Bannockburn City Zoning Code
ARTICLE XII
Applicability and Interpretation
§ 260-1201 General scope.
A.
Territorial application. This code shall apply to all land, structures, and uses within the corporate limits of the Village.
B.
General application. All structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocations of existing structures occurring hereafter, and all enlargements and extensions of, additions to, changes in, and relocations of existing uses occurring hereafter shall be subject to all regulations of this code applicable to the zoning districts in which such land, structures, or uses are located. Existing structures and uses that do not comply with the regulations of this code shall be subject to the provisions of Article X of this code relating to nonconformities.
C.
General prohibition. No structure, no use of any structure or land, and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, enlarged, extended, altered, moved, divided, or maintained in any manner, except as authorized by the provisions of this code and except in compliance with the regulations of this code. Without limiting the foregoing, any such activity that would cause any existing structure not to comply with this code or that would create any parcel of land that could not be developed in compliance with this code shall be prohibited.
D.
Exempt uses.
(1)
Utility lines. The following utility uses are exempt from the provisions of this code: poles, wires, cables, conduits, reservoirs, vaults, laterals, pipes, mains, and valves, but not including substations located on or above the surface of the ground, for the distribution to consumers of telephone, cable television or other communications, electricity, gas or water, or for the collection of sewage or surface water. All utility uses shall, however, comply with Chapter 205, Subdivision Regulations, of the Village Code and other applicable ordinances of the Village.
(2)
Railroad uses. Railroad facilities or uses located on railroad rights-of-way and existing on the effective date of this code shall be exempt from its provisions. Any other railroad facilities or uses, or any change of such existing facilities or uses, and any other uses of railroad rights-of-way shall be subject to all of the provisions of this code.
E.
Private agreements. This code is not intended to abrogate, annul, or otherwise interfere with any platted building line, easement, covenant, or other private agreement or legal relationship; provided, however, that where the regulations of this code are more restrictive or impose higher standards or requirements than such platted building line, easement, covenant, or other private agreement or legal relationship, the regulations of this code shall govern.
§ 260-1202 Applicability to variations and special uses.
A.
Existing variations and special uses. Any variation or special use permit lawfully issued prior to the effective date of this code, or any amendment to it, that could be lawfully issued pursuant to the provisions in effect after such effective date shall be deemed to be and continue valid after such effective date, subject to any conditions placed thereon at the time of issuance. Any structure or use lawfully authorized by any such variation or special use permit that could not be so issued after such effective date shall be subject to the provisions of Article X of this code dealing with nonconformities.
B.
Existing uses and structures newly requiring special use permit. The owners of any use or structure lawfully existing on the effective date of this code, or any amendment to it, that did not, prior to such effective date, require a special use permit but which, after such effective date, does require a special use permit may continue such use or maintain such structure by securing therefor a special use permit pursuant to the standards and procedures of § 260-1162 and other applicable provisions of this code. Unless and until such a permit is so secured, such use shall be subject to the provisions of Article X of this code dealing with nonconformities.
§ 260-1203 Building permits issued prior to effective date.
A.
New code shall apply. All work, structures, and uses authorized by building permits issued prior to the effective date of this code or any amendment to it, and for which a certificate of occupancy had been issued prior to such effective date, shall not be affected by this code. Except as provided in Subsections B and C of this section, no certificate of occupancy shall be issued following the effective date of this code or any amendment to it unless the work, structure, or use for which the certificate of occupancy is sought is made to fully comply with the applicable provisions of this code or any such amendment.
B.
Right to complete construction pursuant to approved plans. Nothing in this code, or any amendment to it, shall be deemed to require any change in the plans, construction, or designated use of any structure if:
(1)
A building permit for such structure was lawfully and properly issued prior to the effective date of this code or any such amendment to it, or such permit is issued after such effective date based upon a complete and proper application for such permit filed prior to such effective date; and
(2)
Such permit had not by its own terms expired prior to such effective date; and
(3)
Such permit was lawfully and properly issued in accordance with the law in effect prior to such effective date; and
(4)
Construction pursuant to such permit is commenced prior to the expiration of such permit and within 180 days of such effective date and is thereafter diligently pursued to completion.
C.
Right to occupy as nonconformity. Upon completion pursuant to Subsection B of this section, such structure may be occupied by, and a certificate of occupancy shall be issued for, the use designated on such permit, subject thereafter, to the extent applicable, to the provisions of Article X of this code relating to nonconformities.
§ 260-1204 Pending applications.
A.
New code shall apply. This code, and any amendment to it, shall apply to all applications for variations, amendments, and special use permits pending and not yet finally decided on the effective date thereof to which it would apply if such applications were filed on or after such effective date.
B.
Notification to applicants. Within 30 days following the effective date of this code, or any amendment to it, the Building Commissioner shall inform each applicant named on each application referred to in Subsection A of this section that said application is subject to the provisions of this code, as amended, and will be processed in accordance therewith; that the applicant may, within 30 days following the mailing of such notice, refile, without additional fee, its application on the basis of this code, as amended; and that if the applicant does not so refile, its application may be denied for noncompliance with the provisions of this code, as amended.
C.
Duty of applicant. Notwithstanding the provisions of Subsection B of this section, it shall be the responsibility of each applicant having an application pending on the effective date of this code, or any amendment to it, to modify such application in accordance with the terms and provisions of this code, as amended, and the failure to do so, whether or not the procedures of said subsections have been followed, may result in denial of such application for failure to comply with this code, as amended. Any modification or refiling of an application pending on such effective date in order to comply with the provisions of this code, as amended, shall be permitted at any time prior to the final disposition of such application and shall be permitted without payment of any additional fee.
D.
