For the purpose of this title, certain terms are defined in this chapter. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular. The word "building" shall include the word "structure" and "premises." The word "shall" is mandatory and the word "may" is permissive. The words "used" or "occupied" include the words "intended," "designed," or "arranged" to be used or occupied. The word "person" includes any legal entity including but not limited to a firm, association, organization, partnership, trust company or corporation as well as an individual. Any word not defined in this chapter shall be as defined in any recognized standard English dictionary.

(Ord. 07-31 § 2 (part), 2007)

The following terms, phrases, words and their derivations shall have the meanings as set forth herein:

"Abandoned" means the discontinuance of a nonconforming use or a special use for a period of six continuous months or more. Cessation of a use due to damage caused by fire, explosion, or catastrophe does not constitute abandonment unless there is no action to commence restoration within six months of the incident.

"Accessory building" means a subordinate building, the use of which is ancillary and incidental to and customary in connection with the principal building and which is located on the same lot as the principal building.

"Accessory solar energy system (ASES)" means a professionally manufactured system that uses solar panels made of solar cells, heat-absorbing plates, or other elements to convert sunlight to another form of energy, such as electricity or heat, for the primary purpose of supplying such energy for use by the principal use on the property on which the ASES is located as an accessory use or structure, allowing any excess energy to tie into the electrical grid via net metering. An ASES must be subordinate and incidental to a principal use and be located on the same lot as the principal use.

"Accessory solar energy system, ground-mounted" means an ASES (as defined in this section) that is not attached to another structure and is affixed to the ground.

"Accessory solar energy system, roof-mounted" means an ASES (as defined in this section) that is anchored to the structural portion of a principal building's roof.

"Accessory use" means a subordinate use which is ancillary and incidental to and customary in connection with the principal use and which is located on the same lot as the principal use.

"Accessory wind energy system (AWES)" means a manufactured device rated to a capacity of 100 kilowatts or less that converts wind power to another form of energy, such as electricity or heat, for the primary purpose of supplying such energy for use by the principal use on the property where it is located as an accessory use, allowing any excess energy to tie into the electrical grid via net metering. An AWES must be subordinate and incidental to a principal use and be located on the same lot as the principal use.

"Accessory wind energy system, roof-mounted" means an AWES (as defined in this section) which is affixed to a pole and is anchored to the structural portion of a principal building's roof. Also known as a windmill or wind turbine.

"Accessory wind energy system, tower-mounted" means an AWES (as defined in this section) which is affixed to a tower or pole and is anchored to a foundation in the ground. Also known as a windmill or wind turbine.

"Addition" means an extension or increase in floor area or height of a building or structure.

"Adjacent" means to lie near, close to, or in the neighborhood or vicinity thereof.

"Adjoining" means touching or contiguous, as distinguished from lying near or adjacent.

"Adult bookstore/videostore" means an establishment that offers adult material for sale or rent unless demonstrated that either:

1.

The revenues from the sale and/or rent of the adult materials comprise less than forty-nine (49) percent of the gross revenue from the sale and/or rent of all goods at the particular establishment; or

2.

The adult materials offered for sale and/or rent comprise less than thirty-five (35) percent of the items publicly displayed in the establishment as stock-in-trade.

"Adult dance establishment" means an establishment where employees or owners are engaged in dancing or live modeling and where specified anatomical areas are exposed to patrons.

"Adult entertainment establishment" means a business at a specific physical location operated for commercial gain including adult bookstore/videostore, adult dance establishment, or an adult theater. Any pre-existing business that changes its business into a form that meets one of the definitions in this chapter is deemed to be an adult entertainment establishment.

"Adult material" means any items that have as their primary or dominant theme or purpose the depiction, exhibition, illustration or description of specified sexual activities or specified anatomical areas which may include books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, video cassettes, slides, computer program software, game software, or other visual representations; or recordings, or other audio matter; or novelties, instruments, devices, or paraphernalia; or any item that is designed for use in connection with specified sexual activities.

"Adult theater" means an establishment that consists of an enclosed building or portion thereof, or an open-air area used for the viewing of adult material. This definition includes booths that are instituted for private or semiprivate viewing. The number of booths at a single establishment will be cumulatively considered an adult theater.

