In the construction of this title and any subsequent amendment, the rules and definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise:

   A.   Words used in the present tense shall include the future.

   B.   Words used in the singular number shall include the plural number.

   C.   The words "shall" and "must" are mandatory.

   D.   The words "may" and "should" are permissive.

   E.   The word "lot" shall include the words "place" and "parcel".

   F.   The word "structure" shall include the word "building".

   G.   The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for".

   H.   The word "person" shall include a "firm, association, organization, partnership, trust, company or corporation or any other entity as well as an individual".

   I.   The masculine gender includes the feminine and neutral. (Ord. 2011-70, 10-18-2011)

The following words and terms shall have the meaning set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meaning indicated by common dictionary definition.

ACRE: A measure of land containing forty three thousand five hundred sixty (43,560) square feet.

ADJACENT: To touch, to abut, to lie immediately next to, and/or to share a common wall or lot line.

ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the cannabis regulation and tax act, (P.A. 101-0027), as may be amended from time to time, and regulations promulgated thereunder. An adult-use cannabis cultivation center shall not be located within two thousand five hundred feet (2,500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home or pre-existing property zoned or used for residential purposes. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section. No more than one (1) adult-use cannabis cultivation center shall be permitted at any given time in Blue Heron Business Park/Bluff City Industrial Park and no more than one (1) additional adult-use cannabis cultivation center shall be permitted at any given time in Brewster Creek Business Park. On site consumption of cannabis is expressly prohibited.

ADULT-USE CANNABIS DISPENSING CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, P.A. 101-0027, as it may be amended from time to time, and regulations promulgated thereunder. On site consumption of cannabis is expressly prohibited.

ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois department of agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the cannabis regulation and tax act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois 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, per the cannabis regulation and tax act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: Adult bookstores, adult cabarets, adult entertainment establishments, adult mini-motion picture theaters, adult motion picture theaters and adult novelty stores, or any combination thereof, as follows:

ADULT USES: Adult bookstores, adult cabarets, adult entertainment establishments, adult mini- motion picture theaters, adult motion picture theaters and adult novelty stores, or any combination thereof, as follows:

   Adult Bookstore: An establishment having a substantial or significant portion of its stock in trade, books, magazines, "adult motion pictures" (as defined herein) and/or other periodicals that are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material.

   Adult Cabaret: An establishment offering to its patrons as entertainment, any live exhibition or display or any theatrical or live performances that feature topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or any persons singing, reading, posing, modeling or serving food or beverages where such exhibition, performance, display or dance is intended to sexually arouse the entertainer or the patrons, or where the attire of the persons involved is such to expose "specified anatomical areas" (as defined herein).

   Adult Entertainment Establishment: Any adult bookstore, adult motion picture theater, adult mini-picture theater, cabaret or other commercial establishment open to the public which: a) displays, distributes, issues, gives, provides, lends, delivers, transfers, transmits, circulates, disseminates, presents, exhibits, advertises, sells, rents or leases a substantial or significant portion of its stock in trade, any material depicting, describing or relating to specified sexual activities and/or specified anatomical areas; b) utilizes a substantial or significant part of its display areas, including, but not limited to, floor, shelf, rack, table, stand, case, display areas, boxes, cabinets, drawers, cartons or any other storage area or apparatus, for any material characterized by the depiction of specified sexual activities or specified anatomical areas; or c) exhibits for a substantial or significant portion of the total representation time, any material characterized by the depiction of specified sexual activities or specified anatomical areas. An "adult entertainment establishment" shall be further defined as any commercial establishment open to the public which involves employees or customers who engage in conduct which is distinguished or characterized by specified sexual activities and/or specified anatomical areas.

   Adult Mini-Motion Picture Theater: An enclosed building with a capacity for less than fifty (50) persons used for presenting "adult motion pictures" (as defined herein) material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

   Adult Motion Picture Theater: An enclosed building with a capacity of fifty (50) or more persons used for presenting "adult motion pictures" (as defined herein) and/or material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

   Adult Motion Pictures: Films, motion pictures, video cassettes or tapes, slides or similar photographic reproductions which are characterized by the depiction of specified sexual activities and/or specified anatomical areas.

   Adult Novelty Store: An establishment having at least twenty five percent (25%) of its sales or stock in trade consisting of toys, devices, clothing, novelties, lotions and other items distinguished or characterized by their emphasis on or use for specialized sexual activities or specified anatomical areas, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

   Specified Anatomical Areas: Less than completely and opaquely covered:

   A.   Human genitals, pubic region, and

   B.   Buttock, and

   C.   Female breast below a point immediately above the top of the areola, and

   D.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   Specified Sexual Activities: Means and includes any of the following:

   A.   Human genitals in a state of sexual stimulation or arousal.

   B.   Acts of human masturbation, sexual intercourse, sodomy, bestiality, oral copulation or flagellation.

   C.   Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

   D.   Excretory functions as part of or in connection with any of the activities set forth in subsections A through C of this definition.

AGRICULTURAL BUILDING OR STRUCTURE: A building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.

AGRICULTURE: The use of at least two (2) acres of land for crop production or raising of livestock and farm animals. The term "agricultural" encompasses the farmhouse, and accessory uses and structures customarily incidental to agricultural activities.

AIRPORT: Any premises which is used or intended for use for the landing or takeoff of aircraft, including any associated areas which are used or intended for use by buildings and structures incidental to aircraft uses.

ALL-TERRAIN VEHICLE: Any motorized device designed to travel primarily off public streets, fifty inches (50") or less in width, having a manufacturer's dry weight of one thousand five hundred (1,500) pounds or less, traveling on three (3) or more tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except lawnmowers.

ALLEY: Any public right-of-way which normally affords a secondary means of access to adjoining property. Frontage on an alley shall not be construed as satisfying the requirements related to frontage on a dedicated street. A street shall not be considered an alley.

AMENDMENT: A revision or addition to all or a portion of this title which has been adopted by the Board of Trustees of the Village of Bartlett.

AMORTIZATION: A method of eliminating nonconforming uses or structures by requiring the termination of the nonconforming use or structure after a specified period of time.

AMUSEMENT DEVICE: Any machine or electronic device which may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, electronic and other mechanical amusement machines, skill ball, mechanical grab machines, video games, virtual reality games and other similar games, operations or devices however designated; but shall not include any music vending machines, contrivance or device commonly known as a "jukebox" which produces, plays or emits songs, music or other prerecorded entertainment; bowling alleys; pool and billiard games; sports training devices, provided they are not operated by the insertion of a coin, slug, token, plate, disk or debit card, and using full size regulation equipment; miniature golf, games played on a computer on the internet provided the computer is not operated by the insertion of a coin, slug, token or disk; and games at carnivals approved in accordance with this title as a temporary use.

ANIMAL, DOMESTIC: An animal, bird or reptile that is tame or domesticated and is not normally found on a farm or in the wild. Hybrids or animals normally found on a farm or in the wild are not included within the definition of a domestic animal.

ANIMAL GROOMING, SALES AND SERVICE: Any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged.

ANIMAL HOSPITAL AND VETERINARY OFFICE: A structure where animals or pets are given medical or surgical treatment on an outpatient and/or overnight basis.

ANIMAL SHELTER: A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

ANNEXATION: The incorporation of a contiguous land area into an existing municipality with a resulting change in the corporate boundaries of that municipality.

APARTMENT: Self-contained housing unit arranged, intended or designed as living quarters for an individual, group of individuals, or a family, that occupies only part of a building. Apartments may be owned (by an owner-occupier) or rented (by tenants).

ARCADE: Public gaming facility offering five (5) or more amusement devices.