Processing of pending applications. Upon the refiling of any pending application as herein provided, or upon notification from the applicant that it will not refile or modify its application, or upon the expiration of 60 days following the effective date of this code or any amendment to it, whichever occurs first, such pending application shall be processed in accordance with the terms of this code, as amended; provided, however, that the application requirements, hearing requirements and procedural requirements set forth in Article XI, Part 3, and §§ 260-1153D, 260-1161D, 260-1162D, and 260-1163D of this code shall not apply to any such pending application and each such application shall be processed in accordance with the application, hearing, and procedural requirements that were in effect on the date such application was filed. Notwithstanding any other provision of this section, the Building Commissioner shall have the authority to request additional data, information, or documentation for pending applications when, in his or her judgment, such additional data, information, or documentation is necessary or appropriate to a full and proper consideration and disposition of such pending application.
§ 260-1205 Repeal of prior provisions.
The Bannockburn Zoning Ordinance, as adopted by ordinance dated June 13, 1960, and as amended from time to time thereafter prior to the adoption of Ordinance No. 96-17 providing for the comprehensive revision of said ordinance by the adoption of this code, shall be, and it and all of said amending ordinances are, hereby repealed in their entirety. Except as expressly provided in this code, such repeals shall not affect or impair any act done, offense committed, or right accruing, accrued, or acquired, or liability, penalty, forfeiture, or punishment incurred prior to the time such repeal takes effect, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted as fully and to the same extent as if such repeal had not been effected.
§ 260-1206 Severability.
A.
Intent as to severability. The several provisions of this code shall be severable in accordance with the following rules:
(1)
Provisions declared invalid. If any court of competent jurisdiction shall adjudge any provision of this code to be invalid, such judgment shall not affect any other provisions of this code.
(2)
Applications declared invalid. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this code to a particular parcel of land, a particular structure or a particular use, such judgment shall not affect the application of said provision to any other land, structure, or use.
B.
Applicable regulations following declaration of invalidity. Whenever the provisions of this code are declared invalid in their application to any particular parcel of land, the Zoning Map provided for in § 260-203 of this code shall continue to show such parcel in the zoning district applicable to it pursuant to this code unless and until such district is changed by an amendment adopted by the Board of Trustees pursuant to § 260-1161 of this code; provided, however, that the parcel in question shall also be marked with a star or other distinctive marking to direct attention to the court decree affecting said parcel. The Building Commissioner shall maintain a file of any such decrees. The provisions of any such decree shall be deemed to modify the otherwise applicable provisions of this code as they apply to said parcel to the extent provided in said decree but said parcel shall otherwise remain subject to the provisions of this code.
§ 260-1207 When effective; publication.
This code shall take effect immediately upon, and its effective date shall be the date of, its passage by a vote of 2/3 of the corporate authorities then holding office and its approval by the Village President, the corporate authorities hereby finding that the immediate implementation of this code is a matter of urgency; provided, however, that the following provisions of this code shall not take effect until one year following said effective date: § 260-901D7(d) and (e), and § 260-907 insofar as it requires buffering and screening of structures and uses existing on said effective date. The Building Commissioner is hereby authorized and directed to publish this code in pamphlet form and to publish an appropriate notice of its adoption and availability in a newspaper of general circulation in the Village.
§ 260-1221 Provisions are minimum requirements.
In their interpretation and application, the provisions of this code shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, and general welfare, as set forth in the provisions hereof establishing the intent and purpose of this code in general and its various sections in particular. When the provisions of this code impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this code shall be controlling. When the provisions of any statute, other ordinance, or regulation impose greater restrictions than this code, the provisions of such statute, other ordinance, or regulation shall be controlling.
§ 260-1222 Provisions are cumulative.
The provisions of this code shall be interpreted to be cumulative of, and to impose limitations in addition to, all other codes, laws, and ordinances in existence or which may be passed governing any subject matter of this code. The several provisions of this code shall also be interpreted to be cumulative of each other. To the greatest extent possible, the provisions of this code shall be construed to be consistent with, and not in conflict with, the provisions of such other codes, laws, and ordinances, and with each other, to the end that all such provisions may be given their fullest application.
§ 260-1223 Provisions are not consent, license or permit.
The provisions of this code shall not be interpreted to be, or to grant, a consent, license, or permit to use any property or to establish, locate, construct, or maintain any structure or use, or to carry on any trade, industry, occupation, or activity.
§ 260-1224 Unlawful uses and structures not validated.
This code shall not be interpreted to validate or make lawful any unlawful use or structure existing upon the effective date of this code. Any such unlawful use or structure shall remain unlawful to the extent that said use or structure is in conflict with the provisions of this code.
§ 260-1225 Word usage.
A.
Tense and form. Words used or defined in one tense or form shall include other tenses and derivative forms.
B.
Number. Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.
C.
Gender. The masculine gender shall include the feminine and neuter. The feminine gender shall include the masculine and neuter. The neuter gender shall include the masculine and feminine.
D.
Shall and may. The word "shall" is mandatory. The word "may" is permissive.
E.
Time. The time within which any act required by this code is to be performed shall be computed by excluding the first day and including the last day, unless the last day is a Saturday or Sunday or a holiday declared by the United States Congress or the Illinois General Assembly, in which event it shall also be excluded.
F.
Person. The word "person" includes individuals, firms, partnerships, joint ventures, trusts, trustees, estates, corporations, associations, and any other similar entities.
G.
Used for. The phrase "used for" shall include intended for, designed for, occupied for, maintained for, and arranged to be used or occupied for whenever that interpretation would result in the regulation being more restrictive in its application to any use or structure.
H.
Village. The word "Village" means the Village of Bannockburn, Lake County, Illinois.
I.
County. The word "county" means the County of Lake, Illinois.
J.
Undefined terms. Any word not defined in § 260-1226 of this code shall have the meaning given in any applicable Village code or ordinance or, if none, in Webster's New International Dictionary, Second Edition, 1975, except for words employed to refer to the permitted uses and special uses of this code, which shall be interpreted, insofar as applicable, in accordance with the meaning established in the Standard Industrial Classification Manual, 1987, as amended through the effective date of this code.
K.
Captions, illustrations, and tables. In case of any difference of meaning or implication between the text of this code and any caption, illustration, or table, the text shall control.
L.