"Adult-use cannabis business establishment" means an adult-use cannabis craft grower, cultivation center, dispensing organization, infuser organization or infuser, processing organization or processor, or transporting organization or transporter.

"Adult-use cannabis craft grower" means 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, as it may be amended from time-to-time, and regulations promulgated thereunder.

"Adult-use cannabis cultivation center" means 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, as it may be amended from time-to-time, and regulations promulgated thereunder.

"Adult-use cannabis dispensing organization" means 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, as it may be amended from time-to-time, and regulations promulgated thereunder.

"Adult-use cannabis infuser organization" or "infuser" means 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, as it may be amended from time-to-time, and regulations promulgated thereunder.

"Adult-use cannabis processing organization" or "processor" means 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, as it may be amended from time-to-time, and regulations promulgated thereunder.

"Adult-use cannabis transporting organization" or "transporter" means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder.

"Agricultural activity" means any farming activity, including raising of forests and forest products, harvest and management, dairy farming, livestock grazing and pasturage truck gardening, the raising of crops, fruit and nursery stock, fish farms, animal kennels, fur-bearing animal farms, and the harvesting, processing, packaging, shipping, and selling of vegetable, fruit, dairy and meat products produced on the premises, and incidental farm occupations and uses such as machinery, farm equipment domestic repair and construction, excluding commercial feed lots.

"Alley" means any thoroughfare that is used primarily for vehicular traffic along the side or in the rear of properties and which affords only a secondary means of access to abutting properties.

"Alteration" means any change in size, shape, height, occupancy, or use of an existing building or structure.

Apartment. See "Dwelling unit."

"Applicant" means a developer who has filed an application for any zoning approval under the provisions of this title.

"Automobile service station" means any land, building, structure, or premises used for the sale at retail of motor vehicle fuels, oils, or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of bodies or fenders of motor vehicles, or painting motor vehicles, public garages, and the open storage of rental vehicles or trailers.

"Basement" means that portion of a building or structure having one-half or more of its height below the finished lot grade.

"Board" means the president and board of trustees of the Village of Carpentersville.

"Boarding house" means a building or portion of a building, other than a hotel or motel, where regular meals, with or without lodging, are provided for compensation and for a definite period to three or more persons not of the same family, but not open to the public or transients.

"Buffer" means an area within a property or site containing trees, shrubs, fences, walls, and/or berms, or any combination thereof, used to physically separate or screen one use or property from another use or property to visually shield or block noise, artificial light, or other potential nuisances.

Buildable Lot Area. See "Net buildable area."

"Building" means a structure designed, built, or occupied for supporting or sheltering any use or occupancy.

"Building height" means the vertical distance of the building measured from the building height grade line to the highest point of the roof, inclusive of architectural appurtenances, parapet walls, and mechanical equipment.

"Building height grade line" means that line required upon the elevation drawings of building plans showing the relationship of the finished lot grade to the top of foundation as it shall be constructed upon a lot.

"Cellar" means that part of a building having half or more than one-half of its height below the average grade of the adjoining ground.

"Clinic" means an establishment where patients are not lodged overnight but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.

"Club" means buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.

"Commercial storage facility" means a building, structure or portion thereof containing separate storage areas (units), of varying size, leased or rented on an individual basis, and accessible solely to the lessee or renter.

"Commission" means the planning and zoning commission of the village.

"Community development director" means the individual or designees charged with the administration and enforcement of this title.

"Court" means an open space area surrounded on more than one-half of its sides by buildings.

"Cultivation center" has the meaning set forth in Section 10 of the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/10, as may be amended.

"Density" means the number of dwelling units proposed to be developed upon the net buildable area of any lot or tract of land, expressed as dwelling units per acre.

"Developer" means the legal owner of a lot or any land included in a proposed development, or the beneficial interest holder, contract purchaser or any other person having an enforceable proprietary interest in such land.

"Development" means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land or the subdividing of land into two or more parcels. The term development shall include reconstruction, alteration of the size or material change in the exterior appearance of any structure or a change in the intensity of the use of land.

District. See "Zoning district."

Dwelling, Multiple-Family. "Multiple-family dwelling" means a building designed for three or more dwelling units.

Dwelling, Single-Unit. "Single-unit dwelling" means a building designed for one dwelling unit.

