPEN SPACE
Any portion of a parcel or area of land or water which is
open and unobstructed from the ground to the sky including areas maintained
in a natural and undisturbed character. The term "open space" shall
not include water below the mean high water line, or areas covered
with buildings, structures, sidewalks, patios, parking areas, except
that 50% of any area paved with permeable materials shall be considered
"open space."
OPEN SPACE, COMMON
A parcel(s) of land or an area of water or a combination
of both land and water located within a development site and designed
and intended for the use and enjoyment of residents of the development
or for the general public, but not including streets or off-street
parking areas.
ORDER CONFIRMATION POINT
An audio speaker, screen, or other device that is used to
convey information to a drive-through patron.
[Ord. 5221, 9-18-2017]
ORDINARY REPAIR AND MAINTENANCE
Activities considered common for maintaining a property in
order to prevent deterioration, decay or damage to a building or structure,
and for retaining the building or structure in its condition without
such deterioration, decay or damage, using the same materials or materials
which are, in appearance, as close as possible to the original.
[Ord. 4143, 6-5-2006]
ORNAMENTAL TREE
A self-supporting woody plant having at least one well-defined
stem or trunk and normally attaining a mature height and spread of
less than 30 feet.
[Ord. 5061, 1-18-2016]
OUTDOOR LIGHTING
Any light source that is installed or mounted outside of
an enclosed building, but not including street lights installed or
maintained along public streets by a government agency or public utility.
OUTLOT
A site suitable for a freestanding building on the periphery
of a large complex.
[Ord. 3672, 8-5-2002]
OUTSIDE STORAGE
Overnight (or longer) placement, not in a building, of materials,
equipment and/or vehicles other than employee and visitor parking.
[Ord. 3837, 12-1-2003]
OUTSIDE, OPEN MARKET
The sale of any merchandise or goods from a fixed location
upon privately owned property not within any permanent building or
structure designed for the sale of such goods. The term "outside,
open market" shall specifically include the sale of merchandise or
goods from stands, stalls, vehicles, tents and all other sales not
within a permanent structure. The term "outside, open market", however,
shall not include activity of itinerant vendors who continuously move
about from place to place, and who do not occupy any particular parcel
of private property as a permanent or stationary place for the conduct
of their business.
OVERLAND FLOW
Stormwater run-off that is not confined by any natural or
man-made channel, such as a creek, drainage ditch, or storm sewer.
Involves the movement of run-off in a thin layer (usually less than
one inch in depth) over a wide surface, which begins when the water
ponded on the surface of the land becomes deep enough to overcome
surface retention forces.
[Ord. 4434, 12-1-2008]
OVERLAY PLAN
The plan containing development policies for a discrete area of the Village adopted by the Board of Trustees pursuant to the provisions of Section
4-103 of these regulations.
OVERNIGHT ACCOMMODATION
A facility offering transient lodging accommodations at a
daily rate to the general public and which may also provide additional
services, such as restaurants, meeting rooms and recreational facilities.
OWNER
A person or persons recorded as such on official records
and includes a duly authorized agency or notary, a trustee, a purchaser,
or a devisee; any person having a vested or contingent interest in
the property in question.
PARCEL
Any quantity of land and water capable of being described
with such definiteness that its location and boundaries may be established
as distinct from other parcels which are designated by their owner
or developer as land to be used or developed as a unit, or which has
been used or developed as a unit.
PARK
A lot, or portion thereof, or aggregation of contiguous lots,
used by the public for outdoor recreational activities, including
any accessory office, picnic tables, maintenance building, restroom
facility, storage facility, or similar accessory use or structure.
PARKING AREA
Any area containing one or more parking spaces.
PARKING DECK
A structure or building in which automobiles are parked on
two or more levels or stories. This shall not include any parking
area which is located within the same building as the use served by
the parking area.
PARKING LOT
A parking area that is open to the sky, but not including
the uppermost level of a parking deck.
PARKING SPACE
An area, enclosed or unenclosed, reserved for the parking
of one motor vehicle, and which is accessible to and from a street
or alley.
PARKWAY
The area located within a public right-of-way between the
outer curb line and the adjacent property line.
[Ord. 4434, 12-1-2008]
PATIO
An open, outdoor flooring area for sitting and gathering,
usually constructed of pavement on the ground surface.
[Ord. 3199, 11-16-1998]
PAVEMENT WIDTH
The distance from the edge of pavement to the edge of pavement,
or where applicable, from the edge of curb to the edge of curb.