ART GALLERY: An establishment engaged in the sale, loan or display of art, paintings, sculpture, or other works of art. Does not include a place designed to be used as a dwelling unit.

ART STUDIO: Place designed to be used as, both a dwelling place and a place of work by the artisan, or craftsperson, including persons engaged in the application, teaching, or performance of fine art.

AWNING: Any structure entirely supported by the wall to which it is attached and which has a frame covered by a temporary material and/or which can be retracted against the wall by which it is supported.

BALCONY: An elevated platform projecting from and supported by a structure without additional independent supports.

BANK, CREDIT UNION, OR SAVINGS AND LOAN: A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities.

BASEMENT: That portion of a building having more than one-half (1/2) of its height below lot grade.

BAY WINDOW: A window projecting beyond the wall line of the building and not supported by a foundation.

BED AND BREAKFAST ESTABLISHMENTS: An owner occupied structure providing overnight accommodations for a charge to the public. Breakfasts may be provided to the guests only. Bed and breakfasts shall not include motels, hotels, boarding houses, or food service establishments.

BERM: A mound of soil, either natural or manmade, used to screen and visually separate, in part or entirely, one (1) area, site or property from the view of another area.

BIOSWALE: A shallow, low gradient swale vegetated with turf grass or native plants. Water runs through the swale as a slow shallow sheet flow, allowing infiltration and evaporation. These can be designed with adequate storage volume and cross sectional areas to hold and convey runoff from a desired design storm event.

FIGURE 2-1
BIOSWALE CROSS SECTION

BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights of way, bulkhead lines or shorelines of waterways, or boundary lines of the village.

BLOCK FACE: The properties on one side of a street, between two (2) intersecting streets or, in the case of a dead end street, between an intersecting street and the end of the street.

BOARD OF TRUSTEES: The president and board of trustees of the village of Bartlett, Illinois.

BUFFERING: Any means of protecting adjacent properties from the visual or auditory effects of a different or more intense use. "Buffering" may include, but is not limited to, berming, fencing, landscaping, providing greater setbacks or providing open spaces.

BUILDABLE AREA: The area of the lot remaining after the minimum open space, setback and yard requirements of this title have been complied with.

BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.

Building, Accessory: A detached subordinate building or a portion of a principal building, the use of which is incidental to that of the primary use of the principal building. (See figure 2-2 of this section.)

Building, Conforming: Any building or structure which:

   A.   Complies with all the regulations of this title and of any amendment hereto;

   B.   Complies with all the bulk regulations of the district in which it is located; and

   C.   Is designed or intended for a use permitted in the district in which it is located.

Building, Detached: A building which does not have a wall or roof in common with another structure. (See figure 2-2 of this section.)

Building, Nonconforming: Any building or structure or portion thereof lawfully existing at the time of adoption of this title, or amendment thereto, which does not comply with all of the bulk regulations of this title for the district in which it is located.

Building, Principal: A permanent building in which the principal use of the lot on which it is located is conducted. (See figure 2-2 of this section.)

FIGURE 2-2
BUILDINGS

BUILDING CODE: The building code of the village of Bartlett.

BUILDING HEIGHT: The vertical distance measured from the finished grade to the average overall height of the roof surface.

FIGURE 2-3
EXAMPLE OF BUILDING HEIGHTS

BUILDING MATERIAL SALES: Establishments or places of business primarily engaged in retail or wholesale, from the premises, of materials used in the construction of buildings or other structures. Typical uses include building material stores and home supply establishments.

BULK (REGULATIONS): Standards that control the size and setbacks of buildings or structures and the location of same with respect to one another, and includes, but not limited to, the following:

   A.   Size and height of buildings.

   B.   Location of exterior walls at all levels in relation to lot lines, streets or to other buildings (yards and setbacks).

   C.   Gross floor area of buildings in relation to lot area (floor area ratio).

   D.   All open spaces allocated to buildings.

   E.   Amount of lot area provided per dwelling unit.

   F.   Lot width and area.

BUSINESS PARK: A planned, coordinated development of a tract of land designed and equipped to accommodate a combination of commercial, office and light industrial uses, providing them with all necessary facilities and services with special attention to circulation, parking, aesthetics and compatibility among neighbors.

CANOPY: Any permanent exterior roof structure attached to a building at the inner end and supported on the outer end in conformance with the Building Code of the Village of Bartlett.

CAR WASH: A building or portion thereof containing facilities for washing one (1) or more motor vehicles, using automatic production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices; or providing space, water and equipment for the hand washing of autos, whether by the customer or the operator.

CEMETERY: Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes, including crematories, mausoleums, crematorium, columbaria, chapels and mortuaries if operated in connection with and within the boundaries of such cemetery.

CEMETERY, PET: Land used or intended to be used for the burial of domestic animal remains and dedicated for cemetery purposes, including crematories, mausoleums, crematorium, columbaria, chapels and mortuaries if operated in connection with and within the boundaries of such cemetery.

CHIMNEY: A primarily vertical enclosure containing one (1) or more passageways for conveying flue gases to the outside atmosphere.

CLINIC, MEDICAL OR DENTAL: A facility operated by one (1) or more physicians, dentists, or other licensed practitioner for the examination and treatment of persons on an outpatient basis only.

CLUB, PRIVATE (NONPROFIT): A nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. Food and alcoholic beverages may be served on its premises, provided that they are secondary and incidental to the principal use, provided that sale of the alcoholic beverages is in compliance with the applicable Federal, State, County and Village laws.

CLUSTER DEVELOPMENT: A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features.

COLONY: A hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood.

COMMODITY: A tangible item that may be bought or sold; something produced for commerce. Intangibles, such as human labor, services, or advertising, are generally not considered to be commodities.

COMMON OPEN SPACE: Land or water unoccupied by structures, buildings, streets, rights-of- way and automobile parking lots and designed and intended for the use or enjoyment in common of residents of a residential development. Common open space may contain walks, patios and structures for recreational use. Area used for individual open space, such as private courtyards, and not available to all residents of the residential development shall not be included as common open space.

COMMUNICATION ANTENNA: Any exterior apparatus designed for telephone, personal wireless services, broadband, radio or television communications through the sending and/or receiving of electromagnetic waves.

COMMUNICATION TOWER: A structure designed and constructed primarily for the purpose of supporting one (1) or more communications antennas, including self-supporting lattice towers, guy towers and monopole towers. This use includes radio and television transmission towers, personal communication services (PCS), microwave towers, common carriers towers, and the like. This use does not include any structure erected solely for a residential, noncommercial individual use, such as television reception antennas, satellite dishes or noncommercial wireless antennas (amateur radio).

COMMUNITY CENTER: A facility providing social, cultural and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

COMMUNITY RESIDENCE: A group home or specialized residential care home which is owned and/or operated by a public or private institution, and is used for or intended to be used for rehabilitative programs that serve either persons with disabilities, persons as an alternative to incarceration for a criminal offense or persons whose primary reason for placement is treatment of a communicable disease. Community residences shall be licensed, certified and/or accredited by the appropriate state and/or local agency.

COMPREHENSIVE PLAN: The official comprehensive plan of the village of Bartlett adopted by the village board in May 1978 and as amended from time to time.

CONFORMING BUILDING: See definition of Building: Building, Conforming.

CONVENIENCE STORE: Any retail establishment offering for sale a limited line of groceries and household items intended for the convenience of the neighborhood.

DAYCARE CENTER, ADULT: A facility providing care for the elderly and/or functionally impaired adults in a protective setting for less than twenty four (24) hours per day.

DAYCARE CENTER, CHILD: A facility, other than a residential building, providing care for children for less than twenty four (24) hours per day, which meets the licensing requirements of the state of Illinois, department of children and family services. Child daycare center does not include programs operated by public or private elementary and secondary schools, or institutions of higher learning which serve children who are three (3) years of age or older.

