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Arlington Heights City Zoning Code

SECTION 28

3 - Definitions.

For the purposes of this Chapter, the following words shall have the meanings set forth in this Section:

1.

Accessory Structure. An accessory structure is one which meets all of the following criteria:

a.

Is subordinate to and serves a principal building;

b.

Is subordinate in area, extent, or purpose to the principal building served;

c.

Contributes to the comfort, convenience or necessity of occupants of the principal building; and

d.

Is located in the rear yard and on the same zoning lot as the principal building served, except as otherwise indicated in this Code.

2.

Acupuncture. A medical practice or procedure that treats illness or provides local anesthesia by the insertion of needles at specified sites on the body.

3.

Adult Business. Any or all of the following businesses:

1.

Adult Bookstore—A business establishment having a substantial or significant portion of its stock in trade, books, magazines, films for sale, rent or other distribution, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."

2.

Adult Live Entertainment Establishment—A nightclub, theater, or other business establishment, which permits live performances by topless and/or bottomless dancers, gogo dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on "Specified Sexual Activities" or "Specified Anatomical Areas."

3.

Adult Theater—A business establishment in an enclosed building that as a substantial or significant portion of its business regularly features for presentation films, motion pictures, video or audio cassettes, slides, or other visual representation or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of "Specified Anatomical Areas" or the conduct or simulation of "Specified Sexual Activities."

4.

Adult Use Cannabis Business Establishments. Adult use cannabis businesses, including, but not limited to: Adult use cannabis cultivation centers, adult use cannabis dispensaries, cannabis craft growers, cannabis infusers, and cannabis processors.

5.

Adult Use Cannabis Cultivation Centers. A facility operated by an organization or business that is licensed by the Department of Agriculture to cultivate, process, transport, and perform other necessary activities to provide cannabis and cannabis-infused products to adult use cannabis business establishments.

6.

Adult Use Cannabis Dispensary. A facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire cannabis from a cannabis cultivation center, cannabis craft grower, cannabis processor, or another cannabis dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies for recreational, non-medicinal purposes to purchasers other than registered qualifying patients under the Illinois compassionate use of medical cannabis program act (410 ILCS 130/1 et seq.).

7.

Alley. A public or private thoroughfare not more than 30 feet wide which affords only a secondary. of access to abutting property.

8.

Amusement Facility. A commercial establishment providing indoor activities for kids or adults including video arcades, games or other recreational type amusements such as play equipment, trampolines, laser tag, etc. Large facilities are 5,000 square feet or larger; small facilities are less than 5,000 square feet.

9.

Animal Hospital. A place where animals are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to the hospital use.

10.

Antenna Structure. Any structure, mast, pole, tripod or tower utilized for the purpose of either transmission or reception purposes, or both:

a.

A commercial antenna is any antenna structure that is intended for transmitting or receiving television, radio or telephone communications, excluding those used exclusively for dispatch communication.

b.

A non-commercial antenna is any antenna that is used for private radio and/or television reception, for licensed amateur operators, citizens band facilities, and governmental and non-profit organizations.

11.

Apartment. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit and which includes permanently installed complete kitchen and bathroom facilities in each apartment.

12.

Automobile Repair.

a.

Major repair is work that is of a significant nature, such as engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of vehicles.

b.

Minor repair is work that is not of a significant nature, including incidental repairs, replacement of parts, and motor service to motor vehicles, but not including any operation specified as major repair in paragraph a above.

13.

Automobile Service Station. Any building or premises used for dispensing, sale or offering for sale at retail to the public, gasoline stored only in underground tanks, kerosene, lubricating oil or grease for the operation of automobiles and including the sale and installation of tires, batteries and other minor accessories and service for automobiles, but not including major automobile repairs; and including washing of automobiles where no production line methods are employed.

14.

Awning. A roof like shelter extended over a doorway or window, which is supported entirely from the exterior wall of the building and provides protection from the weather.

15.

Basement. A story having all or part of its height below grade.

16.