Article, section, and paragraph headings. This code is divided into articles, parts, sections, subsections, paragraphs, and subparagraphs that shall be numbered according to the following format:
§ 260-1226 Definitions.
[Amended by Ord. No. 97-04; 2-23-1998 by Ord. No. 98-07; 12-14-1998 by Ord. No. 98-28; 6-26-2000 by Ord. No. 2000-15; 6-11-2001 by Ord. No. 2001-14; 11-12-2002 by Ord. No. 2002-29; 1-26-2004 by Ord. No. 2004-04; 12-9-2005 by Ord. No. 2005-34; 9-27-2010 by Ord. No. 2010-33; 1-10-2011 by Ord. No. 2011-04; 4-25-2011 by Ord. No. 2011-16; 11-12-2013 by Ord. No. 2013-21; 5-8-2017 by Ord. No. 2017-09; 5-22-2017 by Ord. No. 2017-12; 9-11-2017 by Ord. No. 2017-25; 9-25-2017 by Ord. No. 2017-27; 2-10-2020 by Ord. No. 2020-04; 3-14-2022 by Ord. No. 2022-04; 6-10-2024 by Ord. No. 2024-12]
When used in this code, the following terms shall have the meanings herein ascribed to them:
To touch, to lie immediately next to, to share a common wall or lot line, or to be separated by only a street, alley, or drainage course.
See § 260-901 of this code.
To lie near, close to, or in the vicinity.
See § 260-906E of this code.
A public right-of-way that affords only a secondary means of vehicular access to abutting property.
Any change in the size, shape, character, occupancy, or use of a structure.
See "structural alteration."
An antenna and antenna support structure having a combined surface area greater than 10 square feet or having any single dimension exceeding 12 feet that are capable of transmitting as well as receiving signals and are licensed by the Federal Communications Commission as an amateur radio facility.
See § 260-1161 of this code.
See § 260-906E of this code.
Any structure designed for transmitting signals to a receiving station or for receiving television, radio, data, or other signals from satellites or other sources, or both.
Any structure used for the principal purpose of supporting an antenna.
See "surface area, antenna."
See § 260-1152 of this code.
The total land and water area included in a parcel that is the subject of an application filed pursuant to this code, excluding only property located in public rights-of-way or private easements of access or egress at the time of application.
The gross area of a parcel less land and water areas required or proposed to be publicly dedicated, or land to be devoted to private easements of access or egress. Both land and water areas not so publicly dedicated or devoted shall be included in the calculation of net area.
See § 260-906E of this code.
An automated device that performs banking or financial functions.
A roof-like covering, temporary in nature, that projects from the wall of a building.
See § 260-906E of this code.
The ordinance or resolution adopted by the Board of Trustees from time to time that sets forth fees, charges, and other reimbursable costs and expenses associated with various services and activities of the Village. To the extent that any fee, charge, or other amount is set forth in both the Zoning Code and the Bannockburn Fee Schedule, the amount set forth in the Bannockburn Fee Schedule shall control.
A portion of a structure located partly underground and having an average ceiling height above grade of more than two feet but less than six feet.
A hill or contour of land that acts as a visual barrier between a lot and adjacent properties, alleys, or streets.
A tract of land bounded by streets or by a combination of streets, public lands, railroad rights-of-way, waterways, or boundary lines of the Village.
The keeping, harboring, or otherwise maintaining on a lot of any dog that is not:
See "Zoning Board of Appeals."
The President and the Board of Trustees of the Village of Bannockburn.
Any means of protecting a parcel from the visual or auditory effects of an adjacent use. Buffering may include, but is not limited to, berming, fencing, landscaping, setbacks, or open spaces.
See "structure." "Building" shall in all cases be deemed to refer to both buildings and structures.
The Building Code of the Village of Bannockburn.[1]
The duly appointed member of the Board of Trustees charged with, among other things, the administration and enforcement of this code, subject to the superior right and power of the Board of Trustees to supervise and administer the government and affairs of the Village. When used in this code, the term "Building Commissioner" shall refer either to such official or to his or her duly authorized delegates.
The percentage of a lot's area covered by any building or structure. See also "lot coverage."
The longest straight line that can be drawn through a structure substantially parallel to the side or corner side lot lines of the lot on which it is located.
See "maximum building height" and "measured building height."
That exterior wall of a building or structure facing the front line of the lot on which it is located.
The longest straight line that can be drawn through a structure parallel to the front lot line.
See § 260-901 of this code.
A building surrounded entirely by open space.
A building in which is conducted the principal use or uses of the lot on which said building is situated.
Wind energy systems that are structurally attached either to the roof of or to the side of a building.
The regulations of this code pertaining to the permissible or required height, volume, area, floor area, floor area ratio, minimum lot area and dimensions, building coverage, lot coverage, and usable open space applicable to uses and structures. The term does not include yard requirements.
See § 260-906E of this code.
A development consisting of general business offices of a single business enterprise, including any of its divisions, affiliates, or subsidiaries, plus any ancillary uses central to the operations and functions of such business enterprise, including warehouse, sales, and storage facilities. A business headquarters must have a substantial office presence, including general management offices. In no event shall a business headquarters include as a principal use public warehousing or trucking.
See § 260-906E of this code.
The diameter of the trunk of a tree measured in inches at a point six inches above the ground line. This point of measurement is used for nursery stock.
A roof-like structure of a permanent nature that projects from the wall of a building.
See § 260-906E of this code.
Any of the tree species included in Appendix A to this code, or such similar trees approved by the Building Commissioner.[2]
An establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared, ready-to-eat foods intended to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is neither permitted nor encouraged.
A portion of a structure located partly or wholly underground having an average ceiling height above grade of not more than two feet.
See § 260-1142G of this code.
See § 260-1142 of this code.
See § 260-1141 of this code.
The means of access to a parking or loading space for a motor vehicle.
See § 260-906E of this code.
An undertaking in which the citizens of a community, by their cooperative action and as their central goal, seek to promote the general welfare and common good of the community; in other words, a community movement to accomplish community goals.