DAYCARE, GROUP HOME: A family home which receives four (4) up to a maximum of sixteen (16) children for less than twenty four (24) hours per day, which meets the licensing requirements of the state of Illinois, department of children and family services. The number counted includes the family's natural or adopted children and all other persons under the age of twelve (12).

DAYCARE, HOME: A family home which receives four (4) up to a maximum of twelve (12) children for less than twenty four (24) hours per day, which meets the licensing requirements of the state of Illinois, department of children and family services. The number counted includes the family's natural or adopted children and all other persons under the age of twelve (12). The term does not include facilities which receive only children from a single household.

DECK: An exterior floor supported on at least two (2) opposing sides by an adjacent structure and/or posts, piers or other independent supports and which is typically constructed of wood.

DENSITY, GROSS: The numerical value obtained by dividing the total number of dwelling units in a development by the gross area of the tract of land in acres within a development. For this purpose, gross area includes all nonresidential land uses as well as rights of way of dedicated streets; the result being the number of dwelling units per gross acre of land.

DENSITY, NET: The numerical value obtained by dividing the total number of dwelling units in a development by the area of the actual tract of land in acres upon which the dwelling units are proposed to be located, common open space, and associated recreational facilities within the area; the result being the number of dwelling units per net residential acre of land. Net density calculations exclude rights of way of publicly dedicated streets and nonresidential land uses.

DETENTION: A stormwater storage area designed to be normally dry and contains water only when excess stormwater runoff occurs.

DISTRICT ENERGY: An energy system that produces steam, hot water or chilled water at a central location and provides it, through underground pipes, to buildings for individual use.

DOG RUN: An enclosed outdoor area intended for the exercising and/or containment of dogs or other animals.

DRIVE-THROUGH FACILITY: A facility which is designed to provide products or services to patrons in their car for use or consumption off site.

DRIVEWAY: A pathway for motor vehicles from a street to a structure or use used for service purposes or for access to the structure or use only.

DWELLING: A building, or portion thereof, designed or used exclusively for residential occupancy including single-family dwellings, two-family dwellings, and multiple-family dwellings, but not including mobile homes, hotels or motels.

Dwelling, Attached Single-Family: A building consisting of dwelling units each of which is attached by a common vertical wall to at least one other dwelling unit with each dwelling unit having a separate exterior entrance and occupying the ground, including, but not limited to, the following: "townhouse", "row house", and "duplex". In addition, no dwelling unit or portion thereof within an attached single-family dwelling shall be located above or below another dwelling unit, and each dwelling unit shall have its primary access to the outside on the ground floor. (See figure 2-4 of this section.)

Dwelling, Detached Single-Family: A freestanding building containing one dwelling unit. (See figure 2-5 of this section.)

Dwelling, Duplex: A building containing two (2) attached dwelling units only, located side by side. (See figure 2-6 of this section.)

Dwelling, Multiple-Family: A building containing three (3) or more dwelling units. Dwelling units or portions thereof may be located above or below another dwelling unit, and each dwelling unit may or may not share a common entrance. (See figure 2-7 of this section.)

Dwelling, Single-Family: A building containing one dwelling unit and occupied by one family.

FIGURE 2-4
ATTACHED SINGLE-FAMILY DWELLINGS EXAMPLE

 

FIGURE 2-5
DETACHED SINGLE-FAMILY DWELLING EXAMPLE

 

 

FIGURE 2-6
DUPLEX EXAMPLE

 

 

FIGURE 2-7
MULTI-FAMILY EXAMPLE

 

 

DWELLING UNIT: Consists of one (1) or more rooms which are used as living quarters for one (1) family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall be included in each "dwelling unit".

DWELLING UNIT, EFFICIENCY: A "dwelling unit" consisting of not more than one (1) habitable room with adjoining cooking and sanitary facilities.

EASEMENT: A legal interest in land, granted by the owner to another party, which allows that party's use of all or a portion of the owner's land, generally for a stated purpose including, but not limited to, access, placement of utilities, drainage, or tree preservation.

EAVE: The projecting lower edges of a roof overhanging the wall of the building.

EDUCATIONAL FACILITY: A public, parochial, private, charitable or non-profit school, junior college or university, trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers and employees.

ENTERTAINMENT AND RECREATIONAL SERVICES: Establishments whose principal use is providing amusement or entertainment for a fee or admission charge. Such establishments include dance halls; theaters and studios for theatrical productions, bands, orchestras and other musical entertainment; bowling alleys; billiard and pool establishments; commercial sport facilities, such as arenas, rings, racetracks and golf courses, amusement parks, membership sports and recreational clubs, swimming pools, riding academies; carnival operations; and game and amusement arcades and parlors. Entertainment and recreational services do not include any "adult uses" as defined herein.

ENTERTAINMENT, LIVE: Live musical, theatrical, dance, cabaret or comedy acts and other comparable events as determined by the zoning administrator that is conducted indoors. Any form of dancing by patrons and guests at an eating or drinking establishment is live entertainment. Live entertainment does not include any "adult uses" as defined herein.

ENTERTAINMENT, LIVE TEMPORARY OUTDOOR: The performance of live musical, theatrical, dance, cabaret or comedy acts and other comparable events as determined by the Zoning Administrator outside of an enclosed building in an outdoor space as part of a community festival or an event hosted by the Village, Park District, School District, or other governmental body, or as a temporary accessory use to a business.

ENTERTAINMENT VENUE: An outdoor or indoor area, building, or part of a building, devoted to showing motion pictures, or for dramatic, dance, musical, sports, or other live performances. An entertainment venue does not include any "adult uses" as defined herein.

FACADE: The exterior face of a building, including, but not limited to, the wall, windows, windowsills and doorways.

FAMILY: One or more persons related by blood, marriage, civil union, adoption or guardianship, living and cooking together as a single housekeeping unit, or a group of not more than five (5) persons who need not be related by blood, marriage, civil union, adoption or guardianship, living and cooking together as a single housekeeping unit, in either case exclusive of servants.

FARM: Land being used for agricultural purposes.

FENCE: A structure which is a barrier and is used as a boundary, screen, separation, means of privacy, protection or confinement, and is constructed of wood, plastic, metal, wire mesh, masonry or other similar material, and which is over twelve inches (12") in height above the ground level. Examples include, but are not limited to, open fences, solid fences, masonry and stone walls.

Fence, Natural: A fence which consists of natural growth, such as shrubs, hedges and evergreens which are thirty inches (30") or more in height and spaced less than ten feet (10') apart.

Fence, Open: A fence which has, for each one foot (1') wide segment extending over the entire length and height of the fence, at least sixty percent (60%) of the surface area in open spaces which afford a direct view through the fence.

Fence, Solid: A fence, which when viewed perpendicularly, has no open breaks or divisions, which conceals from view from adjoining properties, streets or alleys, activities conducted behind it.

Fence, Stockade: A solid fence with two (2) to three inch (3") wide half round boards pointed at the top.

FLOOR AREA (FOR DETERMINING FLOOR AREA RATIO): For the purpose of determining the 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 (2) buildings. The floor area of a building shall include basement floors when more than one-half (1/2) of the basement height is above the established curb level or above the finished lot grade level where the curb level has not been established, elevator shafts and stairwells at each floor, floor space used for mechanical equipment - except equipment, open or enclosed, located on the roof - penthouses, attic space having headroom of seven feet six inches (7'6") or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. Any enclosed space devoted to off street parking or loading shall be included in the floor area. The floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be determined on the basis of height in feet; i.e., ten feet (10') in height shall equal one floor.