PAWN SHOP/PAWNBROKER (per Illinois State Statute 205 ILCS 510/1)
Every individual or business entity which lends money on
the deposit or pledge of physically delivered personal property, other
than property the ownership of which is subject to a legal dispute,
securities, printed evidence of indebtedness or printed evidence of
ownership of the personal property, or who deals in the purchase of
such property on the condition of selling the property back again
at a stipulated price, shall be held and is hereby declared and defined
to be a pawnbroker. The business of a pawnbroker does not include
the lending of money on deposit or pledge of title to property.
[Ord. 4574, 7-6-2010]
PERGOLA
A landscaping structure with overhead coverage that frames
a space and which may be designed to support vegetation.
[Ord. 5167, 2-20-2017]
PERSON
An individual, corporation, governmental agency, business,
trust estate, partnership, two or more persons having joint or common
interest, or any other legal entity.
PERSONAL SERVICE ESTABLISHMENT
An establishment primarily engaged in providing services
involving the care or betterment of a person or the repair, care,
cleaning, or maintenance of a person's apparel. This includes but
is not limited to laundry cleaning and garment services, carpet and
upholstery cleaning, photographic studios, beauty shops, tanning salons,
barber shops, shoe repairs, day spas, funeral services (except funeral
parlors), reducing salons, travel agencies, postal agencies, domestic
pet services, and clothing rental. Dance, martial arts or yoga studios
less than 5,000 square feet fall under the definition of Personal
Service Establishment (for dance, martial arts or yoga studios greater
than 5,000 square feet, see definition for Indoor Recreation Area).
Personal service establishments are required to have appropriate licensure
as regulated by the State of Illinois.
[Ord. 4434, 12-1-2008; amended by Ord. 4664, 8-1-2011; Ord. 5061, 1-18-2016]
PERVIOUS PAVEMENT
A pavement system with traditional strength characteristics
but which allows rainfall to percolate through it rather than running
off. A pervious pavement system may include use of a porous asphalt,
pervious concrete, or porous paver block system.
[Ord. 4434, 12-1-2008]
PETITIONER
A person who has filed an application for development approval
under the provisions of these regulations. See also applicant.
[Ord. 4434, 12-1-2008]
PLACE OF WORSHIP
A church, synagogue, temple, mosque or other place of religious
worship, including any accessory use or structure, such as a school,
day care center or dwelling that is located on the same lot.
PLAN, FINAL
That document consistent with the approved preliminary plan of subdivision, which also includes easement provisions, other specialized provisions and signature lines for applicable parties, which is approved in accordance with Section
5-112E of these regulations.
PLAN, PRELIMINARY
The drawings and documents required by the Village and approved in accordance with Section
5-112D of these regulations.
PLANNED DEVELOPMENT
A parcel or tract of land initially under unified ownership
or control, and which is or is intended to be the site for two or
more principal buildings for one or more principal uses, or one principal
building for two or more principal uses. The term "planned development"
includes all County planned developments or planned unit developments
and all planned developments, whether residential, commercial or otherwise
in nature, regardless of whether an actual division of property is
required or not, and regardless of whether it is specifically labeled
a planned development or not, it being the intent of this Land Development
Code to apply to all types of development, including planned developments,
both within the Village of Orland Park and where applicable, to areas
lying within 1 1/2 miles of the corporate limits of the Village
of Orland Park. A special use permit is required for all planned developments.
[Ord. 3130, 5-18-1998; amended by Ord. 5336, 9-17-2018]
PLANNED DEVELOPMENT, LARGE SCALE
A parcel or tract or parcels or tracts of land of at least
a combined total of 1,000 acres initially under unified ownership
and control and which is or is intended to be the site for two or
more principal buildings.
[Ord. 2514, 1-17-1994]
PLANTING BED
A space within a landscape area that is typically defined
by an edged boundary which includes, although not limited to, trees,
shrubs, perennials, ornamental grasses and ground covers.
[Ord. 5061, 1-18-2016]
PLAT, RECORD
An approved final plan that has been recorded in accordance with the provisions of Section
5-112F of these regulations.
PLAYGROUND
A park which contains playground equipment.
PORCH
A roofed over, unheated, flooring area for sitting and gathering,
usually attached to a home and considered part of the home with respect
to setbacks.
[Ord. 3199, 11-16-1998]
PREMISES
A lot and all the structures or uses thereon.
PRESERVATION COMMISSION
The Historic Preservation Commission established in accordance with the provisions of Section
3-103 of these regulations.
PREVIEW BOARD
Any subordinate structure that contains a smaller secondary
menu board and exists in a drive through area.
[Ord. 5221, 9-18-2017]
PRINCIPAL USE
The primary purpose or function that a lot serves or is proposed
to serve.
PROJECT AREA
Any area of land, regardless of the number of individual
parcels contained therein on which development is proposed under these
regulations.