Banquet Hall. A commercial establishment, including one which operates in a portion of a building, which is rented or contracted by individuals or groups to accommodate functions including, but not limited to, banquets, weddings, and other similar events, and that must include: 1) kitchen facilities or 2) the sale or consumption of alcoholic beverages for on-premises consumption during scheduled events.

17.

Block. A tract of land bounded by streets or, in lieu of streets, by public parks, cemeteries, railroad rights-of-way, lines of waterways, or a corporate boundary line of the Village.

18.

Brewery. A place that manufactures beer and is licensed as such by the State of Illinois.

19.

Brew pub. A restaurant that includes a brewery as an accessory use and is licensed as a brew pub by the State of Illinois.

20.

Buildable Area. The space remaining on a zoning lot after the minimum open space requirements of this Code have been complied with.

21.

Building. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels. Any structure with interior areas not normally accessible for human use, such as oil tanks, water tanks, and other similar structures, are not considered as buildings.

22.

Building Height. The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of a building may be measured from the average elevation of the finished lot grade at the front of the building.

23.

Building Line. The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.

24.

Building Lot Coverage. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

25.

Bulk. The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks, and sky exposure plane regulations.

26.

Business Establishment. A separate place of business having the following three characteristics:

a.

The ownership and management of all operations conducted within such establishment are separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots.

b.

Direct public access to such "business establishment" is separate and distinct from direct access to any other "business establishment."

c.

There is no direct public access from within such establishment to any other such establishment.

Where adjacent places of business lack any one of the above-listed characteristics with respect to one another, they shall then be considered as a single business establishment for the purposes of this Chapter.

27.

Camper Trailer (Pop-up). A partially collapsible structure designed to provide temporary living quarters primarily for recreational use, constructed with integral wheels to make it mobile and/or towable by motor vehicle.

28.

"Cannabis" has the meaning set forth in the Illinois Cannabis Regulation and Tax Act.

29.

Cannabis Craft Grower. A facility operated by an organization or business that is licensed by the Department of Agriculture to cultivate, dry, cure, and package small quantities of cannabis and perform other necessary activities to make small quantities of cannabis available for sale at an adult use or medicinal cannabis dispensary or use at a cannabis processor or infuser.

30.

Cannabis Infuser. A facility operated by an organization or business that is licensed by the Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product.

31.

Cannabis Processor. A facility operated by an organization or business that is licensed by the Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product.

32.

Cannabis Transporter. An organization or business that is licensed by the Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program.

33.

Canopy. A structure other than an awning with a frame, which is wholly or partially supported by columns, poles or braces extending from the ground.

34.

Care Facility. A facility providing care to individuals. There are three primary types of care facilities:

a.

Ambulatory—A facility which provides care to individuals without hospitalization or other institutionalization.

b.

Extended Care or Skilled Nursing Home—A facility or part of a facility which is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients.

c.

Intermediate—A facility which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designated to provide but who, because of their mental or physical condition, require care and services which can be made available to them only through institutional facilities such as these.

35.

Catering Establishments. A facility whose primary purpose is to provide food, generally in large quantities, for banquets or for special events which are held off the premises not including a carry-out restaurant or a sit-down restaurant.

36.

Cemeteries/Mausoleums. Land or structures used for the burial of deceased persons.

37.

Community Residence. A group home or specialized residential care home serving persons with disabilities which is licensed, certified, or accredited by appropriate local, state or national bodies. A community residence is deemed small when the number of unrelated disabled persons living in the residence is less than five and deemed large when the number of unrelated disabled persons living in the residence is between five and eight.

Community Residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason is substance abuse.

38.

Compassionate Use of Medical Cannabis Program Act. The Illinois Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq.

39.

Conference Room/Meeting Hall. A facility with space available for lease by private parties primarily for meetings.

40.

Construction Yard. An establishment with space used for bulk storage of landscape and building material, heavy construction equipment and machinery, and which may include the provision of services, the fabrication of building related products, the operating of machinery, and the construction yard's business office.

41.

Contractor's Design Showroom. A room or group of rooms used for conducting administrative, clerical and general office affairs, which includes a design showroom but does not include on-site storage of contractor's vehicles, equipment and materials.

42.