FLOOR AREA, NET (FOR DETERMINING OFF STREET PARKING AND OFF STREET LOADING REQUIREMENTS): The floor area of a building occupied by a designated use, consisting of the gross floor area excluding any floor area occupied by restrooms, utility rooms, public foyers, common area atriums, interior off street parking and loading facilities, and areas primarily devoted to accessory storage.

FLOOR AREA RATIO (FAR): The floor area of the building or buildings on the zoning lot divided by the gross area of such zoning lot, or, in the case of planned unit developments, by the gross site area, exclusive of dedicated streets.

FIGURE 2-8
FLOOR AREA RATIO EXAMPLES

 

GARAGE: A structure or area designed for the covered storage of motor vehicles and may be attached to or detached from the principal building.

Garage, Private Commercial: A garage used in the business of sheltering motor vehicles owned by persons other than the garage owner and of which occupation and business profit is carried on.

Garage, Private Residential: A garage owned by a person for sheltering motor vehicles owned by such person, and in which no occupation or business profit is carried on.

Garage, Public: A garage owned and operated by a governmental unit for public use.

GEOTHERMAL ENERGY: Energy derived from naturally occurring underground heat, usually recovered by use of a heat pump or by tapping heated water.

GEOTHERMAL ENERGY SYSTEM: An energy system that utilizes heat from within the earth's surface; it is obtained through wells dug at varying depths to capture the earth's heat into energy to power buildings.

GOVERNMENT/PUBLIC FACILITY: Any public facility, including, without limitation, police, fire stations, and civic buildings providing municipal services.

GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

GRADING: Reshaping natural land contours, using natural land materials such as soil, gravel, sand, black dirt, etc., for purpose of eliminating erosion or sedimentation problems, creating or improving surface drainage, providing for the natural aesthetic contouring of property, or to accommodate a building plan by making changes in land elevation.

GREEN BUILDING: Structures that incorporate the principles of sustainable design. Green buildings incorporate principles of energy and resource efficiency, practical applications of waste reduction and pollution prevention, good indoor air quality and natural light to promote occupant health and productivity, and transportation efficiency in design and construction, during use and reuse.

GREEN ROOF: A rooftop consisting of plants and soil, or other lightweight growing medium, installed on top of a waterproof membrane.

GROCERY STORE: Store where the majority of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home care and personal care products, and which are substantially larger and carry a broader range of merchandise than convenience stores.

GROUP HOME: See definition of community residence.

GUESTHOUSE: Detached accessory building located on the same zoning lot as the principal building and containing living quarters for temporary guests; such quarters shall not be rented.

GUESTS, TEMPORARY: A person whose permanent place of residence is elsewhere.

HEALTH CLUB OR PRIVATE RECREATION FACILITY: A building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary or usual recreational activities, operated for profit or not for profit and which can be open only to members and guests of the organization or open to the public for a fee.

HELIPORT: An area of land, water and/or a structure or building which is used or intended for use for the landing and taking off of helicopters, and any appurtenant areas which are used or intended for use for heliport buildings or other heliport facilities or rights-of-way, including all necessary pads, helicopter storage and tie down areas, hangars, and other necessary buildings and open spaces.

HIVE: A structure intended for the housing of a bee colony.

HOME OCCUPATION: An accessory office or personal service use conducted from a residential dwelling unit by a person or persons residing in the dwelling unit which is clearly subordinate and incidental to the principal use of the dwelling.

HOMEOWNERS' ASSOCIATION: A community association which is organized in a development in which individual owners share common interests.

HOSPITAL: An institution that provides emergency room and other services including, but not limited to, physical or mental health services, inpatient or overnight accommodations, and medical or surgical care of the sick and injured, that is licensed by the State of Illinois under the Hospital Licensing Act. This definition shall not include assisted, supportive or independent living residences or medical/dental clinics.

HOTEL: An establishment which is open to transient guests, containing lodging rooms, a common entrance lobby, halls and stairway; and where lodging rooms do not have a doorway opening directly to the outdoors, except for emergencies.

IMPERVIOUS MATERIAL: Any material that substantially reduces or prevents the infiltration of water.

IMPERVIOUS SURFACE: A surface which does not allow water to be absorbed into the ground. Pools will not be calculated as impervious.

FIGURE 2-9
IMPERVIOUS SURFACES

IMPERVIOUS SURFACE RATIO: The ratio of the sum of all impervious surfaces on a lot to the developable site area of the lot.

INDUSTRIAL PARK: A planned, coordinated development of a tract of land designed and equipped to accommodate industrial uses, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors.

INDUSTRY, HEAVY: A use engaged in the basic processing, manufacturing or storage of materials or products predominately from extracted or raw materials.

INDUSTRY, LIGHT: A use that involves the manufacturing, production, processing, fabrication, assembly, treatment, repair, or packaging of finished products, predominately from previously prepared or refined materials (or from raw materials that do not need refining). Warehousing, wholesaling and distribution of the final products produced on the site are allowed as part of this use.

INVENTORY: The quantity of goods or materials on hand and raw materials, work in process goods and completely finished goods that are considered to be the portion of a business's assets that are ready or will be ready for sale.

JUNK CAR: See definition of vehicle: inoperable vehicle.

JUNKYARD: A tract of land, including any accessory structures thereon, that is used for buying, selling, exchanging, storing, baling, packing, disassembling or handling waste or scrap materials. Such scrap materials include vehicles, machinery and equipment not in operable condition (or parts thereof) and metals, glass, paper, plastics, rags and rubber tires. A lot on which three (3) or more inoperable vehicles are stored shall be deemed a junkyard. A "junkyard" includes an automobile wrecking yard. This definition does not apply to businesses where vehicles are being stored awaiting repair.

KENNEL: Any premises or portion thereof on which four (4) or more dogs, cats, or other domestic animals over six (6) months in age are kept, boarded, bred or cared for, in return for remuneration, or for the purpose of sale. This use includes animal day care establishments, but does not include the retail sale of household domestic animals.

LAND USE: A description of how land is occupied or utilized.

LANDFILL: See definition of solid waste facility.

LANDSCAPE MATERIAL: Includes such living materials as trees, shrubs, ground cover, vines, turf grasses, and nonliving materials such as rocks, pebbles, sand, bark, brick pavers, earthen mounds (excluding pavement), and other items of a decorative or embellishment nature such as fountains, pools, walls, fencing, sculpture, etc.

LANDSCAPE PLAN: The graphical depiction of the location and arrangement of existing and proposed plant material and land forms on a lot.

LANDSCAPING: An expanse of scenery including lawns, trees, plants, and other organic and inorganic materials used for an aesthetic or functional purpose. All definitions related to the requirements for landscaping are contained in chapter 10, article B of this title.

LEED (LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN): The green building rating system developed by the U.S. Green Building Council.

LEED CERTIFICATION: A third party certification program and the nationally accepted benchmark for the design, construction and operation of high performance green buildings. The LEED rating system offers four (4) certification levels for new construction: certified, silver, gold and platinum.

LIGHTING: The illumination of an outside area or object by any manmade device located outdoors. All definitions related to the requirements for lighting are contained in chapter 10, article D of this title.

LIQUOR STORE: A place of business selling beer, wine and/or distilled liquors at retail, to the general public in sealed bottles or containers for consumption or use away from the premises where said establishment is located.

LOADING SPACE: An off street space used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

LODGE (FRATERNAL AND CIVIC): A group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings and formal written membership requirements.

LOT: A zoning lot or a lot of record.

Lot, Corner: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five degrees (135°). (See figure 2-10 of this section.)