PUBLIC RIGHT-OF-WAY WIDTH
A perpendicular distance across a public street, measured
from property line to property line. For the purpose of these regulations,
the property line shall be the right-of-way as established by the
Transportation Map of the Village's Comprehensive Plan.
PUBLIC UTILITY STRUCTURE
An electricity or gas substation, water or wastewater pumping
station, telephone repeater station or similar structure used as an
intermediary switching, boosting, distribution or transfer station
for electricity, cable television, or telephone services between the
point of generation and the end user, or a private wastewater treatment
plant, but not including satellite dish antennas, facilities for the
handling of solid waste, or radio, television, or microwave transmission
or relay towers.
RAIN GARDEN
A shallow depression typically planted with native perennial
plants and strategically located to collect, infiltrate and filter
smaller scale quantities of runoff water than bioswales.
[Ord. 5061, 1-18-2016]
RECREATION AREA
A building, open or enclosed structure, outdoor field or
playground containing recreational facilities, such as a tennis court,
swimming pool and/or gymnasium, and operated by a government agency
or as a business. Recreation area includes outdoor amphitheaters,
playing fields, tennis courts and swimming pools.
RECREATIONAL VEHICLE
Any vehicle or boat designed for temporary living quarters/human
habitation or recreation and not used as a commercial vehicle, including,
but not limited to, the following: boat/watercraft, camper trailer,
conversion van, motorized trailer/home, off-the-road vehicle, racing
car or cycle, snowmobile, specially constructed vehicle, travel trailer,
and truck camper. Mobile homes, as defined in these definitions are
not included in the definition of recreational vehicle.
1.
BOAT/WATERCRAFTA vehicle for traveling in or on water, including all types of personal watercraft whether impelled by wind, oars, or mechanical devices. For the purpose of this ordinance, boats/watercraft mounted on a trailer shall be considered one vehicle.
2.
CAMPER TRAILERA folding or collapsible vehicle without its own motorized power designed and constructed as temporary living quarters for travel, camping, recreation or vacation use.
3.
CONVERSION VANA conventional van having its cargo area equipped with living facilities, extra windows, and often increased headroom.
4.
MOTOR HOMEA temporary dwelling designed and constructed for travel, camping, recreational or vacation uses as an integral part of a self-propelled vehicle.
5.
OFF-THE-ROAD VEHICLEA vehicle intended principally for recreational use of off roads where state vehicle licenses are required, such as a dune buggy, go-cart, and all-terrain vehicle.
6.
RACING CAR OR CYCLEA vehicle intended to be used in racing competition, such as a race car, stock car, or racing cycle.
7.
SNOWMOBILEA self-propelled vehicle designed for travel on snow or ice, generally steered by skis or runners. For the purpose of this ordinance, snowmobiles mounted on a trailer shall be considered one vehicle.
8.
SPECIALLY CONSTRUCTED VEHICLEAny vehicle which was not originally constructed under a distinctive name, make, model or type, or which, if originally constructed has been materially altered by the removal of essential parts, or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles and used for temporary living quarters or recreation.
9.
TRAVEL TRAILERA rigid vehicular structure, without its own motorized power, designed as a temporary living quarters for travel camping, recreation or vacation use, and is required to be licensed or registered and insured for highway use.
10.
TRUCK CAMPER/SLIDE IN PICK-UP 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, recreation or vacation use. When mounted on a truck, such structure and the truck shall together be considered one vehicle.
RECYCLING CENTER
An operation designed or intended for the collection and
processing of clean, source-separated, and recyclable papers, glass,
metals, or plastics, including the sorting, compacting, and shipping
of recyclable materials collected from recycling drop-off stations
located in the Village. This shall not include a facility which handles,
collects, or otherwise stores or processes automobile bodies or parts,
toxic or hazardous materials, or recyclable materials mixed with other
refuse.
REHABILITATION
The act or process of returning a building, object, site
or structure to a state of utility through repair, remodeling or alteration,
which makes possible an efficient contemporary use while preserving
portions or features of the property that are historically, architecturally,
or culturally significant.
[Ord. 4143, 6-5-2006]
REMOVAL
Any relocation of an improvement on its site or to another
site.
RENEWABLE ENERGY
Refers to energy derived from existing flows of energy generated
by on-going natural processes, including, but not limited to, energy
generated from the sun, flowing water, wind flows, and geothermal
heat flows. The term shall not include energy generated from fossil
fuels, nuclear fission, or any derivative of those energy sources.
[Ord. 4594, 10-18-2010]
RENEWABLE ENERGY CONVERSION SYSTEM (RECS)
Any device associated with the conversion of solar, wind
or geothermal and non-fossil fuel energy, such as, but not limited
to, a wind charger, windmill, wind turbine, solar panel, solar array,
geothermal cables etc., into electrical or other form of usable kinetic
energy.