The district into which a parcel of land is placed and the body of regulations to which it is subjected by this code and the Zoning Map.
An institution of higher education that grants a bachelor's or more advanced degree at the completion of a course of study.
The use of a single support structure and/or site by more than one provider of personal wireless services.
A building separated on all sides from the adjacent open area, or from other buildings or structures, by a permanent roof and by exterior walls or party walls, pierced only by windows or doors normally provided for the accommodation of persons, goods or vehicles. However, a parking structure that has less than 50% of its outer wall space open but that does not allow any parked vehicle within said structure to be seen from the exterior thereof shall be considered a completely enclosed building.
See § 260-1121B of this code.
A group of not more than eight unrelated persons, living as a single housekeeping unit in a dwelling unit and sharing common facilities as considered reasonably appropriate for a family, consisting of persons with qualifying disabilities or handicaps as defined in the federal Fair Housing Act and Americans With Disabilities Act, as amended from time to time, and congregate home employees or administrators (if any), exclusive of any congregate home employees or administrators who do not reside therein.
See § 260-906E of this code.
See "lot, corner."
A porch, as defined herein, that is covered by a roof, canopy, or similar permanent structure.
A street having one end open and one end permanently terminated by a vehicular turnaround.
The street curb height at the midpoint of a lot line. Where no curb exists, the elevation of the crown of the street at the midpoint of the lot line shall be deemed to be the curb level.
A hood, shade, or other device on an exterior light fixture for shielding or obscuring the diffusion of illumination from the light source or sources of such fixture.
The angle between a vertical line from the center of a light source of an exterior fixture extended to the ground and the first line of sight at which the light source itself is not visible from the closer (as measured horizontally from the center of the light source) of either:
Daytime care or instruction of children away from their own homes by a person other than a relative, whether or not for compensation or reward.
A place providing day care for children and not operated as a home occupation.
A dwelling unit in which day care for children is being provided as a home occupation.
The diameter of the trunk of a tree measured in inches at a point 4.5 feet above the ground line. This point of measurement is used for established and mature trees.
A structure attached to or closely adjacent to any dwelling unit that is designed and intended for the support of persons; that is made of wood or synthetic material; that has no permanent or temporary cover or canopy; that is constructed on piers and without continuous foundation or footings; and that has no part extending above the floor level of the first story of such dwelling, excluding any cellar or basement; provided, however, that protective, decorative, or ornamental appurtenances such as hand railings, benches, and the like may extend to a height of 42 inches above such floor level.
The designation of land for a public use by the owner thereof.
The number of persons, families, or dwelling units or the amount of gross floor area in a building, on a lot, or in a development divided by the gross area of the development.
The number of persons, families, or dwelling units or the amount of gross floor area in a building, on a lot, or in a development divided by the net area of the development.
See "lot depth."
Temporary on-site storage of stormwater to be released at a predetermined rate by means of facilities engineered for that purpose.
Any man-made change, other than maintenance of existing structures, paved areas, or utilities, to improved or unimproved real estate, including without limitation the construction or installation of new, or enlargement of existing, structures, streets, or utilities; dredging, filling, drilling, mining, grading, paving, or excavating operations; and open storage of materials.
A personal wireless services antenna that receives and transmits signals in a directional pattern typically encompassing an arc of 120°.
The area made available by a sign structure for the purpose of displaying the sign's message.
The distance from the exterior wall surface of a building to the sign element farthest distant from such surface.
See "zoning district."
A line on the Zoning Map separating one district from another. See also § 260-203C of this code.
Any lot or parcel of land any lot line of which coincides with a district boundary line or which is contiguous to any public or private right-of-way containing a district boundary line.
An establishment or facility that by design of physical facilities or by service or packaging procedures encourages or permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on or off the premises or to be entertained while remaining in a motor vehicle.
A private accessway that provides direct access from a street to not more than one lot or one principal building or use.
Any structure or portion thereof designed or used for habitation, including, when located in a residential district, any structure in which food or drink is stored on a regular basis for any purpose, beds are placed at any time for any purpose, or kitchen or cooking facilities (other than one compact refrigerator not exceeding six cubic feet in size) are installed at any time for any purpose.
Any room or group of rooms located within a dwelling forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking, eating, and sanitation by one family.
A dwelling containing only one dwelling unit, situated on a separate subdivision lot capable of individual sale and completely surrounded by open space.
Authorization by a property owner for the use by another, and for a specified purpose, of any designated area of his or her property. The term also refers to such a designated area.
See § 260-906E of this code.
An addition to the floor area, or any other increase in the size, of any existing structure.
An existing structure or building to which antennas may be attached.
An increase in the amount of existing floor area used for an existing use within an existing structure or an increase in that portion of a tract of land occupied by an existing use.
Any wall of a building or structure one side of which is exposed to the outdoors.
An individual, or two or more persons related by blood, marriage, legal guardianship, or adoption, living together in a dwelling unit; or a group of not more than three persons who need not be related by blood, marriage, legal guardianship, or adoption living as a single housekeeping unit in a dwelling unit, and sharing common facilities as considered reasonably appropriate for a family related by blood, marriage, legal guardianship, or adoption; in either case, exclusive of household employees.
A wall, fence, gate, or similar barrier that is not an open-type fence.
A wall, fence, gate, or similar barrier, or any ten-linear-foot segment of such a barrier, where the visibility at right angles to any surface of such barrier or segment thereof is not reduced by more than 50%.
The gross floor area of a building divided by the total lot area of the zoning lot on which it is located. For planned unit developments, the FAR shall be determined by dividing the gross floor area of all buildings by the net area of the site.