Contractor's Office. A room or group of rooms used for conducting administrative, clerical and general office affairs but not including design showrooms or any on-site storage of contractor's vehicles, equipment and materials.

43.

Contractor's Shop. An establishment used for conducting administrative, clerical and general office (business) affairs, indoor repair, maintenance and/or storage of a contractor's vehicles, equipment and materials, and may include the contractor's business office and may include a design showroom.

44.

Convenience Store. A small retail establishment solely for the purpose of selling food, tobacco, periodicals, beverages, and other household items, in limited size and produce choices with the intent of quick service. Reheating and/or selling of already prepared/prepackaged food for consumption off the premises does not make a convenience store a restaurant.

45.

Court. An open area unobstructed from the ground to the sky. An inner court is bounded on more than three sides by the exterior walls of one or more buildings. An outer court is bounded on not more than three sides by the exterior walls of one or more buildings.

46.

Cultivation Center. "Cultivation Center" has the meaning set forth in the Compassionate Use of Medical Cannabis Program Act.

47.

Curb Level. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the "curb level."

48.

Day Care Center. Any institution or place in which are received three or more children, apart from their parents or guardian, under the age of six years, for care during part or all of a day between 6:00 a.m. and 9:00 p.m. The term is further construed to include similar units operating under any other name whatsoever with or without stated educational purposes.

This definition does not include "Group Care Home," "Group Day Care Home," "Foster Family Home," "Centers for Mental Retarded," licensed by the State of Illinois, bona fide kindergartens or "Day Nursery Schools," established in connection with grade schools supervised or operated by a private or public Board of Education or approved by the State Department of Public Instruction.

49.

Day Care Facility. Any facility operated for the purpose of providing care, protection and guidance to more than eight adults during only part of a 24-hour day. This term excludes public and private educational facilities or any facility offering care to individuals for a full 24-hour period.

50.

Day Care Home. A day care home means a family home which receives more than three up to a maximum of 12 children for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12. The term does not include facilities which receive only children from a single household.

51.

Deck. A raised platform over 16" above grade directly attached to the principal building. The height of any deck shall not exceed the height of the first full story above grade.

52.

Debilitating Medical Condition. "Debilitating Medical Condition" has the meaning set forth in the Compassionate Use of Medical Cannabis Program Act.

53.

Dispensing Organization. "Dispensing Organization" has the meaning set forth in the Compassionate Use of Medical Cannabis Program Act.

54.

Dispensing Organization Agent. "Dispensing Organization Agent" has the meaning set forth in the Compassionate Use of Medical Cannabis Program Act.

55.

Dormitory. A building or portion thereof, which contains living quarters for students, staff or members of an accredited college, university, boarding school, theological school, hospital, religious order or comparable organization; provided that the building is owned and managed by the organization and contains common cooking and eating areas.

56.

Drive-Through Facility. A facility, establishment, or portion thereof, such as a bank or restaurant, that is designed, intended or used for transacting business with customers who remain in their vehicles.

57.

Driveway. A private motor vehicle access way between the roadway and a parking area within a lot. A Shared Driveway is a private roadway providing access from a street to two or more dwellings on the same lot.

58.

Dwelling. A building or portion thereof, designed or used exclusively for residential occupancy, including one family dwelling units, two-family dwelling units, and multiple-family dwelling units, but not including hotels or motels. Kitchens and bathrooms must be permanently installed. An Attached Dwelling is one which is joined to another dwelling or dwellings at one or more sides by a party wall or walls and designed exclusively for the occupancy by one family. A detached dwelling is one which is entirely surrounded by open space on the same lot designed exclusively for occupancy by one family. There may be one family dwellings, two family dwellings or multiple-family dwellings. a multiple family dwelling consists of a building or portion thereof designed or altered for occupancy by three or more families living in individual apartments with separate kitchen and bath facilities for each apartment.

59.

Dwelling Unit. One or more rooms in a dwelling designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities. An efficiency dwelling unit is one which consists of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

60.

Earth Station. Any disc antenna with an essentially solid surface, whether flat, concave, or parabolic, which is designed for receiving television, radio, or data microwave signals from satellites. There are two kinds of earth stations:

a.