[Ord. 4594, 10-18-2010]
RESIDENTIAL PLANNED DEVELOPMENT
A development comprised of attached and/or detached dwelling
units that has coordinated common open space and service areas and
is built in accordance with densities specified in the zoning district
in which it is located.
RESIDENTIAL USE
Any detached, duplex, townhouse, or multifamily dwelling,
manufactured home, mobile home, boarding house or dormitory.
[Amended by Ord. 5389, 3-4-2019]
RESTAURANT
1.
An establishment, including banquet halls, that is open to the
public where food and/or beverages are regularly prepared, consumed
and sold. This could include:
a.
At a table or counter within the premises;
b.
For consumption at a table or counter outdoors, but located
on the premises;
c.
For consumption in automobiles or other motor vehicles located
in parking areas on the premises; and
d.
For consumption off the premises.
2.
Restaurants include sit down and take out establishments. They
do not include caterers, wholesale bakeries, packaged tea and coffee
shops, butcheries, or grocers.
[Amended by Ord. 5221, 9-18-2017]
3.
Food establishments that brew beer (also known as brewpubs)
or distill wine for consumption primarily on the premises are considered
restaurants provided that revenue from food sales shall constitute
at least 50% of the total business revenues.
[Ord. 4434, 12-1-2008]
RESTORATION
The act or process of accurately recovering the form and
details of a building, object, site or structure and its setting as
it appeared at a particular period of time by means of the removal
of later work or by the repair or replacement of missing earlier work.
[Ord. 4143, 6-5-2006]
RETAIL ESTABLISHMENTS
The sale of goods and services in small quantities to the
public.
[Ord. 3837, 12-1-2003]
RETENTION
The permanent storage of stormwater.
[Ord. 3837, 12-1-2003]
RETENTION BASIN/WET POND
A stormwater management facility which includes a permanent
impoundment, or normal pool of water, for the purpose of enhancing
water quality and, therefore, is normally wet, even during non-rainfall
periods. Storm runoff inflows may be temporarily stored above this
permanent impoundment for the purpose of reducing flooding, or stream
channel erosion.
[Ord. 3837, 12-1-2003]
RETENTION/DETENTION FACILITY
A facility which could be wet or dry, respectively (see definitions
for descriptions), and which provides for storage of storm water runoff
and controlled release of this runoff during and after a flood or
storm.
[Ord. 4434, 12-1-2008]
RIGHT-OF-WAY
A general term denoting a public way, usually in a strip,
acquired for or devoted to access, utility or transportation purposes.
RIGHT-OF-WAY, OFFICIAL
The right-of-way as established by the Transportation Map
of the Village's Comprehensive Plan.
ROADWAY
The portion of the highway or street, including shoulders,
for vehicular use and bicycle use.
ROUGH GRADE
The vertical location of the ground after the initial excavation
or filling is completed prior to the commencement of construction.
RUNOFF
The portion of precipitation on the land that is not absorbed
by the soil or plant material and which reaches the drainage system.
SATELLITE DISH
A signal-receiving device, the purpose of which is to reserve
communication or other signals from satellites in earth, orbit and
other extraterrestrial sources. The term includes earth stations,
ground stations, disk antennas and antenna structures, as well as
low-noise amplifiers which magnify, store, transfer and/or transmit
electronic or light signals, and coaxial cables which carry or transmit
signals to a television set or radio receiver.
SCHOOL
A privately owned or publicly owned elementary school, middle
school, junior high school, or high school which does not provide
lodging for students.
SCHOOL, ARTS
A secondary or higher education facility primarily teaching
skills in crafts and the fine arts and does not provide lodging or
dwelling units for students or faculty.
SCHOOL, BOARDING
A privately-owned or publicly-owned elementary school, middle
school, junior high school, or high school which provides lodging
or dwelling units for students on the same property.
SCHOOL, VOCATIONAL
A secondary or higher education facility primarily teaching
usable skills that prepare students for jobs in a trade or business
and does not provide lodging or dwelling units for students or faculty.
The term "vocational schools" does not include schools that teach
repair skills for automobiles or other types of heavy machinery that
require garage and/or outdoor work space.
SCREENING
Structures, solid fences, or evergreen vegetation maintained
for the purpose of concealing from view the area or objects behind
such structures, solid fences or vegetation.
SEAMS
Divisions between land use areas that benefit from unification
of two adjacent sites.
[Ord. 5061, 1-18-2016]
SELF-SERVICE STORAGE FACILITY
A building consisting of individual, small, self-contained
units that are leased or owned for the storage of business and household
goods.