Lot, Flag: An irregularly shaped lot which consists of two (2) sections: the primary mass and buildable portion of the lot (the flag), which is set back from the street access and located behind one (1) or more other lots, and a narrow access corridor (the flagpole), which connects the primary mass of the lot to the street right-of-way. The front lot line for a flag lot may be established on a lot line which is not a street frontage, and which is generally either parallel with or perpendicular to the street right-of-way. (See figure 2-10 of this section.)

Lot, Interior: A lot other than a corner or reverse corner lot. (See figure 2-10 of this section.)

Lot, Nonconforming: A lot of record not in conformity with the zoning ordinance.

Lot, Reverse Corner: A corner lot where the street side lot line is a continuation of the front lot line of the first lot to its rear. (See figure 2-10 of this section.)

Lot, Through: A lot having a pair of opposite nonintersecting lot lines along two (2) more or less parallel public streets, and which is not a corner lot. On a "through lot", both street lines shall be deemed front lot lines. (See figure 2-10 of this section.)

Lot, Zoning: A parcel, tract, plot or area of land accessible by means of a street or other permanently reserved principal means of access. It may be a single parcel separately described in a deed or plat which is recorded in the Office of the County Recorder of Deeds, or it may include parts of or a combination of such parcels when adjacent to one another and used as one (1).

FIGURE 2-10
TYPES OF LOTS

 

LOT AREA: The area of a horizontal plane bounded by the front, side and rear lot lines.

FIGURE 2-11
LOT AREA

 

LOT AREA, BUILDABLE: The space remaining after the required yard and open space requirements of this title have been complied with.

LOT COVERAGE: The area of a lot occupied by the principal and accessory buildings and structures.

LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line measured within the lot boundaries.

LOT FRONTAGE: That horizontal length of a lot line adjoining a public or private street.

LOT LINE: A property boundary line of any lot.

Lot Line, Corner Side: That boundary of a lot which is along an existing or dedicated public street and which is not a front lot line.

Lot Line, Front: That boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a recorded access or ingress/egress easement. On a corner lot, the lot line having the shortest length adjoining a street line shall be the front lot line.

Lot Line, Rear: That boundary of a lot which is most distant from, and is, or is most nearly, parallel to the front lot line.

Lot Line, Side: Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD: A lot which is a part of a subdivision, the plat of which has been recorded in the Office of the Recorder of Deeds of Cook, DuPage or Kane Counties, or registered in the Office of the Registrar of Titles of Cook County, or a parcel of land, the deed of which was recorded in the Office of the Recorder of Deeds of Cook, DuPage or Kane Counties, or registered in the Office of the Registrar of Titles of Cook County.

LOT WIDTH: The mean horizontal distance between the side lot lines measured within the lot boundary.

MANUFACTURING, LIGHT: The production, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing and custom manufacturing.

MANUFACTURING, MEDIUM: The processing and manufacturing of materials or products, typically in the initial processing stage or manufacturing of products that require additional processing, fabrication, or assembly for ultimate use by the consumer. These activities do not necessitate the storage of large volumes of highly flammable, toxic or explosive materials. Medium manufacturing shall not include any use that is otherwise listed specifically in any industrial zoning district as a permitted or special use.

MASONRY WALL: A wall constructed of a type of masonry product permitted by Village Codes, such as stone or brick.

MASSAGE THERAPIST: Any person who, for any consideration whatsoever, engages in the practice of therapeutic massage.

MEDICAL CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is registered by the Illinois department of agriculture to perform necessary activities to provide only registered medical cannabis grown and cultivated to be packaged and distributed to registered medical cannabis dispensing organizations with usable medical cannabis in accordance with the laws of the State of Illinois. In addition, a cultivation center must be located at least two thousand five hundred feet (2,500') from any daycare center, school or area zoned for residential use.

MEDICAL CANNABIS DISPENSING CENTER: A facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients in accordance with the laws of the State of Illinois.

MEZZANINE: An intermediate or fractional story between the floor and ceiling of a story. A mezzanine is usually just above the ground or main floor and extends over only part of the main floor.

MINIWAREHOUSE: A structure containing small separate storage areas of varying sizes leased or rented on an individual basis.

MIXED USE DEVELOPMENT: A tract of land or building or structure developed for two (2) or more different uses such as, but not limited to, residential, office, manufacturing, retail, public or entertainment uses.

MOBILE HOME OR MANUFACTURED HOME: A structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under title 42 of the United States Code. The term "manufactured home" does not include campers and recreational vehicles.

MOBILE HOME PARK: A tract of land or two (2) or more contiguous tracts of land upon which contain sites with the necessary utilities for five (5) or more independent mobile homes for permanent habitation either free of charge or for revenue purposes, and shall include any building, structure, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park. Separate ownership of contiguous tracts of land shall not preclude the tracts of land from common licensure as a mobile home park if they are maintained and operated jointly. Neither an immobilized mobile home nor a motorized recreational vehicle shall be construed as being a part of a mobile home park.

MOTEL: An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourists. Each room has direct access to the outside without the necessity of passing through a main lobby of the building.

MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate and interstate shipment by motor truck.

MOTOR HOME, MINI-MOTOR HOME, OR VAN CAMPER: A self-contained motor vehicle, not used commercially, designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk-through access to the living quarters from the driver's seat. Such vehicles must include at least four (4) of the following:

   A.   A cooking facility with an onboard fuel source;

   B.   A gas or electric refrigerator;

   C.   A toilet with exterior evacuation;

   D.   A heating or air conditioning system with an onboard power or fuel source separate from the vehicle engine;

   E.   A potable water supply system that includes at least a sink, a faucet, and a water tank with an exterior service supply connection;

   F.   A 110-125-volt electric power supply.

MOTOR VEHICLE: Any vehicle which is self-propelled by mechanical or electrical power but not operated upon rails.

MOTOR VEHICLE BODY AND REPAIR: An establishment, building, or land used for the repair and maintenance of automobiles, motorcycles, trucks or similar vehicles including but not limited to body, fender, muffler, or oil change and lubrication, painting, motor replacement or rebuilding, but excluding dismantling and salvage and establishments and facilities where the servicing and repair of vehicles is incidental to marketing and selling activities. All such service shall be conducted within an enclosed building.

MOTOR VEHICLE SALES: A building or part of a building and parcel of land where vehicles are sold to the public.

MOTOR VEHICLE SERVICE STATION OR GAS 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 services for automobiles, but not including major automobile repairs; and including washing of automobiles where no production line methods are employed. When the dispensing, sale or offering for sale of motor fuels is incidental to the conduct of a public garage, the premises shall be classified as a public garage. May also include, as accessory uses, convenience stores and/or restaurants.

MOTOR VEHICLE WRECKING YARD: See definition of "junkyard".

MUNICIPAL CODE: The Municipal Code of the Village of Bartlett.

NAMEPLATE: A sign denoting the business name of an occupation legally conducted on the building or premises, provided that the sign area does not exceed two (2) square feet in area.

NONCONFORMING BUILDING: See definition of building: building, nonconforming.

NONCONFORMING LOT: See definition of lot: lot, nonconforming.

NONCONFORMING USE: See definition of use: use, nonconforming.

NUISANCE: Any thing, condition or conduct that endangers health or unreasonably offends the senses or obstructs the free use and comfortable enjoyment of property or essentially interferes with the comfortable enjoyment of life.

NURSING AND PERSONAL CARE FACILITY: An establishment that provides full time nursing and health related personal care, but not hospital services, with inpatient beds for three (3) or more individuals who are not related by blood or marriage to the operator and who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves. A hospital shall not be construed to be included within this definition.

OFF STREET PARKING SPACE: An off street paved area used for the storage of one (1) automobile or other motor vehicle with access to a dedicated road right-of-way.