Commercial Earth Station is any earth station used in conjunction with communication facilities for use in commerce or industry.

b.

Non-Commercial Earth Station is any earth station used for private radio and television reception only.

61.

Floor Area (for determining off-street parking and loading requirements). The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings.

62.

Floor Area (for determining compliance with dwelling standards). The floor area shall be measured from the interior walls, excluding utility rooms, cellars, basements, open porches, breezeways, garages, and other spaces that are not used frequently or during extended periods of living, eating or sleeping purposes. Enclosed spaces intended for habitable rooms which are to be completed within a reasonable time may be considered in computing such floor area.

63.

Floor Area Ratio (F.A.R.). The total floor area of the building or buildings on that zoning lot divided by the area of such zoning lot, or in the case of planned unit developments, by the net site area. F.A.R. is measured from the exterior faces of the exterior walls or from the centerline of walls separating buildings.

For determining floor area ratio, the floor area of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings.

The "Floor Area" of a building shall include basement floor area when more than one-half of the basement height is above the established curb level or above the finished lot grade level where curb level has not been established; that floor area of attached and/or detached garage in excess of 400 square feet for a single-family residential unit; elevator shafts and stairwells at each floor; floor space used for mechanical equipment, open or enclosed, located on the roof; penthouses; attic or volume space having headroom of seven feet or more; interior balconies and mezzanines; and enclosed porches, and floor area devoted to accessory uses. However, any space, except a single-family attached or detached garage, that is devoted to off-street parking or loading shall not be included in "Floor Area."

In determining the floor area ratio for lots having detached garages, 100 percent of the total floor area of the detached garage shall be excluded from the FAR calculation if there are no other garages on site, if the structure is architecturally compatible with the principal dwelling unit, and if 50 percent or more of the existing homes that both front on the same side of the street and are contained between two adjacent streets which intersect that street also have detached garages.

64.

Food Store. A place of business where food such as meats, dairy products, frozen foods, produce, and dry goods are sold for retail trade.

65.

Foot Massage. A place of business which provides any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external soft parts of the foot, ankle and lower leg below the knee only, to be performed in an open space as opposed to individual rooms.

66.

Frontage. All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all property abutting on one side between an intersecting street and the dead-end of the street.

67.

Funeral Parlor. A commercial establishment at which preparations are made, and ceremonies are held, in connection with embalming, cremation, or burial of deceased persons.

68.

Garage. A building or structure or part thereof used or intended to be used for the parking and storage of vehicles.

69.

Garage, Private Customer and Employee. A structure (above or below ground) which is accessory to a commercial, institutional or manufacturing establishment, building or use utilized for the parking and storage of vehicles operated by the customers, visitors, and employees of such building.

70.

Garden Center. A place of business where plants, nursery products, fertilizers, potting soil, tools, and garden utensils are sold to the customer.

71.

Gazebo or Pergola. An accessory building that is a detached, covered, freestanding, open air structure.

72.

Geothermal Energy System. A renewable energy system using equipment that circulates relatively constant ground temperatures throughout buildings using an underground based piping system and a heat pump.

73.

Grade. The degree of rise or descent of a sloping surface.

a)

For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.

b)

For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining street.

c)

For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Any wall approximately parallel to and not more than five feet from a street line shall be considered as adjoining the street. Where no sidewalk exists, the grade shall be established by the Village Engineer.

74.

Health Clubs. A commercial establishment designed for the purpose of physical sports and fitness, which includes, but is not limited to, equipment such as weight resistance machines, whirlpools, saunas, showers, and lockers. Health clubs may include large rooms equipped for physical exercise or sports clubs such as tennis or racquet clubs. "Health Clubs" does not include government owned recreation facilities.

75.

Home Occupation. A use of a dwelling unit carried on by members of the immediate family residing on the premises.

76.

Hospital/Health Care Facility. An institution providing primary health services and medical or surgical care to persons, primarily as in-patients suffering from illness, disease, injury, and other physical or mental conditions and including as an integral part of the institution, related facilities such as laboratories, out-patient facilities or training facilities.