[Ord. 3199, 11-16-1998]
SETBACK
The horizontal distance between any portion of a structure
or any development activity and the bank of a perennial stream, the
centerline of an intermittent stream, the ordinary high water mark
of a lake or pond, and the edge of a wetland, measured at the structure's
or development's closest point to the bank, centerline, ordinary high
water mark, easement, property line, or other point on or near the
site.
SETBACK, CORNER SIDE
An open space between the side of a building or structure
and a side lot line abutting a street.
[Ord. 3070, 10-20-1997]
SETBACK, FRONT
An open space between a building or structure and the street
line of the lot on which the building or structure is located, unoccupied
and unobstructed from the ground upward, except by fences or as otherwise
provided in these regulations. The front setback on a corner lot shall
be that area with the narrowest street frontage. If neither frontage
is narrower, the front shall be designated in the application, and
shall usually be the less busy street. In measuring a front setback,
the horizontal distance between the streetline and the closest projection
of the building shall be used. Every required front setback shall
be measured at right angles 90° from the street line.
SETBACK, REAR
An open space between the rear of a building or structure
and the lot line farthest from the street fronting the lot, projected
to the side lines of the lot on which the building or structure is
located.
SETBACK, SIDE
An open space between the side of a building or structure
and a side lot line which does not abut a street, projected to the
front setback and rear setback of the lot on which the building or
structure is located.
[Ord. 3070, 10-20-1997]
SHADE TREE
A self-supporting woody plant having at least one well-defined
stem or trunk and normally attaining a mature height and spread of
at least 30 feet. Also referred to as canopy tree or overstory tree.
[Ord. 5061, 1-18-2016]
SHRUB
A woody plant that produces branches or shoots from near
its base.
[Ord. 5061, 1-18-2016]
SIGHT TRIANGLE
The area of the corner lot closest to the intersection which
is kept free of visual impairment to allow full view of both pedestrian
and vehicular traffic.
[Ord. 3837, 12-1-2003]
SITE GRADING OR STRIPPING
Any activity which removes or covers the vegetative surface
cover including tree removal, clearing, filling or removal of topsoil.
SITE PLAN
A plan, prepared to scale, showing accurately the boundaries
of a site and including but not limited to the location of all buildings,
structures, uses, access drives, roadways, parking, sidewalks, and
any other site development features proposed on a specific parcel
of land.
[Amended by Ord. 5476, 1-20-2020]
SOIL EROSION CONTROL PLAN
A plan submitted by a person requesting issuance of a site
development permit from the Village for the construction or alteration
of ground improvements and structures for the control of erosion,
runoff and grading.
SOLAR COLLECTOR
A device, structure, or a part of a device or structure for
which the primary purpose is to transform solar radiant energy into
thermal, mechanical, chemical, or electrical energy.
[Ord. 5389, 3-4-2019]
SOLAR ENERGY SYSTEM (SES)
A system primarily used for the collection, storage, and/or
distribution of solar energy for electricity generation, space heating,
space cooling, or water heating. A SES is incidental and subordinate
to a permitted use on the same parcel or lot. A SES shall supply electrical
power solely for on-site use, except that when a parcel on which a
system is installed also receives electrical power supplied by a utility
company, excess electrical power generated and not needed for on-site
use may be used by the local utility company. A SES consists of all
exterior, above-ground, and below-ground parts and devices, including
all collector panels, equipment, legs, braces, and/or supporting devices.
[Ord. 5389, 3-4-2019]
SOLAR ENERGY SYSTEM, BUILDING-INTEGRATED
A solar energy system that is an integral part of a permitted
principal or accessory building or structure, rather than a separate
mechanical device, and that replaces or substitutes an architectural
or structural component of the building or structure. Systems shall
be integrated into a structure as an architectural feature and include,
but are not limited to, systems where solar collector units are built
into and contained within roof shingles, windows, skylights, awnings,
curtain walls, canopies, parking lot canopy shade structures, and
similar architectural components.
[Ord. 5389, 3-4-2019]
SOLAR ENERGY SYSTEM, BUILDING-MOUNTED
A solar energy system that is affixed to or mounted on either
the roof or façade of a principal or accessory structure. A
building-mounted solar energy system includes roof-mounted, wall-mounted,
and building-integrated systems.
[Ord. 5389, 3-4-2019]
SOLAR ENERGY SYSTEM, FREESTANDING
A self-supported solar energy system that is not attached
to another building or structure and is ground-mounted on a rack or
pole that is supported by the ground.
[Ord. 5389, 3-4-2019]
SOLAR ENERGY SYSTEM, WALL-MOUNTED
A solar energy system that is structurally mounted to and
is entirely supported by the exterior wall of a building or structure.
[Ord. 5389, 3-4-2019]
SOLID SCREEN
Either an earth berm, hill, solid wood fence, wall or a densely
planted row of shrubs that cannot be seen through in any season.