(For all purposes except determining off-street parking requirements.) The sum of the gross horizontal areas of all floors of a building or of such area thereof devoted to a specific use, measured from the exterior face of exterior walls or from the center line of walls separating two buildings or uses. Gross floor area shall include areas such as basement floors (but not cellar floors); elevator shafts and stairwells at each floor; floor spaces and shafts used for mechanical, electrical, and plumbing equipment; penthouses; attic floors in habitable attic spaces; interior balconies and mezzanines; atria; 50% of the floor area of i) canopies, ii) covered porches, iii) covered walkways, or iv) enclosed or covered floor space used for accessory uses. Gross floor area shall also include floor area devoted to parking garages and parking structures, but not parking lots. No floor area devoted to a public water storage facility shall be included in gross floor area. Where any space has a floor-to-ceiling height of more than 14 feet, each 14 feet of height or fraction thereof shall be treated as a separate floor; provided, however, that such ceiling height limitation of 14 feet shall not apply to a) warehousing or storage areas within a business headquarters planned unit development, or b) indoor tennis court areas within member sports and recreation facilities located in the Office District.
(For determining off-street parking requirements.) The gross floor area of a building minus elevator shafts and stairwells at each floor; floor space and shafts used for mechanical, electrical, and plumbing equipment; exterior building walls; floor space devoted to parking garages and structures; and basement floor space used only for bulk storage.
A unit of illuminance on a surface one foot distant from a source of light of one candlepower, equal to one lumen per square foot. As an example, a typical sixty-watt incandescent lamp (840 lumens) produces an illuminance of 0.1 footcandle at a distance of 25 feet.
See "lot line, front."
See "yard, front."
See "yard line, front."
All of the property fronting on one side of a street, measured along such street, between an intersecting or intercepting street and another intersecting or intercepting street, a right-of-way in excess of 30 feet, an end of a dead-end street, or a Village boundary.
All of the property of a zoning lot fronting on a street, measured between side or corner side lot lines.
See "parking garage."
A system or mechanism or series of mechanisms designed to provide heating or cooling or to produce electrical or mechanical power, or any combination of these, by a method that extracts or converts the energy naturally occurring beneath the earth's surface in rock, structures, water, or steam. Geothermal energy systems include, without limitation: vertical closed loop, horizontal closed loop, and body of water closed loop systems.
Light visible directly from the source thereof.
See § 260-906E of this code.
The lowest level of the ground existing prior to any reshaping of the natural contours at any point of the foundation of a structure or proposed structure.
Reshaping natural land contours using natural land materials.
See § 260-906E of this code.
A group of not more than five unrelated persons, living as a single housekeeping unit in a dwelling unit and sharing common facilities as considered reasonably appropriate for a family, consisting of persons with qualifying disabilities or handicaps as defined in the federal Fair Housing Act and Americans With Disabilities Act, as amended from time to time, and group home employees or administrators (if any), exclusive of any group home employees or administrators who do not reside therein.
Space in a structure for living, sleeping, eating, or cooking having a ceiling height of not less than seven feet measured to the lowest projection from the ceiling; provided, however, that in any room with a sloping ceiling, at least 1/2 of such room shall be at the prescribed ceiling height to be habitable.
See "maximum building height" and "measured building height."
See § 260-906E of this code.
See § 260-902B of this code.
An establishment that is designed for and offers lodging accommodations to the general public for transient guests; that is commonly known as a hotel or motel in the community in which it is located; and that provides customary hotel services such as maid service, furnishing and laundering of linens, telephone services, desk services, and the use and upkeep of furniture.
See § 260-906E of this code.
Any hard-surfaced, man-made area on a zoning lot that does not readily absorb or retain stormwater or runoff, including but not limited to buildings and structures, parking areas, parking lots, driveways, sidewalks, and paved recreational facilities.
A sanitary sewer, storm sewer, drainage appurtenance, water main, roadway, parkway, sidewalk, planting strip, or other facility for which the Village or any other government agency may assume maintenance or operational responsibility.
See "lot, interior."
See § 260-906E of this code.
The act of owning, having in one's care or custody, or knowingly permitting any dog to remain on or about any lot, for a period consisting of more than 50 consecutive days.
The setting aside of land area for future use. See also § 260-904E of this code.
A separate business establishment occupying not more than 1,500 square feet of floor area that offers private, semi-private, and small-group academic instruction in classes not exceeding 25 students at any time.
See § 260-1005A of this code.
See § 260-202B of this code.
That portion of an exterior lighting fixture from which light is generated, including without limitation a bulb, lamp, tube, or other similar device.
A public performance intended to be diverting or engaging with or without the use of instrumental, electronic, or mechanical accompaniment.
An off-street area used for the standing, loading, or unloading of one truck or trailer.
See "lot of record" and "lot, zoning." Unless the context indicates otherwise, all references in this code to a "lot" shall be deemed to mean a "zoning lot."
That portion of the total lot area allocated for each dwelling unit located on a lot.
The total land and water area included within lot lines, excluding, however, land areas subject to easements for public or private access or egress.
The percentage of a lot's area covered by any impervious surface. See also "building coverage."
The mean horizontal distance between the front and rear lot lines.
The property lines bounding a lot; provided, however, that when a lot includes land subject to a public or private right-of-way for street purposes, the line separating such right-of-way from the rest of the lot shall be deemed to be the lot line.
Any street line of a corner lot other than its front lot line.
In the case of an interior lot abutting upon only one right-of-way for street purposes, the line separating such lot from such right-of-way; in the case of a through lot, each line separating such lot from a right-of-way for street purposes shall be considered a front lot line; in the case of a corner lot, the shorter lot line separating such lot from a right-of-way for street purposes shall be considered to be the front lot line.
That lot line that is parallel to and most distant from the front lot line of the lot; provided, however, that in any case where no lot line of at least 20 feet in length is parallel to the front lot line, an imaginary line 20 feet in length, entirely within the lot, parallel to, and at the maximum possible distance from, the front lot line shall be considered to be the rear lot line.
Any lot line other than a front, corner side, or rear lot line.
A lot that is part of a subdivision, the plat of which has been recorded in the office of the Lake County Recorder of Deeds, or a parcel of land separately described in a recorded deed.
The mean horizontal distance between the side lot lines of a lot, measured within the lot boundaries.
That portion of a lot bounded by the required yards.
The width of a lot remaining as buildable after side yards and corner side yards are provided.