77.

Hotel. A building primarily designed for transient occupancy containing lodging rooms or suites accessible from a common hall or entrance, providing living, sleeping and bathroom facilities. A central kitchen, meeting rooms, dining rooms and recreation rooms may also be provided.

78.

Impervious Surface Coverage. Any hard-surfaced, man-made area that does not readily absorb or retain water, including, but not limited to, buildings, patios, paved parking and driveway areas, walkways, sidewalks and paved recreation areas (e.g. basketball court, tennis court, swimming pool).

79.

Incidental Use. A use which is associated with and subordinate to the principal permitted use.

80.

Institution, Residential. A housing facility owned, managed, supervised or controlled by an organization such as a place of worship, public school, hospital, intermediate care facility or municipal owned or operated building. Such housing facility shall be used for dwelling purposes only and be limited to members of, or persons under the supervision or control of the institutional organization such as, but not limited to, elderly, students, clergy, and disabled.

81.

Kennel. Any lot or premises or portion thereof on which more than four dogs, cats, and other household domestic animals, over four months of age, are kept, or on which more than two such animals are boarded for compensation or kept for sale.

82.

Library, Museum or Other Similar Building, Private. A commercial establishment used as a planetarium, library, or for exhibitions such as aquariums, arboretums, art, botanical gardens, historic sites, and exhibits.

83.

Lodging Room. A room rented in a facility having three or more rented rooms as sleeping and living quarters, but without cooking facilities and which may have individual bathrooms. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one "lodging room" for the purposes of this Code.

84.

Lot. A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit. The following are the different types of lots:

a.

Corner Lot. A parcel of land situated at the intersection of two or more streets or adjoining a curved street at the end of a block.

b.

Reversed Corner Lot. A corner lot, the rear of which abuts upon the side of another lot.

c.

Double Frontage Lot. A lot having frontage on two non-intersecting streets.

d.

Flag Lot. A substandard lot of record that does not have its full "frontage" abutting a street. The lot width shall be measured at the required setback line for the building.

e.

Interior Lot. A lot other than a corner or reversed corner lot.

f.

Substandard Lot of Record. Any lot lawfully existing at the time of adoption or amendment of this Zoning Code that is not in conformance with the dimensional and/or area provisions of this Zoning Code.

g.

Through Lot. A lot having frontage on two parallel or approximately parallel streets but which is not a corner lot.

h.

Zoning Lot. A tract of land which is designated or required as a tract to be used to attain compliance with the regulations of the zoning district in which it is located, or developed or built upon as a unit, under single ownership or control. A "zoning lot" may or may not coincide with a lot of record.

85.

Lot Area. The area bounded by the lot lines, the right-of-way line of any street adjoining the lot, and the centerline of the right-of-way of any private access road adjoining the lot. For the purpose of determining the lot area per dwelling unit, the total lot area shall be measured with the exclusion of land in the public or private streets right-of-way and land dedicated for park or school purposes.

86.

Lot Depth. The mean horizontal distance between the front and rear lot lines measured within the lot boundaries.

87.

Lot Frontage. The frontage of a lot shall be that boundary of a lot along a public street excluding lot access areas.

88.

Lot Width. The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.

89.

Manufacturing. The mechanical or chemical transformation of materials or substances into new products including the assembling of components, parts, the manufacturing of products and the blending of materials.

90.

Marquee or Canopy. A roof-like structure of a permanent nature that projects from the wall of a building and overhangs the public way.

91.

Massage/Accu-Pressure Establishment. A place of business which provides any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations used in this practice, under such circumstance that it is reasonably expected that the person to whom treatment is provided, or some third party on such person's behalf, will pay money or give other consideration or any gratuity therefore.

92.

Medical or Dental Laboratory. A place of business devoted to the testing and analysis for the medical profession or to the preparation of dentures and similar items for dental preparation.

93.

Medical Cannabis Infused Product. "Medical Cannabis Infused Product" has the meaning set forth in the Compassionate Use of Medical Cannabis Program Act.

94.