Dwelling, Two-Unit. "Two-unit dwelling" means a building consisting of two dwelling units.

"Dwelling unit" means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. The term dwelling unit does not include hotels, motels, bed and breakfast establishments, boarding, or lodging houses.

"Elevation drawing" means a fully dimensioned drawing of the front, rear, and sides of a building showing features such as windows, doors, and the building height grade line.

Farm. See "Agricultural activity."

"Fence" means a structure or barrier used as a boundary, screen, separation, means of privacy, protection or confinement, and is constructed or made of wood, plastic, metal, masonry, or other similar material.

"Fence Height" means the height of a fence or wall measured from the ground level at the lowest grade level within three feet of either side thereof.

"Finished lot grade" means level of the finished surface of the ground adjacent to any building elevation, which faces a public street.

"Floor area ratio (FAR)" means the numerical value obtained by dividing the gross floor area of a building or buildings on a single lot by the net buildable area of the lot.

"Frontage" means that portion of a lot extending along a street or right-of-way.

"Front yard line" means every front yard bounded by a street line as defined in this chapter, the side lot lines and a line known as the front yard line which shall be opposite and generally parallel to the street line and which shall run adjacent or abutting the front of the main building. The front yard line shall form one of the boundaries of the side yard.

Garage, Private. "Private garage" means a detached accessory building or portion of a main building housing the automobiles of the occupants of the premises.

Garage, Public. "Public garage" means a building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term repairing shall not include an automotive body repair shop nor the rebuilding, dismantling, or storage of wrecked or junked vehicles.

"Garage storage" means any building or premises, designed or intended for housing vehicles or which is utilized to house vehicles. In residentially-zoned districts, garage storage may also include personal lawn care equipment and materials, household supplies, tools and similar items. Nonresidential uses of a garage in a residentially-zoned district are prohibited.

"Gross acreage" means the total area in acres of a tract of land.

"Gross floor area" means the sum of the gross horizontal area of each story within a structure, measured from the exterior faces of the exterior walls or from the centerline of common walls separating attached units. The gross floor area of a building shall include the entirety of the following areas:

1.

Habitable rooms and nonhabitable areas;

2.

Elevator and mechanical shafts and stairwells;

3.

Mechanical equipment spaces unless located on the roof;

4.

Attics, where the headroom is seven feet or more;

5.

Basements;

6.

Interior balconies and mezzanines;

7.

Enclosed porches;

8.

Interior off-street parking and loading areas; and

9.

Permanent outdoor display areas.

"Gross floor area for parking requirements" means the sum of the gross horizontal floor area of each story of a building measured from the exterior faces of the exterior wall or from the interior faces of walls separating two buildings.

The gross floor area of a building used to calculate off-street parking and loading requirements includes:

1.

Basement area, including when used for other than storage, service facilities or mechanical equipment;

2.

Penthouse area, excluding mechanical spaces;

3.

Attics, where the headroom is seven feet or more;

4.

Interior balconies and mezzanines;

5.

Enclosed porches; and

6.

Floor area devoted to building storage areas;

7.

For retail or commercial food establishments, the gross floor area of a building shall only include the sales or public floor area and shall exclude kitchens, storage, public restrooms and similar spaces not accessible to the general public.

"Historic status" means buildings or structures that were constructed 50 years or more ago, or sites, any of which shall have historical significance due to design, events, or themes, by visual continuity or character, or by some other special feature that gives unique historical identity. Historic status may be designated by federal, state, or local governments and given official status and protection. Upon village board designation of historic status, a building shall be limited to museum, retail, restaurant, bed and breakfast, office, fitness or recreation, educational and similar uses, as special uses. The approved special use permit shall, at a minimum, require that the owner and successor owners declare retention of the quality and criteria which makes the building historically significant.

"Home occupation" means any occupation or profession conducted upon a residentially zoned parcel of property.

"Hotel" means a building in which loading is provided and offered to the public for compensation, and which is open to transient guests in contradistinction to a boarding house or lodging house as defined in this chapter.

"Impervious surface" means any hard-surfaced area that has a top layer of material highly resistant to infiltration by water. It includes surfaces such as conventionally surfaced streets, roofs, sidewalks, driveways, parking lots, and other similar structures of asphalt, concrete, brick or other pavement.