A lot abutting upon two or more streets at their intersection or junction or a lot bounded on two sides by a curving street where it is possible to draw two intersecting tangents, one each commencing at each of the two points of intersection of the lot lines and street line, which intersect with each other to form an interior angle of less than 135°.
A lot other than a corner lot.
The smallest lot on which a particular use or structure may be located in a particular district.
A lot having frontages on two nonintersecting streets.
A tract of land consisting of one or more lots of record, or parts thereof, bounded by lot lines, and under single ownership located entirely within a block and occupied by, or designated by its owner or developer at the time of filing for any zoning approval or building permit as a tract to be developed for, a principal building or, where permitted, buildings and their accessory buildings, or a principal use, together with such open spaces and yards as are designed and arranged, or required under this code, to be used with such building or use.
A roof-like structure of a permanent nature that projects from the wall of a building.
See § 260-906E of this code.
The vertical distance measured from grade to the highest point of a structure. Chimneys of single-family residential buildings shall not be considered in determining the maximum building height of such buildings, provided that no portion of any such chimney extends more than three feet above the height measured without regard to such chimney. Parapet walls and other screening structures required by § 260-908G shall not be considered in determining the height of buildings having rooftop mechanical equipment, provided that no portion of any such screening structure extends more than five feet above the height measured without regard to such screening structure.
The vertical distance measured from grade: to the highest point of the roof in the case of a flat roof; to the deck line in the case of a mansard roof; and to the mean height level between the highest ridge line and the undersides of the eaves in the case of gable, gambrel, and hip roofs.
See § 260-906E of this code.
See "lot, minimum total area of."
A support structure which consists of a single pole sunk into the ground and/or attached to a foundation.
See § 260-202B of this code.
See § 260-906E of this code.
See § 260-906E of this code.
See "floor area, net."
A lot of record that does not comply with the lot requirements for any use permitted in the district in which it is located.
See § 260-1005A of this code.
Any sign lawfully existing on the effective date of this code, or any amendment to it rendering such sign nonconforming, that does not comply with all of the standards and regulations of this code or any such amendment hereto.
Any building or structure, other than a sign, lawfully existing on the effective date of this code, or any amendment to it rendering such building or structure nonconforming, that:
Does not comply with all of the regulations of this code, or any such amendment thereto, governing parking, loading, or bulk and space requirements for the zoning district in which such building or structure is located; or
Is located on a lot that does not, or is so located on a lot as not to, comply with the yard or setback requirements for the zoning district in which such building or structure is located; or
Both A and B; except.
Any building containing one or more dwelling units in addition to the number permitted by the district regulations in the district where it is located shall be deemed to be a nonconforming use rather than a nonconforming structure.
Any use lawfully being made of any land, building, or structure, other than a sign, on the effective date of this code, or any amendment to it rendering such use nonconforming, that does not comply with all of the regulations of this code, or any such amendment hereto, governing use for the zoning district in which such land, building, or structure is located.
Any building the principal use of which is an office use.
See Article V of this code.
Any use permitted in the Office District.
See § 260-1121B of this code.
See § 260-1122 of this code.
A personal wireless services antenna that receives and transmits signals in a three-hundred-sixty-degree pattern, and which is up to 12 feet in height and up to three inches in diameter.
See § 260-906E of this code.
An area or areas of a lot, including required yards, that are:
Open and unobstructed from ground to sky except by facilities specifically designed, arranged, and intended for use in conjunction with passive or active outdoor recreation or relaxation; and
Located at least five feet from any structure except structures specifically designed, arranged, and intended for use in conjunction with passive or active outdoor recreation or relaxation; and
Landscaped, maintained, or otherwise treated to create a setting appropriate to recreation or relaxation; and
Accessible and usable by the residents of all dwellings, or the users of all nonresidential buildings, they are intended or required to serve.
Open space held in private ownership, regularly available for use by the occupants of more than one dwelling or the users of more than one nonresidential building.
Open space held in private ownership, the use of which is normally limited to the occupants of one dwelling or the users of one nonresidential building.
Open space dedicated to or owned by any government or governmental agency or authority.
Includes the holder of legal title as well as holders of any equitable interest, such as trust beneficiaries, contract purchasers, option holders, lessees under leases having an unexpired term of at least 10 years, and the like.
Any land area, not located in a parking garage or structure, designed and used for the parking of not more than four vehicles.
A structure, or part thereof, designed and used for the parking and storage of vehicles at one level.
Any land area, not located in a parking garage or structure, designed or used for the parking of more than four vehicles.
An area for the parking of a vehicle.
A structure, or part thereof, designed and used for the parking and storage of vehicles at two or more levels.
Material other than water that is suspended or discharged into the atmosphere in a finely divided form as a liquid or solid.
A paved or surfaced level plane attached to or closely adjacent to a dwelling unit that is constructed entirely at, or within six inches of, the average level of the adjoining grade and is intended to be used for sitting, eating and drinking, cooking, or similar activities.
A landscaped open space intended to enhance the appearance of, or screen from view, parking lots and other outdoor aesthetically unpleasant uses or areas or to create a transition between incompatible uses by means of appropriate buffering, landscaping, or screening primarily along lot lines.
Equipment, accessory buildings, and other instruments, appurtenances, and facilities associated with the operation of a personal wireless services antenna.
Commercial mobile telecommunications services, unlicensed wireless telecommunications services, and common-carrier wireless telecommunications exchange access services.
An antenna used in connection with the provision of personal wireless services, including directional or panel antennas and omnidirectional or whip antennas.
A semiconductor device that converts solar energy into electricity.
The Plan Commission of the Village of Bannockburn. See § 260-1103 of this code.
A parcel of property under single ownership or unified control that may be developed as a unit pursuant to the provisions of § 260-1163 of this code, thus allowing the possibility of relaxation of otherwise applicable substantive regulations of this code, including bulk, yard, and space regulations, and offering greater flexibility of design and uses for such parcel of property. See § 260-1163 of this code.
An area of active recreation such as a baseball diamond, a football field, a soccer field, or the like.