Microbrewery. A brewery that produces no more than 930,000 gallons of beer per year and which is licensed as a Class 1 brewer by the State of Illinois.

95.

Motel. A building or buildings designed for transient occupancy containing lodging rooms or suites accessible through a common hall or separate outside entrances, providing living, sleeping, and bathroom facilities. No room shall be equipped with kitchen facilities.

96.

Motor Home. A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

97.

Nameplate. A sign indicating the name and/or address of a building, or the name of an occupant thereof and/or the practice of a permitted occupation therein.

98.

Non-Conforming Building. A building or structure, or portion thereof, lawfully existing at the time of the adoption of this Code, which was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is located.

99.

Non-Conforming Use. A use which lawfully occupied a building or land at the time of adoption of this Code but which no longer conforms with the use regulations or the district in which it is located.

100.

Nursing Home. An extended or intermediate care facility licensed or approved to provide fulltime convalescent or chronic care to individuals who by reason of advanced age, chronic illness or infirmity are unable to care for themselves.

101.

Off-Street Loading Space. An open, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors and trailers to avoid undue interference with the public use of streets and alleys.

102.

Office, Medical or Dental. The office of a member of the medical or dental profession requiring licensing by the State and maintenance of professional standards applicable to the field for which services are provided on an out-patient basis.

103.

Office, Non-Medical and Non-Dental. A use or structure other than a medical use where business or professional activities are conducted and/or business or professional services are made available to the public, including, but not limited to, tax preparation, accounting, architecture, legal services, real estate and securities brokering, and professional consulting services. "Office" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

104.

Overlay Zoning District. An overlay-zoning district is a mapped area with restrictions beyond those in the underlying zoning. An overlay district is used to achieve planning objectives, which may not be achieved through the underlying zoning. Where conflicts arise between the overlay district and the underlying zoning, the overlay district restrictions apply.

105.

Parcel Delivery and Pick-Up Service. An establishment where parcels, not exceeding 120 inches in length or girth and not exceeding 125 pounds, are being received for the shipment and delivery to other destinations or are available for pick-up after arriving from other locations.

106.

Parking Area. An open or covered, hard-surfaced area, other than street, alley or public right-of-way, used for the parking of vehicles.

a.

A private parking area is for private vehicles only, of occupants of the building or buildings for which the parking area is developed and is accessory.

b.

A public parking area is for the storage of vehicles of occupants of the building or buildings for which the parking area is developed and is accessory.

107.

Patio. A level landscaped and/or surfaced area.

108.

Pawn Shop/Cash Converter Facility. A building or use, the principal purpose of which is the lending of money on deposit or pledge of personal property, or dealing in the purchase of personal property on condition of selling the same back at a stipulated price.

109.

Personal Trainer. A physical fitness trainer who provides individual fitness counseling.

110.

Pervious Surface. A surface that presents an opportunity for precipitation to infiltrate into the ground.

111.

Pet Grooming Establishments. Any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged.

112.

Pet Shops and Supply Stores. A retail sales establishment primarily involved in the sale of domestic animals, such as dogs, cats fish, birds, reptiles, and related pet supplies, but excluding exotic animals and farm animals such as horses, goats, sheep and poultry.

113.

Physical Rehabilitation Center. A facility licensed by the State of Illinois providing treatment on an out-patient basis to remove or reduce the risk of injury, impairment, functional limitation or disability, including the promotion and maintenance of fitness, health and wellness through a rehabilitation plan of therapeutic intervention.

114.

Pickup Camper. A structure designed for recreational use, designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling.

115.

Places of Worship. A building, together with its accessory buildings and uses, that is primarily used as a place where persons regularly assemble for religious worship. "Places of Worship" includes uses such as synagogues, churches, temples, mosques, and similar buildings. Buildings primarily used for residential purposes that have not undergone any interior or exterior structural modification to accommodate group assembly, and with no external evidence that advertises non-residential activities, and in which worship services and related activities occur, are not places of worship.

116.

Playhouse. A freestanding structure, with a maximum height not to exceed 12 feet in a side yard and 15 feet in a rear yard.

117.