SPECIFIED ANATOMICAL AREAS
Include a) the human male genitals in a discernibly turgid
state, even if completely and opaquely covered; or b) less than completely
and opaquely covered human genitals, pubic region, buttock or female
breast below a point immediately above the top of the areola.
[Ord. 4926, 9-15-2014]
SPECIFIED SEXUAL ACTIVITIES
Includes the fondling or other erotic touching of human genitals,
pubic region, buttocks, anus, or female breasts; sex acts, normal
or perverted, actual or simulated, including intercourse, oral copulation,
masturbation or sodomy; and excretory functions in connection with
sexual activity.
[Ord. 4926, 9-15-2014]
SPORT COURT
Any outdoor hard surface court, not including parking lots,
designed for athletic purposes (i.e., basketball court, tennis court,
etc.) surrounded by fencing or on a stand-alone pad.
[Added 7-17-2023 by Ord. No. 5822]
STADIUM
A structure or facility designed, intended, or used primarily
for athletic events and containing seating for spectators of those
events, but not including a raceway or dragstrip.
STORMWATER MANAGEMENT
The reduction of the quantity or rate of runoff, which affects
flooding, or the reduction of pollutants generated at a development
site and carried in stormwater.
[Ord. 3837, 12-1-2003]
STORY
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above it, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. The floor of a story may have split levels provided that
there is not more than a four foot difference in elevation between
the different levels of the floor. A mezzanine floor shall be counted
as a story when it covers more than one-third the area of the floor
next below it, or if the vertical distance from the floor next below
it to the floor next above it is 24 feet or more. "Story" shall not
include any such area having part of its ceiling height below grade.
STREAM
An open body of running water flowing continuously or intermittently.
Perennial and intermittent streams are designated in accordance with
7.5 minute topographic maps of the U.S. Geological Survey.
STREET
That portion of a public right-of-way, easement, or private
easement which is improved to provide for the movement of motor vehicles.
[Ord. 2570, 5-2-1994]
STREET LINE
The outer boundary of a street right-of-way.
STREET, ARTERIAL, MAJOR
A street or roadway classification which has as its primary
function intercommunity and intrametro area traffic movement. The
secondary function of this roadway is to provide access to land. Major
arterials include, but are not limited to, LaGrange Road, Harlem Avenue,
Wolf Road (south of 159th Street), 159th Street and 183rd Street.
[Ord. 4434, 12-1-2008]
STREET, ARTERIAL, MINOR
A street or roadway classification which has as its primary
function intercommunity traffic movement. The secondary function of
this roadway is to provide access to land. Minor arterials include,
but are not limited to, 135th Street, 143rd Street, 151st Street (east
of LaGrange Road and west of Harlem Avenue), 151st Street (between
Wolf Road and Will-Cook Road), 153rd Street (between Wolf Road and
LaGrange Road), 167th Street, 179th Street, 80th Avenue (south of
151st Street), 82nd Avenue (135th Street to 151st Street), Wolf Road
(north of 159th Street), Will-Cook Road, and Southwest Highway.
[Ord. 3354, 4-17-2000; amended by Ord. 4434, 12-1-2008]
STREET, COLLECTOR, MAJOR
A street or roadway classification, which has as its primary
function to collect and distribute traffic between local streets and
the arterial system. The secondary function of this roadway is to
provide access to land. The tertiary function of this roadway is to
provide traffic movement between neighborhoods. Major collectors include,
but are not limited to, 94th Avenue, 104th Avenue, 108th Avenue, Ravinia
Avenue, West Avenue and John Humphrey Drive.
[Ord. 3672, 8-5-2002; amended by Ord. 4434, 12-1-2008]
STREET, COLLECTOR, MINOR
A street or roadway classification which has as its primary
function to collect and distribute traffic between neighborhoods.
The secondary function of this roadway is to provide access to lands.
Minor collectors include Wheeler Drive, Orlan Brook Drive and 151st
Street.
STREET, FRONTAGE
All of the property fronting on one side of a street between
two intersecting streets, or in the case of a dead-end street, all
of the property along one side of the street between an intersecting
street and the end of such dead-end street.
STREET, LOCAL
A street intended and designed to provide access to abutting
properties.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, or any substantial change
in the roof or in the exterior walls, excepting such repair or replacement
as may be required for the safety of the building. The addition or
installation of siding or a masonry veneer to a building, the enclosure
of the open area below a roof projection, the enclosure of a doorway,
the enclosure of an open stairway, the enclosure of a roofed patio
or roofed carport, shall not be considered structural alterations.
