The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction:

   A.   The singular number includes the plural and the plural the singular.

   B.   The present tense includes the past and the future tenses, and the future the present.

   C.   The word "shall" is mandatory, while the word "may" is permissive.

   D.   The masculine gender includes the feminine and neuter.

   E.   Whenever a word or term defined in section 11-2-2 of this chapter appears in the text of this title, its meaning shall be construed as set forth in the definition thereof; and any word appearing in parentheses between a word and its definition herein shall be construed in the same sense as that word.

   F.   All measured distances, expressed in feet, shall be to the nearest integral foot; if a fraction is one-half foot (1/2') or more, the integral foot next above shall be taken. (Ord. 69-12, 4-23-1969)

The following words and terms, wherever they occur in this title, shall be interpreted as herein defined:

ACCESSORY BUILDING: A subordinate building or a portion of a principal building, the use of which is incidental and customary to that of the principal building. Where an "accessory building" is attached to and made a part of the principal building, such "accessory building" shall comply in all respects with the requirements of this title applicable to the principal building. An "accessory building", unless attached to and made a part of the principal building, as above provided, shall not be closer than ten feet (10') to the principal building.

ACCESSORY USE: A subordinate use which is clearly and customarily incident to the principal use of a building or premises and which is located on the same lot as the principal building or use except for such accessory parking facilities as are specifically authorized to locate elsewhere.

ADDITION: The increasing of the cubic content of a building or the increasing of its ground area.

AIRCRAFT: Any contrivance now known or hereafter invented for use in or designed for navigation of or flight in the air.

AIRPORT (LANDING STRIP, HELIPORT, OR HELISTOP): Any premises which is used or intended for use for the landing and takeoff of aircraft; and any appurtenant areas which are used or intended for use for airport buildings or other airport structures or rights of way, together with all airport buildings and structures located thereon.

ALLEY: A right of way with a width not exceeding twenty four feet (24') which affords a secondary means of access to abutting property.

ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

APARTMENTS: See definition of Dwelling, Multiple-Family.

ARCHITECTURAL DRAWINGS: A geometrical representation of a building in plane, elevation, section or perspective; the process of making such a representation.

AUTOMOBILE LAUNDRY: Any building or portion thereof where automobiles are washed using a conveyor, blower, steam cleaning equipment, or other mechanical device of production line nature.

AUTOMOBILE MINIMART STATION: An automobile self-service station which offers or includes, as an accessory use, the retail sale of prepackaged, nonprescription drugs and convenience type food items.

AUTOMOBILE WRECKING YARD: Any area of land where three (3) or more motor vehicles not in running condition, or the parts thereof, are stored in the open and are not being restored to operation, or any land, building, or structure used for the wrecking or storing of such automobiles or parts thereof.

AWNING: A rooflike cover, temporary in nature, which projects from the wall of a building and which may overhang a street.

BASE FLOOD ELEVATION: That elevation of the highest flood of record, determined by the Village Engineer's record of the elevations of the highest flood at locations as indicated on the zoning map. "Base flood elevations" at intermediate locations shall be interpolated along the watercourse between the two (2) nearest base elevations, one each upstream and downstream. The controlling "base flood elevation" for any building site shall be the same as the "base flood elevation" at the nearest point of the watercourse, as measured on a line perpendicular to the direction of the watercourse.

BASEMENT: A portion of a building located partly underground, but having less than half its clear floor to ceiling height below the average grade of the adjoining ground.

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

BOARDING HOUSE (LODGING HOUSE, ROOMING HOUSE, TOURIST HOME): A building in which is carried on the business of providing food or lodging for three (3) or more persons but not more than twenty (20) persons who are not members of the family of the owner or of the tenant of the premises where the food or lodging is served, and only to such persons as may make contractual arrangements and not to the general public.

BREWPUB: A restaurant-brewery that sells its beer on site. The beer is brewed primarily for sale in the restaurant and bar. The beer is often dispensed directly from the brewery's storage tanks. Where permitted by the establishment's liquor license, the brewpub may be permitted to sell beer that is produced and packaged in a sealed container on site, "to go".