"Institution" means a nonprofit establishment for public use.

"Kennel" means an establishment where small animals are boarded for compensation or where dogs are bred or raised on a commercial scale.

"Landscaped area" means an area that is permanently devoted and maintained to the growing of shrubbery, grass and other plant material.

"Loading space" means a space within the main building or on the same lot for the standing, loading, or unloading of trucks, having a minimum area of 600 square feet, a minimum width of 12 feet, a minimum depth of 50 feet, and a vertical clearance of at least fourteen and a half (14.5) feet.

Loading Space, Commercial Storage. "Commercial storage loading space" means a space adjacent to the elevation or facade which contains a means of ingress or egress to the commercial storage use within the main building or structure on the same lot thereof for the purpose of standing, loading, or unloading of vehicles. Such space shall have a minimal area of three hundred sixty (360) square feet, a minimal width of 12 feet, a minimal depth of 30 feet, and a vertical clearance of no less than 14 feet and six inches.

"Lodging house" means a building or portion of a building, containing furnished or unfurnished living space where lodging, without meals, or with limited meals, is provided for compensation and for a definite period to three or more persons not of the same family but not open to the public or transients.

"Lot" means a designated parcel or tract of land established by a plat or otherwise as permitted by law, which has principal frontage upon a public street and which is under single ownership and control.

"Lot area" means the area of horizontal plane bounded by the front, side and rear lot lines.

Lot, Buildable. "Buildable lot" means a lot of record which, after improvement, shall conform with all the applicable regulations of this title.

Lot, Corner. "Corner lot" means a lot abutting upon two or more streets at their intersections.

Lot Coverage, Roofed. "Roofed lot coverage" means the percentage of a lot occupied by the principal and accessory buildings, and any other roofed surface.

Lot Coverage, Total. "Total lot coverage" means the percentage of a lot occupied by buildings, including accessory buildings and structures, driveways, sidewalks, and other impervious surfaces.

"Lot depth" means the arithmetic mean horizontal distance between the front and rear lot lines.

Lot, Double Frontage. "Double frontage lot" means a lot having a frontage on two nonintersecting roads, as distinguished from a corner lot.

Lot, Interior. "Interior lot" means a lot other than a corner lot.

"Lot line" means the property line bounding the lot.

"Lot of record" means an individual lot, which is part of a subdivision that has been recorded with the recorder of deeds of Kane County, Illinois.

"Lot width" means the width of a lot at the front yard line.

"Medical cannabis cultivation center" has the meaning set forth in Section 10 of the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/10, as may be amended.

"Medical cannabis dispensing organization" has the meaning set forth in Section 10 of the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/10, as may be amended.

"Motel," "motor court," "motor lodge," or "tourist court" means any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used or intended wholly or in part for the accommodation of automobile transients.

"Natural water course" means and includes river, creek or stream formed in the existing topography of the earth prior to any change made by unnatural causes.

"Net buildable area" means the area of a lot, or in the case of a planned unit development the total tract of land proposed to be developed, to be used for calculating the allowable density of a development. Net buildable area shall be calculated by deducting the following from the gross acreage:

1.

All public or private rights-of-way;

2.

All area at and below the freeboard elevation of a detention and/or retention stormwater basin or facility and any required buffers;

3.

Any wetlands that must be preserved; and

4.

Any natural lake or watercourse.

"Nightclub" means a place of entertainment open at night where alcoholic liquors are sold to be consumed on the premises while also providing music and space for dancing by patrons only. A nightclub shall be considered a separate use than a tavern and shall not include an adult entertainment establishment.

"Nonconforming use" means the use of land or a building, or a portion thereof, which conformed to the regulations of the zoning district at the time the use was established but which does not conform with the current regulations of the district in which it is located and which use is not otherwise prohibited by the provisions of this title.

"Nursing home" means a home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

"Official comprehensive plan" means the comprehensive plan for long-range growth and development adopted by the village board, upon which this title and other control measures are based.

"Open area" means that part of a lot on which no part of a building extends above the following elevations:

1.

Two feet above the highest curb elevation of the street or streets that bound the lot;

2.

One foot above the adjacent curb elevation for each one and one-fourth foot the building or structure is set back from the street lot line, except that no portion of the structure shall exceed 12 feet above the adjacent curb elevation. This provision shall not apply to walls or structures that do not extend more than four feet above the adjacent curb elevation.