STRUCTURE
Anything constructed, installed, or portable, the use of
which requires a location on a parcel of land. This includes a fixed
or movable building which can be used for housing, business, commercial,
agricultural, or office purposes, either temporarily or permanently.
"Structure" also includes, but is not limited to, parking lots, walkways,
paths, swimming pools, tennis courts, poles, pipelines, transmission
lines, tracks, signs, cisterns, sewage treatment plants, sheds, docks,
mooring areas, and other accessory construction.
SUBDIVISION
The division of a parcel of land into two or more lots or
parcels for the purpose of transfer of ownership or building development;
provided that a division of land which may be ordered or approved
by a court or affected by testamentary or intestate provisions, shall
not be deemed a subdivision. The term includes resubdivision and consolidation,
and when appropriate to the context, shall relate to the process of
subdividing the land subdivided. The term shall also apply to any
other development, whether an actual division of property is required
or not, and regardless of whether the same is labeled a subdivision
or not, including planned development, it being the intent of this
Code to apply to all types of development, both within the Village
of Orland Park and to areas lying within 1 1/2 miles of the corporate
limits of the Village of Orland Park.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, expansion, or improvement of
a structure, the cost of which exceeds 50% of the assessed value of
a structure as determined either before the expansion or improvement
begins or before the damage occurred giving rise to the repair or
reconstruction. "Substantial improvement" shall not include, however,
any repair or improvement required to bring the structure into compliance
with existing state or county or Village health, sanitary, safety,
or building code specifications necessary to ensure safe habitation
of the structure.
SUSTAINABLE DEVELOPMENT
Construction that can be maintained over time without damaging
the environment. Development that meets the needs of the present without
compromising the ability of future generations to meet future needs.
[Ord. 4594, 10-18-2010; amended by Ord. 5061, 1-18-2016]
SWIMMING POOL
A man-made rigid or semi-rigid receptacle for water, whether
intended for indoor or outdoor use, having a depth at any point greater
than 24 inches and with a capacity of more than 1,000 gallons or with
a water surface area exceeding 250 square feet, which is used or intended
to be used for swimming, wading, bathing, immersion, or partial immersion
of human beings, and which is constructed, installed and maintained
in or above ground.
TATTOO/BODY PIERCING ESTABLISHMENT
A business establishment where tattooing or body piercing
is performed. A special use permit is required for tattoo establishments
when the tattoo activity constitutes the principal activity of that
business at a given location. The intent of providing permanent make-up
services and other cosmetically related uses of tattoo technology
at a location is to do so as one of several services offered at a
beauty salon, and not as a principal use. If other services like cutting
hair, manicures, waxing are offered, permanent make-up does not require
a special use permit.
[Ord. 4574, 7-6-2010; amended by Ord. 5221, 9-18-2017]
TATTOOING
1.
(Per Illinois State Statute 410 ILCS 54/1) To make permanent
marks on the skin of a live human being by puncturing the skin and
inserting indelible colors [often to produce an indelible mark resulting
in a design, picture, or words visible through the skin]. Tattooing
includes imparting permanent makeup on the skin, such as permanent
lip coloring and permanent eyeliner. Tattooing does not include any
of the following:
a.
The practice of electrology as defined in the Electrologist
Licensing Act;
b.
The practice of acupuncture as defined in the Acupuncture Practice
Act;
2.
The use, by a physician licensed to practice medicine in all
its branches, of colors, dyes, or pigments for the purpose of obscuring
scar tissue or imparting color to the skin for cosmetic, medical or
figurative purposes.
TEMPORARY USE
A use that is established for a fixed period of time with
the intent to discontinue such use upon the expiration of such time,
and does not involve the construction or alteration of any permanent
structure.
TENSILE CANOPY
A membrane that is attached to three or more independent
anchor points to create rigidity, and is used as protection from weather
elements.
[Ord. 5167, 2-20-2017]
TENSILE CANOPY STRUCTURE
A freestanding structure that the membrane of a Tensile Canopy
is independently anchored to.
[Ord. 5167, 2-20-2017]
TERRACE
An open, outdoor flooring area for sitting and gathering,
usually constructed of pavement on the ground surface.
[Ord. 3199, 11-16-1998]
TOPSOIL
The uppermost layer of the ground that is usually the most
fertile, being dark in color and crumbly.
[Ord. 4574, 7-6-2010]
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including lattice
towers, guyed towers, and monopole towers.
[Ord. 3168, 9-8-1998]
TRELLIS
A vertical landscaping structure or wall section which is
designed and intended to support vegetation and which may include
lattice work.
[Ord. 5167, 2-20-2017]
USE
The purpose or activity for which the land, or any structure
thereon, is designed, arranged, or intended, or for which it is occupied
or maintained.