BUILDABLE AREA (For The Purpose Of Measuring Lot Width): The first thirty feet (30') of lot depth immediately in back of the front yard setback line.

BUILDING: Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of any person, animal, or chattel. When any portion thereof is completely separated from every other portion by a party wall, then such portion shall be deemed to be a separate "building".

BUILDING, ACCESSORY: A subordinate building or portion of a principal building, the use of which is incidental to that of the principal building and customary in connection with that use.

BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and party walls and by exterior walls pierced only by windows and normal entrance or exit doors.

BUILDING, DETACHED: A principal building surrounded by open space on the same lot.

BUILDING HEIGHT: The vertical distance measured from the established curb level or existing terrain, whichever is higher, to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. Chimneys, towers, spires, elevator penthouses, cooling towers and similar projections other than signs shall not be included in calculating "building height".

BUILDING, PRINCIPAL: A nonaccessory building in which is conducted the principal use of the lot on which is located.

BUILDING, RESIDENTIAL: A building arranged, designed, used, or intended to be used for residential occupancy by one or more families. "Residential buildings" include, but are not limited to, the following types: single-family detached dwellings, two-family dwellings, and multiple-family dwellings.

BUILDING, TEMPORARY: Any building not designed to be permanently located in the place where it is or where it is intended to be placed or affixed.

BULK: A composite characteristic of a given building as located upon a given lot, not definable as a single quantity, but involving all of the following characteristics:

   A.   Size and height of building;

   B.   Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings;

   C.   Gross floor area of the building in relation to lot area (floor area ratio);

   D.   All open spaces allocated to the building; and

   E.   The amount of lot area provided per dwelling unit.

BUSINESS: An occupation, employment or enterprise which occupies time, attention, labor, and materials, or wherein merchandise is exhibited or sold, or where services are offered.

CELLAR: The portion of a building located partly or wholly underground and having half or more than half of its clear floor to ceiling height below the average grade of the adjoining ground. In dwellings, except for single-family residences, a "cellar" shall not be used for the purposes of sleeping or the preparation of food.

CLUB OR LODGE, PRIVATE: A nonprofit association of persons who are bona fide members paying dues which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests.

CONFORMING BUILDING OR STRUCTURE: Any building or structure which:

   A.   Complies with all the regulations of this title or of any amendment hereto governing bulk of the zoning district in which said building or structure is located; or

   B.   Is designed or intended for a permitted or special use as applicable in the district in which it is located.

COURT, HEIGHT: The vertical distance from the lowest level of a court to the mean height of its bounding walls.

COURT, INNER: An open, uncovered, unoccupied space surrounded on all sides by walls or by walls and an interior lot line. The latter is also a "lot line court".

COURT, LENGTH OF OUTER: The mean horizontal distance between the open and closed ends of an outer court.

COURT, OUTER: An open, uncovered, unoccupied space, other than a yard, on the same lot with a building, extending directly to and having at least one side thereof open for its full width upon a street, alley or other permanent public open space.

CURB LEVEL: The level of the established curb in front of a building or structure measured at the center of such front. Where no "curb level" has been established, the "curb level" shall be deemed to be the established level of the centerline of the street surface in front of a building or structure measured at the centerline of such front.

DECIBEL: A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in "decibels".

DERMAL PIGMENTATION ESTABLISHMENT, PERMANENT: Any establishment at which the act of puncturing the skin and inserting indelible colors to create permanent pigmentation or color is performed, as is often associated with tattoos.

DISTRICT: Sections of the village of Bloomingdale for which the regulations governing the height, the area, or the use of buildings and premises are the same.

DRIVE-IN ESTABLISHMENT: An establishment, or part thereof, in which is provided facilities to serve or consume commodities, or both, which is intended to occur primarily in patrons' automobiles parked on the premises.

DRIVE-THROUGH USE: A use or part thereof in which products or services are dispensed to persons at windows, terminals or other locations of such use where access thereto is gained by such persons by way of motor vehicles. Such uses often include, without limitation, food and beverage establishments, pharmacies, banks, dry cleaners and merchandise or product drop off areas.