See § 260-906E of this code.
See § 260-906E of this code.
An open-air area of a building other than a deck or patio, including areas that are fully or partially enclosed by screens, shades, curtains, or similar devices, and that is intended to be used for sitting, eating and drinking, cooking, or similar activities.
See § 260-906E of this code.
A lot, plot, or parcel of land, together with the buildings and structures thereon.
A structure or building on a zoning lot intended to be utilized for a principal use and to which any other structure on such lot must be accessory.
The use of a zoning lot, whether a permitted or specially permitted use, designated by the owner of such lot as the primary or main use of such lot and to which any other use on such lot must be accessory.
See "right-of-way, private."
See § 260-906E of this code.
See § 260-906E of this code.
See § 260-906E of this code.
See "lot line."
A meeting conducted pursuant to the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) at which members of the general public must be permitted to give testimony, evidence, or opinions relevant to the subject matter.
See "improvement or facility, public."
A meeting conducted pursuant to the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) at which members of the general public, as opposed to members of the committee, board, or commission and as opposed to the applicant for relief, have no right (but may be given the opportunity) to offer testimony, evidence, or opinions.
See "right-of-way, public."
Play fields and related facilities owned and operated by a public elementary school district for purposes of conducting student athletic and recreational activities within such district's jurisdictional boundaries.
Any person, firm, or corporation under public regulation furnishing franchised services such as cable television, electricity, gas, telephone, water, or sewage service.
A solid, columnar, or similar structure (including all decorative features) that is either freestanding or a distinct element of a fence, with a footprint not exceeding four square feet.
See § 260-906E of this code.
A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
See § 260-906E of this code.
See "lot line, rear."
See "yard, rear."
See "yard line, rear."
A structure or outdoor facility intended primarily for recreational use by children, such as, but not limited to, a play house, a swing set, a trampoline, a sand box, or a basketball backboard.
An area, court, pool, or facility, other than a recreational device, intended for active recreational or athletic use, such as game courts, swimming pools, or ball fields established as an accessory use to a residential dwelling.
Every vehicle or boat originally designed for living quarters, recreation, or human habitation and not used as a commercial vehicle, including, but not limited to, the following:
BOATAny vessel used for water travel. A boat mounted on a trailer shall be considered one vehicle.
CAMPER TRAILERA folding or collapsible vehicle without its own motive power, designed as temporary living quarters for travel, camping, recreation or vacation use.
MOTORIZED HOMEA temporary dwelling designed and constructed for travel, camping, recreational or vacation uses as an integral part of a self-propelled vehicle.
OFF-THE-ROAD VEHICLEA vehicle intended principally for recreational use off of roads where state vehicle licenses are required, such as a dune buggy, go-cart, or snowmobile.
RACING CAR OR CYCLEA vehicle intended to be used in racing competition, such as a race car, stock car, or racing cycle.
TRAVEL TRAILERA vehicle without its own motive power, designed to be used as a temporary dwelling for travel, camping, recreational, or vacation uses.
TRUCK CAMPERA structure designed primarily to be mounted on a pickup or truck chassis and designed to be used as a temporary dwelling for travel, camping, recreational, or vacation uses. When mounted on a truck, such a structure and the truck shall together be considered one vehicle.
VANA general term applied to a noncommercial motor vehicle licensed by the State of Illinois as a recreational vehicle.
VEHICLE TRAILERA vehicle without its own motive power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. A vehicle trailer with another vehicle mounted on it shall be considered one vehicle.
See Article III of this code.
A structure containing one or more dwelling units.
Any use permitted in a residential district.
See Article IV of this code.
An area containing a permanent pool of water as well as capacity to detain additional stormwater for long periods of time.
A strip of land designated for use for vehicular or pedestrian access or passage, or for utility lines or similar facilities, that has not been dedicated to or accepted by any government agency.
A strip of land designated for use for vehicular or pedestrian access or passage, or for utility lines or similar facilities, that has been dedicated to and accepted by a government agency.
See § 260-906E of this code.
A structure erected or vegetation planted that conceals an area from view at all times during the year.
The minimum horizontal distance between a specified lot line, measured along a straight line and at a right angle to such lot line, and the nearest point of a building or structure.
The Standard Industrial Classification Manual. See also "Standard Industrial Classification Manual."
See "lot line, side."
See "yard, side."
See "yard line, side."
Any object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, or projected images, whether or not illuminated. For definitions of particular functional and structural types of signs, see § 260-906E of this code.
Any sign that is displayed upon, against, or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.
Any sign other than a sign with backing.
Any sign that fails to conform to the regulations of § 260-906 of this code.
See "dwelling, single-family detached."
A graphic rendering of a proposed use, construction, or development that complies with the provisions of § 260-1164 of this code.
See § 260-1164 of this code.
Freestanding, tower-mounted wind energy systems with a system height measuring less than 175 feet from the ground.
Small gas-borne particles other than water that form a visible plume in the air.
A system for which the primary purpose is to convert solar energy into thermal, mechanical or electrical energy for storage and use.
A group of photovoltaic cells that are assembled on a panel used as part of a solar energy system.
See "use, special."
See § 260-1162 of this code.
An area, measuring at least eight feet in width and 20 feet in length, for the temporary storage of a vehicle awaiting access to a drive-in establishment or facility.
The 1987 edition of the publication prepared by the Office of Management and Budget, Executive Office of the President of the United States, available from the Superintendent of Documents, United States Government Printing Office, Washington, D.C.
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above, then the space between the floor and the ceiling next above it. The floor of a story may split levels, provided that there is not more than four feet of difference in elevation between the different levels of the floor. A basement shall be counted as a story. A cellar shall not be counted as a story. Any area in which the distance from one floor to the floor or ceiling above it is more than 16 feet shall be deemed to consist of one story for each 16 feet of height or major fraction thereof.
The paved portion of a public or private right-of-way, other than a driveway, that affords the principal means of vehicular access to abutting property.
A lot line separating a street right-of-way from other land.