"Outdoor display" means the displaying of goods, merchandise or products outdoors such that the items are readily available for sale at retail on the same lot and in conjunction with a permitted or special use which is otherwise operated entirely within a permanent fully enclosed building.

"Outdoor storage" means the storing or maintaining, exterior to any permanent, fully enclosed building or structure of goods, merchandise, inventory, equipment or other tangibles for any purpose other than outdoor display. The term outdoor storage shall not include semitrailers in industrial areas and vehicles currently licensed by the State of Illinois in the process of delivering or picking up goods or materials, or which are registered with the village by the occupant of the principal use or building. Goods, merchandise or products stacked on pallets and/or wrapped in packing materials such that the items are not readily available to the public for immediate retail sale shall be considered outdoor storage and not outdoor display.

"Parking space, off-street" means an open, hard, dust-free surfaced area of land, other than a street, public way, or off-street loading space that is adequate for parking an automobile with room for opening doors on both sides together with maneuvering room and properly related access to a public street or alley.

"Permitted use" means any use that is or may be lawfully established within a zoning district provided it conforms to all of the requirements for the district in which such use is allowed.

"Planned unit development (PUD)" means a unified tract of land comprehensively planned as a single development by use of a unitary site plan which permits creativity in building, usable open space, and the preservation of significant natural features, and which when developed will contain two or more buildings under control of a single person for sale or lease as separate lots or units.

"Premises" means a lot together with all the building and structures thereon.

"Principal building" means a building containing the principal use of the lot.

"Principal use" means the primary purpose or function that a premises serves or is intended to serve.

"Rear yard line" means yard line which shall be opposite and generally parallel to the rear lot line and which shall run adjacent or abutting the rear of the main building or structure. The rear yard line shall form one of the boundaries of the side yard.

"Religious institution" means a church, synagogue, temple, convent, monastery or other premises devoted to religious, spiritual or church-connected activities.

"Required yard" means the minimum yard area as required by Chapter 16.24 for maintaining front yards, rear yards and side yards. The required yards shall be the minimum yard areas to be provided between the main building and the line of the adjacent street or respective lot line. Unless otherwise specified in this title, nothing in these definitions shall, prohibit the construction of a building or additions to existing buildings in areas not designated as part of the required yard.

"Rooming house" means a building or portion of a building other than a hotel, motel, apartment hotel or residential hotel, operated as a lodging house or boarding house, in which sleeping accommodations not constituting an apartment are furnished for compensation to three or more persons not of the same family occupying the premises for a definite period as a permanent place of abode rather than on a transient basis for a short period of occupancy.

"Rowhouse" means a building containing a row of at least three attached dwelling units constructed in accordance with the requirements of the R-6 zoning district with each dwelling being separated from the adjoining dwelling in each story by fire-resistive walls and each dwelling unit having independent access to the exterior of the building in the ground floor with vehicular access to the rear of the dwelling units and without front driveways or garages.

"Salon" means an establishment providing services that include hair treatment, manicures and facials, along with other similar accessory uses as determined appropriate by the zoning administrator.

"Setback" means the closest horizontal distance between any portion of a building or structure and the property line.

"Shipping container storage unit" means a storage unit originally or specifically designed to store goods or merchandise during shipping or hauling by container ships, rail, semi-trucks, or other types of transportation which is used to store goods or merchandise.

"Shopping center" means a building or premises normally used only for the retail sale of merchandise, services, general and professional offices, recreational, except outdoor theaters, parking areas and other facilities ordinarily accepted as shopping center uses.

"Shopping center administration and maintenance facility" means a facility used for the storage and repair of maintenance equipment and the administration of maintenance work for a large commercial shopping center, which shopping center shall include a commercial building of at least fifty thousand (50,000) square feet and contiguous parcels of land totaling at least20 acres under the same ownership. Any shopping center administration and maintenance facility shall be located on the same property as the commercial shopping center for which the maintenance work is performed, or on a property located within 500 feet of the commercial shopping center and under the same ownership as the shopping center. Shopping center administration and maintenance facility activities may only be performed for the shopping center to which the facility is accessory, and shall be limited to the following activities:

1.