DWELLING: A building, or portion thereof, designed or used exclusively for residential occupancy, including one-family dwellings, two-family dwellings, and multiple-family dwellings; but not including hotels, motels, boarding or rooming houses, tourist homes, and trailers, with or without wheels.

DWELLING, ATTACHED (GROUP, ROW, AND TOWN HOUSES): A dwelling which is joined to other dwellings at both sides by party walls, as one of a series of not more than six (6) dwellings arranged in a row including the semidetached dwellings at the ends, and not more than two (2) stories in height.

DWELLING, DETACHED: A dwelling which is entirely surrounded by open space on the same lot.

DWELLING, MULTIPLE-FAMILY: A dwelling containing three (3) or more dwelling units.

DWELLING, SEMIDETACHED: A dwelling which is joined to another dwelling at one side only by a party wall.

DWELLING, SINGLE-FAMILY: A detached building designed for and intended to be occupied as a residence by only one family and servants.

DWELLING, TWO-FAMILY: A dwelling designed for or occupied exclusively by two (2) families living in separate housekeeping units, where each dwelling unit is detached and not semidetached.

DWELLING, TWO-FAMILY DUPLEX: A dwelling designed for or occupied exclusively by two (2) families living in separate housekeeping units, the two (2) dwelling units being semidetached.

DWELLING UNIT: A group of rooms constituting all or part of a dwelling, being a residential accommodation, including complete kitchen facilities, permanently installed, which are arranged, designed, used or intended for use exclusively as living quarters for one family and not more than an aggregate of two (2) roomers or boarders. Where a private garage is structurally attached, it shall be considered as a part of the building in which the "dwelling unit" is located.

EFFECT OF SEPARATE ENTRANCE: Any dwelling wherein there is provided means of ingress and egress separate from those provided for the first floor shall be considered a two-family or multiple-family dwelling.

EFFICIENCY UNIT (STUDIO APARTMENT): A dwelling unit consisting of one principal room, together with bathroom, kitchen, hallway, and closets, and may contain a dining alcove directly off the principal room, provided such dining alcove does not exceed one hundred twenty five (125) square feet in area.

ELECTRIC DISTRIBUTION CENTER: A terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.

ELECTRIC SUBSTATION: A terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system.

ESTABLISHMENT OF USE: Whenever reference is made to the "establishment of a use", or by other words to the same effect, such language shall refer either to the creation of a new use or to the alteration or modification of an existing use.

FAMILY: One or more persons each related to the other by blood, marriage, or legal adoption, or a group of not more than three (3) persons not all so related, together with his or their domestic servants, maintaining a common household in a dwelling unit. A "family" may include two (2) roomers, boarders, or permanent guests, whether or not gratuitous.

FARM: An area which is used for the growing of the usual farm products such as vegetables, fruits, trees, and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals for the use or consumption by the person or persons operating the farm. The term "farming" includes the operating of such an area for one or more of the above uses, including the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities; and provided further, that "farming" does not include the feeding of garbage or offal to swine or other animals.

FENCE: See definitions of "fence" at section 11-19-3 of this title.

FILLING STATION: Any building or premises used for the dispensing, sale, or offering for sale at retail of any automotive fuels or oils. When the dispensing, sale, or offering for sale is incidental to the conduct of a public garage, the premises is classified as a "public garage".

FIREARMS PRACTICE FACILITY, INDOOR: An establishment for the practicing of target shooting on an established target range(s) within an enclosed building and meeting the standards of the U.S. department of energy range design criteria. The sale of firearms and associated products may be permitted as an accessory use.

FLOOD RESERVOIR: A ponding area created for the purpose of impounding floodwaters and alleviating any flood damage which might result from manmade fills.

FLOODPLAIN: That contiguous land area adjacent to a watercourse whose elevation is equal to or below the flood base elevation, including any land which is surrounded on more than one-half (1/2) its perimeter by land having an elevation equal to or lower than the base flood elevation.