OFFICE, BUSINESS OR PROFESSIONAL: An office used for business, professional or administrative uses, which may or may not offer services to the public, and is engaged in the processing, manipulation or application of business information or professional expertise. This use may include as accessory uses, facilities not available for use by the general public such as meeting facilities, employee amenities such as exercise rooms, and food service. This use does not involve the fabricating, assembling, warehousing, or repair of physical products, and does not include medical/dental clinics, financial institutions or professional training centers.

OPEN SPACE: Any parcel or area of land or water essentially unimproved or otherwise devoid of buildings or other structures and paved areas and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

ORDINANCE: The Bartlett zoning ordinance.

OUTDOOR SALES: The sale or display for sale at retail of goods, or the provision of services, out of doors in conjunction with or accessory to a principal use.

OUTDOOR STORAGE: The storage of any goods, material, merchandise or equipment outside of an enclosed building. Outdoor storage does not include the display of goods for sale at retail or temporary storage of refuse, nor does it include outdoor refuse dumpsters, recycling containers, compacting equipment, pallet storage, baled cardboard, and other refuse and recycling materials.

OVERLAY DISTRICT: A district which acts in conjunction with the underlying zoning district or districts.

OWNER: A titleholder of record, or if title is held in trust, the beneficiary of the trust.

PARCEL: A lot or tract of land.

PARKING FACILITY: Any land or structure utilized for the parking of motor vehicles, including, but not limited to, parking structures, parking garages, parking lots, residential parking areas, and the components thereof, including, but not limited to, parking stalls, parking aisles, driveways, and approaches.

PARKWAY: That portion of a public street right-of-way on either side of an improved public street lying between the back of curb or the edge of pavement and the closest edge of sidewalk pavement or the right-of-way line.

PERFORMANCE ART STUDIO OR SPORTS ACADEMY/SCHOOL: An educational institution, either for profit or not for profit, where classes in the various arts (e.g., dance, painting, sculpture, music, performance) or for the teaching of athletic skills (e.g., martial arts, baseball, soccer) are taught to four (4) or more persons at a time.

PERFORMANCE STANDARD: A set of criteria or limits relating to nuisance elements that a use or process may not exceed. All definitions related to the requirements of performance standards are contained in chapter 6 of this title.

PERSONAL SERVICE: A business that provides personal services directly to customers at the site of the business or that receives goods from or returns goods to the customer which have been treated or processed at another location, including, without limitation, travel agencies, dry cleaning and laundry drop off and pick up stations, tailors, hair stylists, cosmeticians, tanning salons, currency exchanges, postal substations, package delivery and pick up stations, shoe repair shops and interior design studios.

PERVIOUS SURFACE: A surface which allows water to be absorbed directly into the ground.

PET: See definition of animal, domestic.

PET STORE: A retail establishment primarily involved in the sale of domestic animals, such as dogs, cats, fish, birds and reptiles, excluding exotic animals and farm animals such as horses, goats, sheep and poultry.

PLACES OF ASSEMBLY: Any amphitheater, assembly hall, auditorium, religious institution, coliseum, concert hall, hall, meeting room, sanctuary stadium, or other main activity area of a building, structure, or place, whether enclosed or out of doors, whether a principal use or an accessory use, which is used or intended for use as a place for the gathering together of a group of persons for any purpose or purposes.

PLANNED UNIT DEVELOPMENT (PUD): A tract of land which is developed as a unit under single ownership or control, which includes one or more principal buildings or uses, and is processed under the planned unit development provisions of this title. Also, a parcel of land planned as a single unit rather than as an aggregate of individual lots, with design flexibility from traditional siting regulations (such as side yards, setbacks and height limitations) or land use restrictions (such as prohibitions against mixing land uses within a development).

PLANNED UNIT DEVELOPMENT PLAT/PLAN: A drawing or map made to measurable scale upon which is presented a description and definition of the way in which the design requirements of the planned unit development are to be met and intended for recording with the Recorder of Deeds of DuPage, Kane or Cook County or the Registrar of Titles of Cook County.

‘PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission of the Village of Bartlett.

PLAT OF SUBDIVISION: A drawing showing the division of land into lots. Such plat shall be in conformance with the requirements of the subdivision ordinance of the Village and all County and State statutory requirements.

PLAYGROUND EQUIPMENT: A structure intended for recreational or athletic use including, but not limited to: playhouses, sandboxes, swing sets, trampolines and jungle gyms.

PORCH: An unenclosed roofed structure at an entrance to a building which is not heated or cooled that is attached to the building.

PORTABLE STORAGE UNIT, TEMPORARY: Any movable, fully enclosed container placed outdoors which is designed and intended to temporarily serve as a storage containment unit for household or commercial goods or equipment.

PROFESSIONAL TRAINING CENTER: A training center with classrooms, administrative offices, food preparation and service, residential accommodations for trainees, and recreational facilities.

PROPERTY LINE: See definition of lot line.

PUBLIC HEARING: A meeting conducted pursuant to the provisions of the Illinois Open Meetings Act at which petitioners and members of the general public may give testimony, evidence or opinions relevant to the subject matter of such hearing.

PUBLIC MEETING: A meeting conducted pursuant to the provisions of the Illinois Open Meetings Act.

RECREATIONAL UNIT: One recreational vehicle or one or more all-terrain vehicles, snowmobiles or watercraft on a single trailer.

RECREATIONAL VEHICLE: Any camping trailer, motor home, mini-motor home, travel trailer, truck camper or van camper used primarily for recreational purposes.

RECYCLING: The collection and often reprocessing of discarded materials for reuse.

RECYCLING FACILITY: A facility where newspapers, magazines, books and other paper products, glass, metal cans, and other products are received, sorted, reprocessed and/or treated as part of a process to return such products to a condition in which they may be used again as a raw material in finished products. This use does not include a junkyard.

RELIGIOUS INSTITUTION: A place of worship or religious assembly with related facilities such as: rectory; private school; meeting hall; offices for administration of the institution; licensed child or adult care, playground or cemetery.

RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

RESTAURANT: An establishment in which food, drinks or refreshments are prepared and sold to customers primarily for consumption on the premises, and for which carryout services and facilities are clearly subordinate to the principal use of providing prepared foods for consumption on the premises. The term "restaurant" includes, without limitation, establishments such as cafes, lunch counters, cafeterias, or other similar businesses, but does not include drive-in or fast food restaurants.

Restaurant, Drive-In: A business in which the sale and purchase of food or beverages is designed and equipped so as to allow its patrons to be served or accommodated primarily while remaining in their motor vehicles.

Restaurant, Fast Food Or Carryout: Any business in which the principal part of the business is providing food or meals for compensation in disposable wrappers or containers for consumption within the principal building or off the premises at which it is prepared.

RETAIL SALES AND SERVICES: A commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.

RETENTION: A stormwater storage area designed to contain a specified volume of water and discharges additional volume at limited rate only when excess stormwater runoff occurs.

REZONING: Changing the zoning classification of a particular lot or parcel of land.

ROADSIDE FARM STAND: A structure erected for the display and sale of agriculture products. These products are generally grown on site or on other premises owned by the operator of the roadside stand.

SCHOOL: Any public or private educational facility (with or without boarding) including business or trade schools.

SEMI-TRAILER: A non-motorized, portable container on wheels that is designed to be attached and pulled for the purpose of transporting primarily goods and materials customarily for commercial purposes over public roads. The size and weight of a semi-trailer enables it to only be pulled by a large truck or semi-tractor. Semi-trailers may be tankers, flatbeds or enclosed.

SENIOR HOUSING, ASSISTED AND SUPPORTIVE LIVING RESIDENCES: A special combination of housing, supportive services, personalized assistance, and healthcare designed to respond to the individual needs of those who need help with activities of daily living. Most offer private rooms with kitchenettes and common living and dining areas. Services vary, but often include: assistance with activities of daily living; administration of medicine; first aid and medical care for minor ailments; and round the clock protective oversight.