USE, PERMITTED
Any use which is or may be lawfully established in a particular
district or districts, provided it conforms with all requirements
of these regulations for the district in which such use is located.
USE, SPECIAL
A use (to be defined in the zoning districts) that has operational,
physical and other characteristics that may be different from those
of the predominant permitted uses in a zoning district, but which
is a use that complements or is otherwise compatible with the intended
over-all development within a district, provided that specified standards
are met.
[Ord. 5167, 2-20-2017]
UTILITY OR HAUL TRAILER
A vehicle, enclosed or non-enclosed, without its own motorized
power that is designed and constructed to transport another vehicle,
such as a car, boat, motorcycle or snowmobile, or to transport equipment
and/or tools, such as lawn mowers, bobcats, etc., and that is eligible
to be licensed or registered and insured for highway use. For the
purpose of this ordinance, a utility or haul trailer with vehicles
mounted on it shall be considered one vehicle.
[Ord. 4574, 7-6-2010]
UTILITY SUBSTATION
Water storage tanks, radio, television and microwave transmission
or relay towers and antennae, and electric or gas substations, water
or wastewater pumping stations, reservoirs, filtration plants and
storage towers, telephone repeater stations, or similar structures
used as an intermediary switching, boosting, distribution, or transfer
station of electricity, natural gas, water, wastewater, cable television,
or telephone services between the point of generation or treatment
and the end user, but not including broadcasting studios or satellite
dish antennas.
VILLAGE
The Village of Orland Park, Illinois.
WAREHOUSING OR DISTRIBUTION ESTABLISHMENTS
A business or government agency operation whose primary purpose
is: (1) the storage of goods or materials, or (2) the distribution
of goods and materials to another location for the purposes of resale
or use at the placed distributed to, so long as no more than 30% of
the square footage of the interior of the building may be devoted
to retail or showroom facilities, but not including the storage of
vehicles, trailers or boats, or heavy manufacturing, resource extraction,
scrap operations or salvage operations, or mini-storage warehouses.
WATERCOURSE
Any river, stream, creek, brook, branch, natural or artificial
depression, slough, gulch, draw, ditch, channel, circuit, conduit,
culvert, swale, gully, ravine, wash, or natural or man-made drainageway,
which has a definite channel, bed and banks, in or into which stormwater
runoff and floodwater flow either regularly or intermittently.
WETLAND
An area that is permanently or periodically inundated or
saturated by surface water or groundwater or otherwise has hydric
soil conditions at a frequency and duration sufficient to support,
or that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. The term
"wetland" includes all wetlands that are defined as such by federal
and/or state statutes and regulations for the purposes of regulating
development or other activities within wetlands.
WHOLESALE ESTABLISHMENTS
The sale of goods and materials in large quantity primarily
for resale to other sellers or contractors, but not including heavy
manufacturing, resource extraction, scrape operations, or salvage
operations.
WINDOW DISPLAY
One or more objects set inside a building in a display case
or on a window ledge which displays merchandise or relates to services
offered but which is not affixed to any window.
WINERY
An agricultural processing facility producing wine from fruit
or fruit juices through fermentation or the refermenting of still
wine into sparkling wine. Wineries may include a production facility
where grapes are crushed, fermented or pressed, where bulk wine is
stored in tanks or barrels, or where winery operations such as racking,
filtering, blending or bottling of wines are carried out. The facility
may also bottle, warehouse and distribute wine. The facility may contain
an on-site retail area where taste testing and sales directly to a
consumer are allowed as ancillary uses to the main operation through
a liquor license but such on-site retail area cannot generate more
than 50% of total sales annually.
[Ord. 4434, 12-1-2008; amended by Ord. 4839, 9-16-2013]
WIRELESS COMMUNICATION
Digital wireless technology such as portable phones, pagers,
faxes, and computers.
[Ord. 3168, 9-8-1998]
WIRELESS COMMUNICATION FACILITY
A parcel of land that contains wireless communication infrastructure
such as antennas, support structures, equipment, accessory buildings,
parking, and other uses associated with and ancillary to wireless
communication transmission.
[Ord. 3168, 9-8-1998]
YARD, FRONT
An area extending the full width of a lot between the front
lot line and the nearest principal structure.
[Ord. 4647, 5-16-2011]
YARD, REAR
An area extending the full width of a lot between the rear
lot line and the nearest principal structure.
[Ord. 4647, 5-16-2011]
YARD, SIDE
An area extending the depth of a lot from the front yard
to the rear yard between the side lot line and the nearest principal
structure.
[Ord. 4647, 5-16-2011]
ZONING DISTRICTS
The districts into which the Village of Orland Park, Illinois
has been divided as set forth on the Zoning District Map.
[Ord. 5564, 12-21-2020]