FLOOR AREA (For The Purpose Of Determining The Floor Area Ratio, Conversions Of Existing Structures, And Maximum Size Of Businesses And Establishments): The sum of the horizontal area of the floor space contained in all floors, including a basement floor, but not including a cellar floor, of a building or buildings on a lot, measured in square feet from the exterior faces of the exterior walls of each building, or from the centerline of party walls separating two (2) buildings. Such "floor area" shall also include:

   A.   Space devoted to elevator shafts and stairwells at each floor;

   B.   Floor space used for mechanical equipment when the structural headroom exceeds seven feet ten inches (7'10") in height, except equipment such as bulkheads, water tanks, and cooling towers, when located on the roof, whether or not such equipment is in the open or enclosed;

   C.   Floor space in that part of a half story where the headroom is seven feet ten inches (7'10") or more in height;

   D.   Floor space devoted to interior balconies, mezzanines, and enclosed porches;

   E.   Floor space devoted to accessory uses in the principal building and in the accessory building or buildings; and

   F.   Floor space devoted to enclosed off street parking and off street loading.

FLOOR AREA RATIO: The numerical value obtained through dividing the floor area of a building or buildings by the net lot area on which such building or buildings are located.

FREQUENCY: The number of oscillations per second in a sound or other type of wave measuring the pitch of the resulting sound.

FRONTAGE: All property on one side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

FRONTAGE ROAD: A road constructed parallel to and immediately adjacent to the right of way of a primary highway, and designed to serve the properties fronting on said primary highway.

FULL SERVICE STATION: An automobile service station which, in addition to the retail dispensing of vehicular fuels, performs, as an accessory use, automotive maintenance, service, or repair (excluding bodywork) including, but not limited to, the sale and installation of lubricants, tires, batteries, and similar accessories for automotive vehicles to owner representatives. Such station may also allow, as an option, customer dispensing of vehicular fuels at certain pump islands.

GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building which is intended for and used for storing the private passenger vehicles and one commercial vehicle of not more than one ton load capacity of a family or families resident upon the premises, which shall be limited to three (3) parking spaces for single-family dwellings, and in multiple-family dwellings, shall be limited in the number of parking spaces to one and one-half (11/2) times the number of dwelling units, plus one, and in which no business, service or industry connected directly or indirectly with the automotive vehicles is carried on; provided, that not more than one-half (1/2) of the space may be rented for the private passenger vehicles of persons not resident on the premises; except, that all the space in a garage of one or two (2) car capacity may be so rented.

GARAGE, PUBLIC: Any building within which automotive vehicles are painted, repaired, rebuilt, reconstructed or stored for compensation.

GARAGE, STORAGE: A building used for housing only of motor vehicles pursuant to previous arrangements and not by transients, and where no equipment or parts are sold and vehicles are not rebuilt, serviced, repaired, hired or sold; except, that fuel, grease or oil may be dispensed within the building to vehicles stored therein.

GOLF COURSE: Public, semipublic or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least twenty five (25) acres for each nine (9) hole "par 3" course.

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

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

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

   D.   The closest wall approximately parallel to a street line is to be considered as adjoining the street. Where no sidewalk exists, the "grade" shall be established by the Village Engineer.

GROUND FLOOR AREA: The lot area in square feet covered by a single-family dwelling, measured from the exterior faces of the exterior walls of the building. Such area shall include only the area devoted to dwelling purposes, including enclosed utility rooms on the ground floor of a dwelling, and shall not include area devoted to garage, breezeway or carport.

GROUP HOME: A specialized residential care home serving up to five (5) unrelated persons with developmental disabilities and no more than two (2) resident support staff, which is licensed, certified or accredited by appropriate local, state or national bodies. Group homes do not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse, or persons whose primary reason for placement is the treatment of a communicable disease.

HEAVY COMMERCIAL USES AND EQUIPMENT: Includes uses and equipment of a kind not generally involving purchase or use by the average resident in the usual conduct of matters pertaining to living and residence in the community, as contrasted with and distinguished from the usual general retail and service uses. "Heavy commercial uses" are exemplified by sales and service of earthmoving equipment, prime source turbines and generators, industrial heating apparatus, factory type machine tools, and data processing equipment.