SENIOR HOUSING, INDEPENDENT LIVING RESIDENCES: Senior apartments or multi-family residential apartments designed for persons aged fifty five (55) years and older. These properties may or may not offer meal service to residents and typically offer a limited array of supportive care services and/or service coordination.

SEPTIC SYSTEM, PRIVATE: An underground system with a septic tank used for the decomposition of domestic wastes.

SETBACK: The required minimum horizontal distance between any line of a building or structure and any property line. The term "required yard" is often applied interchangeably with the term "setback".

SHOPPING CENTER: A classification of retail stores, characterized by a cluster of stores and off street parking, which are planned and developed as an operating unit.

Community Shopping Center: A shopping center that provides an extensive variety of goods comparable to those found in a central business district, including a wide selection of general merchandise, apparel, and home furnishing, as well as a variety of services and recreational facilities. The major occupants of a regional shopping center include at least one, but no more than two (2), full line department stores, and include several specialty stores, restaurants and entertainment venues. Might include outlot shopping sites. The total center size typically exceeds three hundred thousand (300,000) square feet.

Local Shopping Center: A shopping center that provides for the sale of daily living needs and convenience goods like food, pharmacy, hardware and personal services. Does not include any outlot shopping sites. The total center size typically does not exceed one hundred thousand (100,000) square feet.

Neighborhood Shopping Center: A shopping center that provides many of the convenience tenants found in local shopping centers, while offering a wider range of apparel, hardware, home furnishings, home improvement, and specialty stores. Might include outlot shopping sites. The total center size typically ranges from one hundred thousand (100,000) to three hundred thousand (300,000) square feet.

SIGN: A name, identification, description, display, message or illustration, illuminated or nonilluminated, which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land and is directed at and visible from the public right of way and which directs attention to an object, product, place, activity, person, institution, organization, or business, including any permanently installed or situated merchandise, or any emblem painting, flag, banner, pennant, or placard designed to advertise, identify or convey information. However, a "sign" shall not include any display of official court or public notices, nor shall it include the flag, emblem, or insignia of a nation, political unit, school or religious group. All definitions related to the requirements for signs are contained in chapter 12, article E of this title.

SITE PLAN: The graphical depiction of the location and arrangement of existing and proposed buildings and structures, parking lots and drives, roadways and rights of way, sidewalks, bicycle paths, and other freestanding structural features on a lot.

SMOKING SHELTER: An attached or detached accessory structure, enclosed or semienclosed on not more than three (3) sides, and is designated solely for the purpose of smoking legal tobacco products.

SNOWMOBILE: A self-propelled device designed for travel on snow or ice or natural terrain steered by skis or runners, and supported in part by skis, belts or cleats.

SOLAR ENERGY: Radiant energy received from the sun at wave lengths suitable for heat transfer, photosynthetic use, or photovoltaic use.

SOLAR ENERGY SYSTEM: A system that uses the power of the sun to capture and store energy and reduce on site consumption of utility power.

Solar Energy System, Building Mounted: A solar energy system that is mounted on either the principal or accessory structure or facade.

Solar Energy System, Freestanding: A solar energy system that is not attached to another structure and is ground mounted.

SOLID WASTE FACILITY: Any establishment operated for the purpose of recycling, reclaiming, storing, treating, transporting or disposing of solid waste. Solid waste facilities include balefills, incinerators, landfills, and transfer stations.

SPECIAL USE PERMIT: A permit granted by the village board under the provisions of this title for a use that has been determined to be more intense or to have a potentially greater impact than a permitted use within the same zoning district, subject to compliance with the requirements of this title as well as any additional requirements imposed by the board of trustees.

STABLE, PRIVATE: A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

STABLES AND/OR RIDING ACADEMIES, COMMERCIAL: The grounds and buildings where horses are bred, raised, boarded or kept for remuneration, hire or sale.

STABLES AND/OR RIDING ACADEMIES, NONCOMMERCIAL: The grounds and buildings designed, arranged, used or intended to be used for the boarding, keeping or housing of horses for the private use of the owner. Such use may be located on a lot occupied by residential uses or may be located on a lot occupied by the equestrian facilities of a private riding club subject to the provisions of this title. All such uses shall be operated as not for profit facilities.

STREAM: Any natural, artificial or channelized watercourse that transports continuous or periodic flowing water.

STREET: A public or private right of way which affords a means of access to adjoining property, but not including driveways to buildings.

Street, Collector: A street which has substantial continuity within an area or neighborhood, and which is used primarily to access arterial streets from local streets, and which affords a primary means of access for intersecting streets and for adjoining lots of record. Collector streets shall include Main Street, Mayflower Lane, Newport Boulevard, E. North Avenue, Oak Avenue (north of Railroad Avenue), Prospect Avenue, Sayer Road, Spaulding Road, Struckman Boulevard, and other collector streets, as may be designated by the village board.

Street, Local: A street which affords a primary means of access for adjoining lots of record, adjacent land uses and intersecting streets.

Street, Minor Arterial: A street of substantial continuity which serves or is intended to serve a large volume of traffic for the immediate area in which it is located, and which affords a primary means of access for intersecting streets and for adjoining lots of record at a limited number of locations. Minor arterial streets shall include Army Trail Road, S. Bartlett Road, W. Bartlett Road, Devon Avenue, Munger Road, Naperville Road, W. Railroad Avenue, Schick Road, Stearns Road, and other minor arterial streets, as may be designated by the village board.

Street, Principal Arterial: A street of continuity between municipalities or other urban centers which serves or is intended to serve a large volume of traffic for both the immediate area and the region, and which affords a primary means of access for intersecting streets and for adjoining lots of record at a limited number of locations. Principal arterial streets shall include County Farm Road, U.S. Route 20, State Route 25, State Route 59, and other principal arterial streets, as may be designated by the village board.

STRUCTURAL ALTERATION: Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal or alteration of bearing walls, columns, beams, girders or foundations, or any substantial change in the roof or in the exterior walls.

STRUCTURE: An improvement upon land, other than the land itself, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but not limited to, buildings, fences, freestanding signs, patios and parking areas.

SWIMMING POOL OR WADING POOL: Whether indoors or outdoors and whether above or below the surface of the ground or both, intended to contain water for swimming, having an inside wall depth at any point of more than two feet (2') or a surface area exceeding two hundred fifty (250) square feet. This includes inground, aboveground, and onground swimming pools, hot tubs and spas.

TATTOO PARLOR: An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of placing designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances, which result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.

TAVERN OR BAR: An establishment primarily engaged in serving alcoholic liquor for consumption on the premises. This use may also include accessory sale of prepared food. Live entertainment is permitted as a special use in completely enclosed areas. This use does not include outdoor dining, unless permitted as a special use.

TEAR DOWN: The act of demolishing an existing house on a previously platted lot in order to provide a building site for immediate construction of a new house, or the act of demolishing a house in order to let the lot sit vacant for any period of time in order to build a new house at any time in the future.

TENT: Any structure or enclosure, the roof and/or one-half (1/2) or more of the sides of which are constructed of silk, cotton, canvas, fabric or a similar light material.

THEATER: An indoor or outdoor establishment where live performances, motion pictures, or other recorded media are offered for public viewing. This use does not include any "adult use", as defined herein.

TITLE: The Bartlett zoning ordinance.

TOBACCO/VAPE STORE: A retail establishment where the primary function is the sale of tobacco or tobacco related products, electronic cigarettes, vape or vaping products, or alternative nicotine products.