Any change, other than incidental repairs, that would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, girders, or foundations, or that would alter the dimensions or configurations of the roof or exterior walls of a structure or that would increase either the gross or net floor area of a structure.
Anything constructed or erected, the use of which requires more or less permanent location on or in the ground, or anything attached to something having a permanent location on or in the ground, but not including paving or surfacing of the ground. "Structure" shall in all cases be deemed to refer to both structures and buildings.
See § 260-901 of this code.
See "nonconforming structure."
See "principal structure."
Chapter 205, Subdivision Regulations, of the Village Code.
For the purposes of granting plan approvals relating to planned unit developments and site plans, a newly submitted plan shall be deemed to be in substantial conformity with a previously approved plan if, but only if, the newly submitted plan:
Does not increase the number of dwelling units, the gross floor area of the development, or the gross floor area devoted to any particular use; and
Does not increase building coverage by more than 10% of the percentage of the previously approved plan; and
Does not change the orientation of any building by more than 2% compared to the previously approved plan; and
Does not decrease open space; and
Does not change the general location of any open space in any manner to detract from its intended function in the previously approved plan; and
Does not change the general location and arrangement of land uses within the development as shown on the previously approved plan; and
Does not change or relocate rights-of-way shown on the previously approved plan in any manner or to any extent that would decrease their functionality, adversely affect their relation to surrounding land use and right-of-way elements, or reduce their effectiveness as buffers or amenities; and
Does not alter the percentage of any land use in any stage of the development by more than 10 percentage points as compared to its percentage in the previously approved plan; and
Does not delay any stage of the previously approved development schedule by more than 12 months; and
Does not violate any applicable law or ordinance; and
Does not depart from the previously approved plan in any other manner determined by the reviewing body or official, based on stated findings and conclusions, to be a material deviation from the previously approved plan.
A structure to which an antenna and other necessary associated hardware is mounted. Support structures include but are not limited to existing structures, towers, and monopoles.
An area determined by adding together the actual surface area of each solid element or part of an antenna or its support structure, where "solid" is defined to include all air spaces that are fully bounded by solid elements.
See § 260-906E of this code.
See § 260-903 of this code.
A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section.
A recreational structure located in or attached to one or more trees, and for which a tree provides the foundation.
Any of the tree species included in Appendix B to this code, or such similar trees approved by the Building Commissioner.[3]
One or more contiguous parcels in the R or R-1 District that are i) not separated by any streets or other right-of-way, ii) under ownership by a single person or entity at the time of approval of a planned development (although this requirement shall not be applicable after approval of a planned development for such unified development site), iii) at least four acres in area, and iv) fronting both Illinois Route 22 and Illinois Route 43.
A structure designed for transmitting signals to satellites, together with any attendant supporting structure.
See "open space and usable open space."
The purpose or activity for which a structure or land is designed, arranged, or intended, or for which it is occupied or maintained.
An interpretation of the permitted use or special use lists established by this code for the purpose of allowing a use not expressly mentioned in those lists to be established in a zoning district found to be appropriate for such use by application of the standards established in § 260-1151E of this code.
See § 260-901 of this code.
See "nonconforming use."
A use that appears on the permitted use list of a particular zoning district.
See "principal use."
A use that appears on the special use list in a particular district.
See § 260-903 of this code.
Not developed with any building, structure, or paving or surfacing of the ground.
See § 260-1153 of this code.
Any device for carrying passengers, goods, or equipment, including, but not limited to, passenger automobiles, vans, trucks, buses, recreational vehicles, and vehicles used for commercial, business, or governmental purposes.
See "recreational vehicle."
The person or firm duly appointed from time to time to serve as Village Engineer of the Village.
See § 260-906E of this code.
See § 260-906E of this code.
A business engaged in the sale of commodities in quantity, usually for resale or business use, chiefly to retailers, other businesses, industries, and institutions rather than to the ultimate consumer.
See "lot width."
A wind energy production, conversion and distribution system consisting of a wind turbine, tower or other structure on which the turbine is mounted, and associated electronic, electric, or other mechanical equipment; provided, however, that such WES shall be limited to building-mounted wind energy systems and small wind energy systems.
See § 260-906E of this code.
A required open space on a lot between a lot line and a yard line that is, except as otherwise expressly authorized by this code, unoccupied and unobstructed from grade to the sky.
A line drawn parallel to a corner side lot line at a distance therefrom equal to the depth of the required corner side yard.
A line drawn parallel to a front lot line at a distance therefrom equal to the depth of the required front yard. If the front lot line is not straight, then the front yard line shall be drawn as nearly parallel to such front lot line as possible but shall in no case be drawn closer to any point on such front lot line than the depth of the required front yard.
A line drawn parallel to a rear lot line at a distance therefrom equal to the depth of the required rear yard.
A line drawn parallel to a side lot line at a distance therefrom equal to the depth of the required side yard.
A yard extending from the front yard line to the rear lot line between the corner side lot line of the lot and the corner side yard line.
A yard extending across the entire front of a lot between the front lot line of the lot and the front yard line.
A yard within, and abutting the boundary of, a planned unit development.
A yard extending along the full length of the rear lot line between the side lot lines and between the rear lot line and the rear yard line; except that in the case of a corner lot the rear yard shall extend from the inner side lot line to the corner side yard line.
The minimum yard depth designated in the regulations of this code establishing minimum front, corner side, side, and rear yard requirements for various uses, structures, and districts.
A yard extending along a side lot line from the front yard to the rear yard between the side lot line and the side yard line.
The Zoning Board of Appeals of the Village of Bannockburn. See § 260-1102 of this code.
See "classification or zoning classification."
The Bannockburn Zoning Code; that is, this code. Unless the context specifically requires otherwise, all references to this code shall be deemed to refer to any certificate, permit, approval, resolution, or ordinance granted or adopted pursuant to this code.
A part of the corporate area of the Village wherein regulations of this code are uniform. See also § 260-201 of this code.
See § 260-203 of this code.
The Building Commissioner of the Village.
See "lot, zoning."
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.