HOME OCCUPATION: A gainful occupation or profession conducted by a member of a family residing on the premises and where the business or profession is conducted wholly within the dwelling.

HOTEL: A building containing not less than fourteen (14) lodging rooms, a general kitchen and dining room, a common entrance lobby, halls and stairway; and where lodging rooms do not have a doorway opening directly to the outdoors, except for emergencies; and where more than fifty percent (50%) of the lodging rooms are for rent, with or without meals, to transient guests for a continuous period of less than thirty (30) days.

HOTEL, APARTMENT: A hotel in which at least fifty percent (50%) of the hotel accommodations are for occupancy by permanent guests (30 days or more).

INSTITUTION: A building occupied by a nonprofit organization or a nonprofit establishment for public use.

JUNKYARD: An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junkyard" includes an auto wrecking yard, but does not include such uses as are conducted entirely within enclosed buildings.

KENNEL: Any premises where four (4) or more domestic animals over four (4) months of age are owned, boarded, bred and/or offered for sale.

LODGING HOUSE: See definition of boarding house (lodging house, rooming house, tourist home).

LODGING ROOM: A room rented as sleeping and living quarters, but without cooking facilities, and with or without an individual bathroom. In a suite of lodging rooms, each room which provides sleeping accommodations shall be counted as one "lodging room".

LOT: Except in the case of a planned development, a parcel of land of record in the office of the recorder of deeds of DuPage County, Illinois, which is occupied or intended for occupancy by one principal building, together with permitted accessory buildings and required open spaces, and having its principal frontage upon a street.

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

LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five degrees (135°) or less.

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

LOT, INTENSITY OF USE: The relation which the built over portion of a lot, called the "building area", has to the whole area of the lot.

LOT, INTERIOR: A lot other than a corner lot.

LOT LINE: A property boundary line of any lot held in single or separate ownership; except, that where any portion of the lot extends into the abutting street or alley, the "lot line" shall be deemed to be the street or alley right of way lines.

LOT LINE, FRONT: That boundary line of a lot which is along an existing or dedicated street lot line and which is established by the owner as a "front lot line". On corner lots, the owner may select either street lot line as the "front lot line".

LOT LINE, REAR: That boundary of a lot which is most distant from and is, or is approximately, parallel to the front lot line. If the "rear lot line" is less than ten feet (10') in length, or if the lot forms a point at the rear, the "rear lot line" shall be deemed to be a line ten feet (10') in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE: Any boundary of a lot which is not a front or rear lot line.

LOT OF RECORD: A single parcel of land that is: a) a designated lot created and delineated in a duly recorded plat of subdivision in the office of the recorder of deeds of DuPage County, Illinois; or b) described and conveyed by a deed recorded in the office of the recorder of deeds of DuPage County, Illinois; provided, however, that: a) a parcel of land that is described and conveyed by recorded deed must have met all applicable zoning and subdivision requirements then in force; and b) if the party identified in such deed as the grantor or seller of such parcel of land that is described and conveyed by recorded deed also owned a parcel of land that was then contiguous to such parcel of land that is described and conveyed by recorded deed, then such contiguous parcel of land must also have met all applicable zoning and subdivision requirements then in force.

LOT, REVERSED CORNER: A corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

LOT, THROUGH: A lot which has a pair of opposite lot lines along two (2) more or less parallel streets and which is not a corner lot. On a "through lot", both street lines shall be deemed front lot lines, except, in the case where an entire block consists of through lots, there shall be one common front lot line.

MAIN BUILDING OR USE: The main or primary purpose for which land or a structure or use thereon is designed, arranged or intended, or for which it may be occupied or maintained under this title. All other structures or uses on the same lot and incident or supplementary thereto and permitted under this title shall be considered accessory uses.

MARQUEE (CANOPY): A rooflike structure of permanent nature which projects from the wall of a building and may overhang the public way.

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 Illinois 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. In addition a dispensary cannot be located within one thousand feet (1,000') of a school or daycare center or located in a residential neighborhood.

