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Burnham City Zoning Code

SECTION 1

- Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Words in the present tense shall include the future; words in the singular number shall include the plural number and vice versa. The word "lot" includes the word "plot." The word "building" includes the word "structure."

Accessory building. A subordinate building located in and occupying not more than 30 percentum of the rear year [yard] of the main building, whose use is incidental to that of the main building, and which does not exceed 14 feet in height.

Alley. A public thoroughfare furnishing a secondary means of access not less than 16 feet wide except in cases where an alley has before passage of this ordinance already been legally established or dedicated.

Antenna. A device other than an earth satellite station, for transmitting or receiving microwaves, radio waves including, but not limited to, radio waves which carry the signals of television and radio stations, and other electromagnetic energy signals.

Antenna structure. An antenna and the mast, tower or other structure upon which the antenna is mounted.

Apartment. A household unit in an apartment house, or above the first floor in a building used in part for commercial purposes and suitable for occupancy by one or more persons.

Basement. A story partly underground, which unless subdivided and used for tenant purposes, shall not be included as a story for purposes of height measurement.

Block. That property abutting on one side of a street between the two nearest intersecting streets, railroad right-of-way or other natural barriers.

Building. A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels; and when separated by division walls from the ground up and without opening, each portion of such building shall be deemed a separate building.

Building area. The maximum horizontal projected area of a building and its accessory buildings, excluding open steps, terraces, and cornices projecting not more than 30 inches.

Business. The word "business" or the word "commerce" when used in this ordinance means the engaging in the purchase, sale, barter or exchange of goods, wares or merchandise, and the maintenance or operation of offices or recreational or amusement enterprises.

Community garage. A series of private garages located jointly on a common lot and having no public shop or service in connection therewith, with a total capacity for not more than four motor vehicles.

Corner lot. A lot situated at the junction of two or more streets and having a width of not greater than 50 feet.

Depth of lot. The mean horizontal distance between the front and rear lot lines.

Depth of rear yard. The mean horizontal distance between the rear line of the building and the centerline of the alley where an alley exists, otherwise the rear lot line.

Dish. That part of an earth satellite station which, absent any protective covering is dish-shaped, parabolic, spherical or conical in configuration and design and which is designed for the reception and/or transmission of microwave, television, radio or other electromagnetic energy signals.

District. One or more sections of the Village of Burnham for which the regulations governing the heights, area and use of buildings and premises are the same.

Dwelling, one-family. A detached building designated for or occupied exclusively by one family.

Earth satellite station. A device for the transmitting or receiving of microwave, television, radio and other electromagnetic energy signals into or from space, and which consist of three main components: the antenna itself (often called a dish), a low-noise amplifier (LNA) and a receiver. The antenna and the LNA are located outdoors and are connected by coaxial cable to the receiver, which is placed indoors.

Family. Any number of individuals living and cooking together on the premises as a single housekeeping unit, including not more than four lodgers other than servants.

Garage. Any premises used for the housing or care of self-propelled vehicles.

Garage, private. A garage with a capacity for not more than three self-propelled vehicles.

Garage, public. A garage other than a private garage used for housing or care of more than three self-propelled vehicles or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

Height of building. The vertical measurement taken from the main level of the ground around the building to the highest point of the roof, for flat roofs, and mansard roofs; and to a point half way between the ridge level and the line where the main wall-face and the roof slant meet, for hip, gable or gambrel roofs.

Height of court of yard. The vertical distance from the lowest level of such court or yard to the highest point of any bounding wall.

Hotel. A building or premises where lodging in [is] provided with or without meals, for more than 20 persons.

Inner court means an open unoccupied space surrounded on all sides by walls, or by walls and a lot line.

Intensity of use of lot. That portion of the area of a lot which is occupied by or which may be occupied under this ordinance by building and accessory buildings.

Length of outer court. The mean horizontal distance between the open and closed ends of the court.

Line of building. The boundary of any side of the building, excluding only open porches not exceeding one story in height and glazed porches whose roofline is no higher than three feet above the second floor level, or whose area projected over the building line does not exceed 200 square feet; steps and terraces at or below the first floor level, balconies, canopies, or cornices projecting not more than 3½ feet beyond the wall of the building. (See also Building area. )

Lodginghouse. A building or premises where lodging is provided for compensation for five or more persons but not exceeding 20 persons.

Lot. Land occupied or to be occupied by one building and accessory building and uses and including the open spaces required under these regulations. A lot may be land so recorded on the records of the recorder of deeds of Cook County, Illinois, but it may include parts of or a combination of such lots when adjacent to one another, provided [that] such ground is used for one improvement.

Lot lines. The lines bounding a lot as defined herein.

Nonconforming use. A building or premises occupied by a use that does not conform with the regulations of the use district in which it is situated.

Outer court. An open unoccupied space on the same lot with a building extending to and opening upon a street, alley or yard.

Planned development. A lot or adjacent lots, parcel or tract of land, which may be bisected by a street, streets or railroad, aggregating not less than ten acres in area, which is initially under unified ownership or control and which is the site for a unified development which may be developed in its entirety at one time or by stages, containing one or more principal buildings or uses within one or more designated zoning districts, and where the regulations of the zoning ordinance may be modified.

Setback. There shall be a setback of not less than 20 feet, except that in a block where one or more buildings have been already erected, the setback of such building or buildings shall be considered the setback for that block, provided that on corner lots buildings shall be erected in such manner as to observe the established setback on both streets; provided, however, [that] for the lots of separate ownership, recorded in the office of the recorder of deeds, or the registrar of titles of Cook County, Illinois, at the date of the passage of this ordinance, having a width of less than 50 feet, the requirement for the setback on the side of a house may be modified, but shall as nearly as possible conform to the established setback on that street or to that specified in this ordinance. Where accessory buildings are on through lots, the setback provisions of each street shall be observed. The setback requirements set forth in this paragraph shall not apply to premises in any D district used or to be used in whole or in part for industrial or manufacturing purposes.

Side yard. There shall be [a] side yard on each side of the building having a width of not less than five feet. For lots of separate ownership duly recorded in the office of the registrar of titles or the recorder of deeds of Cook County, Illinois, at the date of the passage of this ordinance, having a width of less than 30 feet, the foregoing requirements for side yards may be reduced to a minimum width of three feet. The side yard requirements set forth in this paragraph shall not apply to premises in any D district used or to be used in whole or in part for industrial or manufacturing purposes.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it than [then] the space between such floor and the ceiling next above it.

Street. A thoroughfare used as a principal means of access to abutting property.

Structural alterations. Any charge [change] in the supporting members of a building or structure, including among others, any change in bearing walls, columns, beams or girders.

Structure. Anything erected, the use of which requires more or less permanent location or in the ground, or attached to something having a permanent location on or in the ground.

Terrace. A natural or artificial earthen embankment between a building and its street front. The height of the terrace shall be the difference in elevation between the average sidewalk level or its equivalent established grade opposite the front of the middle of the building and the average elevation of the terrace at the building wall.

Through lot. A lot having its front and rear lines on different streets.

Yard. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.

Yard, front. The minimum horizontal distance between the front lot line of the building or any projection thereof, excluding steps and eaves, extending across the full width of the lot to both side lot lines.

Yard, rear. A yard unoccupied except by an accessory building as hereinafter permitted, extending across the full width of the lot between the rear line of the building and the rear line of the lot.

(Ord. No. 80-O-009, § 1, 8-23-1980; Ord. No. 86-O-002, § 2, 1-26-1986)