Porch. A covered protection from a wall of a building that may or may not use columns or other ground supports for structural purposes and which is primarily used to provide an extension of the living area.

118.

Portico. A roofed structure projecting from the building which has no enclosures of any kind and which has an entry surfaced area that does not exceed eight feet in width and does not extend more than four feet out from the building.

119.

Principal Building. A building in which the residence or permitted primary use of the lot is conducted.

120.

Principal Use. The main use of land or buildings, as distinguished from a subordinate or accessory use, to which premises are devoted comprising at least 80 percent of the floor area and the primary purpose for the premises.

121.

Private Roadway. The paved area, exclusive of sidewalks, driveways or related uses, on private property, used or intended to be used for circulation, passage or travel of motor vehicles from a street to two or more adjacent parcels.

122.

Public Utility. Any person, firm, corporation or municipal department duly authorized to furnish, under public regulation, to the public, electricity, gas, steam, telephone, telegraph, transportation, cable television, water, and other data transmission services.

123.

Qualifying Patient. "Qualifying Patient" has the meaning set forth in the Compassionate Use of Medical Cannabis Program Act.

124.

Railroad Right-of-Way. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops or water towers.

125.

Research Laboratory. A place devoted to experimental study such as testing and analyzing but which does not include manufacturing, assembly or packaging of products.

126.

Repair, Major. Includes any action which fixes, mends, or restores products other than motor vehicles:

a.

Major Repair is repair of products such as furniture, refrigerators, or similar products which generally require storage yards or storage area.

b.

Minor Repair is repair of products such as shoes, watches, jewelry, and electronics.

127.

Restaurant. Any building or part thereof where food is cooked or prepared for compensation, for the general public and for immediate consumption on or off the premises.

128.

Restaurant-Amusement Device Arcade. An establishment primarily devoted to the sale of food and beverage and partially devoted to the use of more than ten coin-operated amusement devices.

129.

School. An institution conducting regular academic instruction at the kindergarten, elementary, middle school and high school levels.

a.

Public School. A public institution which offers general academic instruction equivalent to the standards prescribed by the School Code of Illinois.

b.

Private School. A non-public institution which offers programs accepted by the State of Illinois in lieu of public instruction.

130.

School, Arts and Health. A commercial establishment used for the teaching of dance, aerobics, art, martial arts, yoga, music, photography, or other similar activities to children and adults, but which does not offer academic instruction equivalent to the standards prescribed by the Illinois School Code.

131.

School, Trade or Commercial. A commercial establishment which principally offers specific courses for instruction in business, trade, or industry, or specific supplemental academic instruction courses but does not offer academic instruction equivalent to the standards prescribed by the Illinois School Code.

132.

Salon. Any establishment where cosmetology services are provided including hair care, nail care, and skin care on a regular basis for compensation.

133.

Seating Area. Areas used to consume food or beverages on the customer side and which provide access to areas such as buffets, bars, or serving tables.

134.

Senior Living Facility. A building or group of buildings intended for individuals 62 years of age or older, or couples at least one member of which is 62 years of age or older, in which food, shelter, or personal assistance or supervision are provided for a period exceeding 24 consecutive hours for one or more adults who are not relatives of the operator and who require assistance or supervision in matters such as dressing, bathing, diet or medication prescribed for self-administration, but do not require hospitalization or care in a nursing home.

135.

Sheltered Care. An establishment licensed to provide assistance, supervision or oversight to residents, usually short term. A sheltered care home may not provide skilled or intermediate nursing services nor care for those cases for which hospitalization is generally required.

136.

Solar Energy System. A renewable energy system consisting of a collection of parts including any base, mounts, tower, solar collectors and accessory equipment such as utility interconnections and solar storage batteries in such a configuration as necessary to convert solar radiation into thermal or electrical energy. There are three types of solar energy systems:

a.

Roof Mounted. A renewable energy system consisting of equipment installed on the roof of a principal or accessory building located between the eave and ridge used for the conversion of sunlight into a usable form of electrical energy or to heat water.

b.