MICROBREWERY: A business establishment where malt beverages of alcoholic content are produced for distribution, retail or wholesale, on or off premises, with a capacity of less than fifteen thousand (15,000) U.S. barrels of beer per calendar year. The establishment may include, as an ancillary use, an on site taste testing area and other uses such as a restaurant or tavern as permitted by the village of Bloomingdale zoning ordinance and/or liquor commissioner.

MICRO-WINERY: A business establishment where wine with alcoholic content is produced, fermented and aged for distribution, retail or wholesale, on or off premises with a capacity of less than 10,000 cases per calendar year and where the grapes and/or other fruit is grown in an offsite, remote location. For the purpose of this definition, a case shall be defined as twelve (12), 750 ml bottles. The establishment may include, as an ancillary use, an onsite taste testing area and other uses such as food sampling, as permitted by the Village of Bloomingdale Zoning Ordinance and/or Liquor Commissioner.

MOTEL (TOURIST COURT): A building containing lodging rooms having adjoining individual bathrooms, and where each lodging room has a doorway opening directly to the outdoors, and more than fifty percent (50%) of the lodging rooms are for rent to transient tourists for a continuous period of less than thirty (30) days.

MOTOR FREIGHT TERMINAL: A building and premises in which freight shipped by motor truck or railroad is received, assembled, sorted, and rerouted for local, intrastate or interstate shipment by motor truck.

MOTOR VEHICLE: Any self-propelled, wheeled vehicle designed primarily for transportation of persons or goods along public streets.

MOVED: The act of permanently establishing a structure upon a portion of land after removing same from another part of the same or a different lot, tract or parcel of land.

NET LOT AREA: The area inside of lot lines, exclusive of streets and alleys.

NONCONFORMING BUILDING: Any building which does not comply with all of the regulations of this title governing bulk for the district in which such building is located, or is designed or intended for a nonconforming use.

NONCONFORMING USE: A building, improvement or use which lawfully existed on any lot or premises prior to the effective date hereof, but which, at that time and thereafter, does not comply with the regulations of this title for the district within which such building, improvement or use is located.

NOXIOUS MATTER: Material which is capable of causing injury or malaise to living organisms or is capable of causing detrimental effects upon the health or the psychological, social, or economic well being of human beings.

NURSING HOME: A long term healthcare facility that provides full time care and medical treatment for people who are unable to take care of themselves.

OCTAVE BAND: A term denoting all frequencies between any given frequency and double that frequency.

OCTAVE BAND FILTER: An electrical frequency separator, designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals (American standard for sound-level meters, ASS no. 224.3-1944).

OPEN SALES LOT: Any land used or occupied for the purpose of buying, selling or renting passenger cars, trucks, trailers, motor scooters, motorcycles, boats, aircraft or monuments, and for the storing of same prior to sale or rental.

PACKAGE LIQUOR STORE: A business establishment where alcoholic beverages are kept and sold and where such alcoholic beverages are not generally imbibed on the premises. A package liquor store differs from a microbrewery and tavern in that liquors and other alcoholic beverages are not produced on site.

PARTICULATE MATTER: Material which is suspended in or discharged into the atmosphere in a finely divided form, as a liquid or solid, at atmospheric temperature and pressure.

PARTY WALL: A wall starting from the foundation and extending continuously through all stories to or above the roof which separates one building from another, and is in joint use by each building.

PATIO: A level, unenclosed surface structure, usually brick, concrete, or other form of mostly pervious pavement, located at the finished grade, usually directly adjacent to or attached to a building.

PERFORMANCE STANDARD: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards or glare or heat generated by or inherent in uses of land or buildings.

PERSON: Every natural individual, firm, partnership, association, corporation or organization of any kind.

PLANNED DEVELOPMENT: A use of land in single ownership or control, where the specific requirements of a zoning district may be modified, which offers benefits to the neighborhood of which it is a part or to the general public welfare beyond those required by this title, and which use of land will contain or provide amenities not otherwise required by law including, but not limited to, provisions for common open space, recreational facilities, or specific design, engineering, architectural, site planning or landscape features.