TOWNHOUSE: An attached single-family residential housing design which typically contains three (3) or more dwelling units having one (1) or more walls adjoining with another dwelling and designed to have all exits open directly to the outside.

TRACT: An area, parcel, site, piece of land or property which is the subject of a development application.

TRAILER: Any vehicle without motive power in operation designed for carrying persons or property and for being drawn by a motor vehicle.

TRAILER AND SEMI- TRAILER STORAGE LOT: Any real property where trailers, semi-trailers, and/or truck tractors are stored, repaired, serviced, loaded, unloaded or otherwise parked. All trailer and semi-trailer lots shall be made of a constructed surface, including paved, asphalt, concrete surfaces, and other hard impermeable surfaces, and shall not include any soft ground, including compressed gravel or road grindings. Parking lots shall be required to be appropriately lined or striped for parking spaces consistent with its use and the village code, including all zoning and parking regulations.

TREE PRESERVATION PLAN: A plan indicating the location of and methodology by which existing plant material is to be preserved during the development of a lot or parcel of land.

TREE SURVEY: A scaled drawing accurately locating and indicating the size, condition and species (common and botanical names) of all mature trees and the location of any buildings, parking areas, sidewalks and streets on a parcel of property. For all requirements relating to tree surveys see Chapter 10, article B of this title.

TRUCK STOP ESTABLISHMENT: A facility: (i) that is at least a three-acre facility with a convenience store, (ii) with separate diesel islands for fueling commercial motor vehicles, (iii) that sells at retail more than ten thousand (10,000) gallons of diesel or biodiesel fuel per month, and (iv) with parking spaces for commercial motor vehicles as defined in Section 18b-101 of the Illinois Vehicle Code. The requirement of item (iii) of this definition may be met by showing that estimated future sales or past sales average at least ten thousand (10,000) gallons per month.

TRUCK TRACTOR: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn, or a power unit that carries as property motor vehicles when operating in combination with a semi-trailer in transporting motor vehicles or any other commodity, including cargo or general freight, on a backhaul.

USE: The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance of standards of this title.

Use, Accessory: A use which is subordinate or incidental to the principal use of the premises.

Use, Change In: A change in the use of a "zoning lot" from one (1) "land use" specifically enumerated in the lists of "permitted uses" and "special uses" to another land use specifically enumerated in the lists of "permitted uses" and "special uses". For "multiple-family dwellings", an increase or decrease in the number of dwelling units shall be considered a change in use.

Use, Incompatible: A use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous or discordant.

Use, Nonconforming: Any use of land, buildings or structures which use is not permitted in the zoning district in which such use is located.

Use, Permitted: A use, which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (if any) of such district.

Use, Principal: The main use of land or buildings as distinguished from a subordinate or accessory use. A "principal use" may either be "permitted" or "special".

Use, Special: A use of land or buildings, or both, which has been determined to have a potentially greater impact than a permitted use within the same zoning district and is, therefore, subject to special provisions and restrictions.

UTILITY, PRIVATE OR PUBLIC:

   A.   Any agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, communication, rail transportation, water, sewage collection or other similar service;

   B.   A closely regulated private enterprise with an exclusive franchise for providing a public service.

VARIANCE: A modification granting relief from one (1) or more provisions of this title where particular hardships, not intended or common to other property owners in the district, would result from following the strict letter of this title.

VEHICLE: Every device, in, upon or by which a person or property is or may be transported or drawn upon public streets.

   A.   Commercial Motor Vehicle: Any motor vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not-for-hire, but not including a commuter van, a motor vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle not being used commercially.

   B.   Inoperable Vehicle: A vehicle which cannot be legally driven upon public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

VEHICLE STACKING AREA: An area of pavement designed to allow for the queuing of vehicles at drive-throughs, or other similar facilities, assuming a twenty two foot (22') front bumper to front bumper spacing ratio between vehicles. The vehicle stacking area shall be calculated to include the vehicle stationed at the service window as the first vehicle in the queue, and include each vehicle which queues behind the first vehicle.

VEHICLE STORAGE, PERMANENT: The outdoor storage of motor vehicles, trucks, vans, recreational vehicles, trailers, or other similar motorized transportation vehicles.

VEHICLE STORAGE, TEMPORARY: The temporary outdoor storage of motor vehicles, trucks, vans, recreational vehicles, trailers, or other similar motorized transportation vehicles.

VILLAGE: The Village of Bartlett, Cook, DuPage, and Kane Counties, Illinois.

VILLAGE BOARD: The Board of Trustees of the Village of Bartlett.

VISION CLEARANCE TRIANGLE: The triangular area determined by a diagonal line connecting two (2) points measured thirty five feet (35') equidistant from the lot corner of the two (2) intersecting lot lines adjacent to the public rights-of-way.

FIGURE 2-12
VISION CLEARANCE TRIANGLE

WAREHOUSE: A structure, part thereof, or area used principally for the storage of goods and merchandise.

WAREHOUSE DISTRIBUTION: This use includes structures or areas, or a portion thereof, used principally for the storage or distribution of goods and merchandise. This use shall not include "manufacturing, light" as defined herein.

WATER SUPPLY SYSTEM, PUBLIC: Collectively all property involved in a water utility including land, water sources, collection systems dams and hydraulic structures, distribution systems and other appurtenances, pumping stations, treatment works and general properties, or any parts thereof.

WATERCRAFT: Any vessel used or capable of being used as a means of transportation on water.

WELL, PRIVATE: A private underground source of water made accessible by drilling or digging to the level of the water table.

WETLANDS: Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

WHOLESALE ESTABLISHMENT: A business establishment engaged in selling to retailers rather than consumers.

WIND ENERGY SYSTEM, SMALL: A wind energy conversion system consisting of a wind turbine, a tower or mounting, and associated control or conversion electronics, which has a rated capacity of not more than one hundred (100) kW and which is intended to primarily reduce on site consumption of utility power.

Wind Energy System, Small Building Mounted: A small wind energy system that is mounted on either the principal or accessory structure's roof or facade.

Wind Energy System, Small Freestanding: A small wind energy system that is not attached to another structure and is ground mounted.

YARD: An open space measured from the nearest property line to the closest point of a principal building.

Yard, Corner Side: The area extending across a lot bounded by the corner side lot line, front yard, rear lot line, and the closest point of a principal building.

Yard, Front: The area extending across a lot bounded by the front lot line, the side lot lines and the closest point of a principal building.

Yard, Rear: The area extending across a lot bounded by the rear lot line, the side lot lines or corner side yard and the closest point of a principal building.

Yard, Required: The required area between any line of a principal building and any property line as prescribed by each zoning district. The term "setback" is often applied interchangeably with the term "required yard". (See figures 2-13 and 2-14 of this section.)

Yard, Side: The area extending across a lot bounded by the front yard, rear yard, side lot line and the closest point of a principal building.

FIGURE 2-13
REQUIRED YARDS FOR STANDARD LOTS

FIGURE 2-14
REQUIRED REAR YARDS FOR ATYPICAL LOTS

ZONING ADMINISTRATOR: A person appointed by the President and Board of Trustees who is vested with administrative responsibilities regarding this title.

ZONING DISTRICT: A section or sections of the territory of Bartlett for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.

ZONING MAP: The map(s) and any amendments thereto designating zoning districts and incorporated into this title by reference.

(Ord. 2011-70, 10-18-2011; amd. Ord. 2013-81, 11-5-2013; Ord. 2017-24, 3-21-2017; Ord. 2017-136, 10-17-2017; Ord. 2019-94, 11-19-2019; Ord. 2020-12, 2-4-2020; Ord. 2020-84, 9-15-2020; Ord. 2022-17, 3-15-2022; Ord. 2022-92, 10-18-2022; 2025-106, 11-4-2025)