Wall Mounted. A renewable energy system consisting of equipment installed on a wall of a principal or accessory building below the eave, or where there is a flat roof the space below the top of a parapet, used for the conversion of sunlight into a usable form of electrical energy or to heat water.

c.

Ground Based. A renewable energy system consisting of equipment used for the conversion of sunlight into a usable form of electrical energy placed on the ground of a zoning lot and which is not attached to any principal or accessory building.

137.

Sports Wagering Facility. A facility at which wagering is conducted with respect to the outcome or portions of a professional sport or athletic event, a collegiate sport or athletic event, a motor race event, or other event or competition of skill, or with respect to the individual performance statistics of athletes in a sports event or combination of sports events, or with respect to any other events upon which wagering is permitted under the Illinois Sports Wagering Act, 230 ILCS 45/25-1 et seq., as it may be amended.

138.

Stadium. A commercial building that is either open, enclosed, or with a retractable roof that is used primarily for spectator sports and major events, and partly or completely surrounded by ticketed or reserved spectator seating.

139.

Storage Facility. A place where goods, materials, or personal property is placed and kept for more than 24-consecutive hours.

140.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 in height shall be considered as an additional story for each 14 or fraction thereof.

141.

Story, Half. That portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than four and one-half feet above the finished floor of such story. In the case of one family dwellings, two-family dwellings and multiple-family dwellings less than three stories in height, a half story in a sloping roof shall not be counted as a story for the purposes of this Code. In the case of multiple-family dwellings three or more stories in height, a half story shall be counted as a story.

142.

Structure. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or freestanding wall, television antenna towers, earth stations, or other devices receiving electronic signals. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.

143.

Structural Alterations. Any change except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.

144.

Theater. A commercial establishment open to the public in which plays, movies, choirs, comedy acts, or dramatic performances are provided for a fee or admission charge.

145.

Travel Trailer. A rigid, non-collapsible structure designed to provide temporary living quarters primarily for recreational use, constructed with integral wheels to make it mobile land/or towable by a motor vehicle.

146.

Tree House. An accessory structure which utilizes one or more trees for structural support and/or incorporates the tree into the design.

147.

Used Car Lot. A zoning lot on which used cars are displayed for sale or trade.

148.

Vehicle. Any device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

a.

Commercial Vehicle. Any type of vehicle used or maintained for commercial purposes, primarily to transport material or operate a power attachment or tool, such as a snowplow or any vehicle containing cargo for commercial purposes. For purposes of this Chapter, any vehicle with advertising or a business designation affixed to it shall be considered a commercial vehicle.

b.

Recreational Vehicle (RV). An RV shall include, but not be limited to, camper trailer (pop-up), motor home, off-road vehicle, open trailer, pickup camper, snowmobile, travel trailer and water craft.

149.

Trailer. Any motorized or non-motorized vehicle intended to carry or store a recreational vehicle. An open trailer or a trailer not carrying or storing an RV shall be considered an RV for the purposes of this Code.

150.

Window Wells. A space maintained between a below grade window and the surrounding soil. The window well provides drainage or air or light around the window and in some cases, an egress route from the structure.

151.

Yard. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this Code, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located. The following are the specific definitions for each type of yard:

a.

Exterior Side Yard. That part of the yard on a corner lot, lying between the exterior side lot line and the nearest line of the principal building and extending from the front yard (or from the front lot line, if there is no required front yard) to the rear yard (or from the rear lot line, if there is no required rear yard). On a corner lot, the larger of the two lot dimensions adjacent to the street shall be considered the exterior side yard.

b.

Front Yard. A yard extending across the full width of the zoning lot and lying between the lot line which fronts on a street and the nearest line of the principal building. On a corner lot, the smaller of the two dimensions adjacent to a street shall be considered the front yard.

c.

Rear Yard. A yard extending across the full width of the zoning lot and lying between the rear line of the lot and the nearest line of the principal building.

d.

Side Yard. That part of the yard lying between the nearest line of the principal building and a side lot line, and extending from the front yard (or from the front lot line, if there is no front yard) to the required rear yard (or from the rear lot line, if there is no required rear yard)."

(Ord. No. 2024-71, § 2, 12-16-2024)