PLOT: Any parcel of land, subdivided or unsubdivided.

PROMOTIONAL SALE OR PROGRAM: The use of outdoor displays for the promotion of store sales.

REFUSE: All waste products resulting from human habitation, except sewage.

RESALE ESTABLISHMENT: General household merchandise originally sold at retail and previously owned by individuals or households, including clothing, furniture, home decor items, kitchen utensils and small appliances, consumer electronics, sporting goods, toys, recreational equipment and other household goods, but excluding merchandise marketed, held out, sold, valued or otherwise considered as antique merchandise, and excluding pawnshops and precious metal purchase shops.

RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities principally for the manufacture or sale of products.

REST HOME: See definition of Nursing Home.

RINGELMANN CHART: A chart which is described in the U.S. bureau of mines information circular 6888 and on which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke.

RINGELMANN NUMBER: The number of the area on the Ringelmann chart that coincides most nearly with the light obscuring capacity of smoke.

ROADWAY: That portion of a street between the regularly established curb lines or that part, improved or unimproved, which is used or intended to be used for vehicular travel.

ROOMING HOUSE: See definition of Boarding House (Lodging House, Rooming House, Tourist Home).

ROW HOUSE: See definition of Dwelling, Attached (Group, Row, And Town Houses).

SCREENING: A structure erected or vegetation planted for concealing from viewers the area behind it.

SELF-SERVICE STATION: An automobile service station where the dispensing of vehicular fuels is performed primarily by individual patrons and which does not perform any manner of automotive maintenance, service, or repair.

SETBACK, FRONT YARD: The minimum horizontal distance between the front lot line and the line of any main or accessory building or other structure located on the lot, disregarding steps.

SIDEWALK SALE: The selling of merchandise on the exterior of a commercial establishment, generally on the sidewalk adjacent to the building.

SMOKE UNITS, NUMBER OF: The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; the various products are then added together to give the total number of smoke units observed during the total period under observation.

SOUND LEVEL METER: An instrument standardized by the American Standards Association for measurement of the intensity of sound.

STABLE, PRIVATE: Any building which is located on a lot on which a dwelling is located, designed, arranged or used for not more than four (4) horses for the private use of occupants of the dwelling, not exceeding six hundred (600) square feet in area.

STABLE, PUBLIC: A building where horses are kept for hire or sale.

STAND, ROADSIDE: A structure for the display and sale of products with no space for customers within the structure itself.

STEEPLE: An unoccupied, ornamental tower built on or above the roof of a building.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a "story" if the floor of such basement is less than three feet (3') below grade or if the ceiling of such basement is more than five feet (5') above grade.

STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall not more than three feet (3') above the top floor level and, in which space, not more than sixty percent (60%) of the floor area, is completed for principal or accessory use.

STREET (AVENUE, PLACE, LANE, ROAD, BOULEVARD, TERRACE OR PARKWAY): All property dedicated or intended for public or private street, highway, freeway, or roadway purposes or subject to easements therefor.

STRUCTURAL ALTERATIONS: Any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls, partitions, foundations, columns, beams, or girders; or any substantial change in the roof or exterior walls.

STRUCTURE: Anything erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground. A sign or other advertising device, detached or projecting, shall be construed to be a separate "structure". A patio, regardless of the material used for construction, shall be construed to be a "structure".

STUDIO APARTMENT: See definition of Efficiency Unit (Studio Apartment).

SWIMMING POOL: Any temporary or permanent artificial pool or receptacle for water installed, constructed or maintained in, on or above the ground (not including those enclosed and located entirely within a dwelling), having a perimeter of more than twenty five feet (25') and a depth of more than two feet (2') at any point. A "swimming pool" shall be considered to be a main building and use; provided, however, that a "swimming pool" may be considered to be an accessory building or use customarily incidental to a dwelling when located on the same lot therewith and designed and used for swimming or bathing in connection with such dwelling solely by the persons living therein or their private guests. No "swimming pool" designed or used for any commercial or other nonresidential purpose shall be considered to be an accessory building or use customarily incident to a dwelling.

TAVERN: An establishment where liquors are sold to be consumed generally on the premises. A tavern differs from a microbrewery and brewpub, in that liquors and other alcoholic beverages are not produced on site. Packaged liquor may be sold, but only as part of an ancillary use when permitted by the village of Bloomingdale zoning ordinance and/or liquor commissioner.

TOURIST HOME: See definition of Boarding House (Lodging House, Rooming House, Tourist Home).

TOWNHOUSE DWELLINGS: See definition of Dwelling, Attached (Group, Row, And Town Houses).

TOXIC MATERIAL: A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.

TRAILER (CAMPER) (TRAVEL): An automobile or truck drawn highway vehicle designed to serve as temporary living quarters while traveling or camping.

TRAILER, HOUSE: Any vehicle or portable structure constructed so as to permit occupancy thereof for lodging or dwelling purposes or for use as an accessory building or structure in the conduct of a business, trade or occupation, and which is so designed and constructed that it is, or may be, mounted on wheels and used as a conveyance on streets and highways, and which is propelled or drawn by its own or other motive power.

TRAILER PARK: Any premises on which is parked one or more trailers, or any premises used or held out for the purpose of supplying to the public a parking space for one or more such trailers. The term does not include sales lots on which automobiles or unoccupied trailers, new or used, are parked for purposes of inspection and sale.

UNIFIED SHOPPING CENTER: Two (2) or more commercial establishments located on the same site and under the control of one association or management firm.

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.

USE, ACCESSORY: A subordinate use which is clearly and customarily incidental to the principal use of a building or premises, and which is located on the same lot as the principal building or use, except for such accessory parking facilities as are specifically authorized to be located elsewhere.

USE, LAWFUL: The use of any building, structure or land that conforms with all the regulations of this title, or any amendment hereto, and which conforms with all the codes, ordinances and other legal requirements, as existing on the effective date hereof, or any amendments hereto, for the structure or land that is being examined.

USE, NONCONFORMING: See definition of Nonconforming Use.

USE, PERMITTED: Any 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 building, as distinguished from a subordinate or accessory use.

USE, SPECIAL: Any building, structure, and use which complies with the applicable regulations governing special uses.

USE, TEMPORARY: A use which is permitted for only a limited period of time.

USED CAR LOT: Any land used or occupied for the purpose of buying and selling secondhand passenger cars and/or trucks and the storing of same prior to sale.

VENDING MACHINE: A machine for dispensing merchandise or services designed to be operated by the customer.

VISION CLEARANCE: An open, unoccupied triangular space at the street corner or a corner lot, the space being defined as a setback line extending across the corner between points established on the street lines by measurements from the corner.

YARD: An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky. A "yard" extends along a lot line and at right angles to such line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.

YARD, CORNER SIDE OR SIDE YARD ABUTTING A STREET: A side yard that adjoins either a roadway right of way or a private street, which, unlike a typical interior side yard, extends from the front lot line to the rear lot line.

YARD, FRONT: A yard extending across the front of a lot and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps.

YARD, INTERIOR SIDE: A yard extending along a side lot line between the front yard and the rear yard.

YARD, REAR: A yard extending across the rear of a lot and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall, in all cases, be at the opposite end of the lot from the front yard.

YARD, SIDE: Either a corner side yard/side yard abutting a street or an interior side yard, as the case may be. (Ord. 69-12, 4-23-1969; amd. Ord. 82-4, 2-8-1981; Ord. 92-38, 6-22-1992; Ord. 2008-14, 3-24-2008; Ord. 2011-10, 2-28-2011; Ord. 2011-38, 11-14-2011; 2012 Code; Ord. 2014-26, 6-9-2014; Ord. 2014-42, 10-13-2014; Ord. 2014-48, 10-27-2014; Ord. 2015-03, 1-12-2015; Ord. 2017-09, 3-13-2017; Ord. 2017-42, 11-13-2017; Ord. 2020-24, 10-12-2020; Ord. 2020-28, 11-9-2020; Ord. 2022-22, 5-9-2022)