Storage of: building supplies, property maintenance supplies, hand and power tools, vehicles, snow removal equipment, skid-steer loaders and attachments, landscaping equipment, fork lifts, dollies, backhoes, tractors, lawn mowers, files/records, blue prints, drawings, fuel within a fireproof cabinet, appliances, traffic control devices and signage, roofing supplies, HVAC supplies, electrical supplies, plumbing supplies, and other items similar to the above items, as determined appropriate by the zoning administrator;

2.

Repair, washing and manufacturing of: the equipment, vehicles and tractors noted above, building components, signage and parking lot apparatus, mechanical equipment, and carpentry work; and,

3.

The administration of maintenance work through the use of a property management office, a workshop, and meeting areas for shopping center maintenance employees and crews.

"Sign" means an identification, description, illustration or device upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business.

"Solar panel" means a panel containing solar cells or heat-absorbing plates that collect and store sunlight and/or convert sunlight into heat or electricity.

"Special use" means a use that has operational, physical or other characteristics that are different from those of the predominant permitted uses in a zoning district, but which may be compatible with the intended overall development of a district provided that specified standards are met and additional development measures are taken to ensure that such use has no detrimental impact upon surrounding properties or the village as a whole.

"Specified anatomical areas" means:

1.

Exposed or less than completely and opaquely covered human genitals, pubic region or anus, or the areola of the female breast except this shall not include the areola during the nursing of a child; or

2.

Human male genitals in a discernible state of sexual stimulation or arousal, even if completely and opaquely covered.

"Specified sexual activities" means the display of human genitalia in a state of sexual arousal or stimulation, acts of human sexual intercourse, masturbation, sodomy, or the fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast.

"Standard shrub" means any bush or small evergreen tree occupying a space of at least18 cubic feet.

"Standard tree" means a tree with a minimum caliper of two and one-half inches, ten to 12 feet high, of a deciduous hardwood variety normally capable of attaining a 25 inch diameter when the tree is20 years old.

"Story" means that part of a building between any floor and the floor next above, or if there is no floor above, then the ceiling next above it. A basement shall be considered a story if more than one-half of its height is above the finished lot grade.

"Street" means a public way that affords the principal means of access to abutting property.

"Street centerline" means a line halfway between the street lines.

"Street line" means a dividing line between a lot and a contiguous street right-of-way.

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

"Structure" means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs.

Structure, Height of. "Height of structure" means the vertical distance from the average grade at the front of the structure to the highest point of said structure.

"Sun reflection" means the return of light that has struck any portion of an ASES (as defined in this section), also referred to as glare.

"Tavern" means a building where alcoholic liquors are sold to be consumed on the premises.

"Temporary portable storage unit" means a box-like container without permanently attached wheels which is transported by truck to and from desired locations and is used primarily for storage, commonly known as PODS (portable on-demand storage). Freight, overseas, or cargo containers shall not be considered temporary portable storage units.

"Townhouse" means a multiple-family dwelling consisting of at least three adjoining dwelling units one or more stories in height, of which each unit is totally separated from the other by one or more fire-resistive walls without openings extending from ground to roof; and with each dwelling unit having two separate entrances at grade level.

"Village board" means the Village Board of Carpentersville, Illinois.

"Yard" means an open space, unoccupied and unobstructed by any portion of a building or structure erected on the lot from the ground upward, except as otherwise provided in this title.

Yard Depth and Width. In measuring a yard for the purpose of determining the width of a side yard, the depth of the front yard, or the depth of the rear yard, the horizontal distances between the lot line and the nearest point of the building or structure shall be used.

Yard, Front. "Front yard" means a yard extending across the full width of the lot between the street line and the main building or structure erected on the lot, excluding steps, unenclosed balconies and unenclosed porches.

Yard, Front, Secondary. "Secondary front yard" means a yard on a corner lot, which yard is adjacent to a facade of the main building or structure erected on the lot, which facade is neither the front nor the primary facade of said building or structure; which yard extends across the length of the lot from the front yard line to the side lot line situated at the end of the lot opposite the front yard; and which yard is between said main building or structure and the front lot line (street line).

Yard, Rear. "Rear yard" means a yard extending across the full width of the lot between the rear lot line and the main building or structure erected on the lot, excluding steps, unenclosed balconies and unenclosed porches.

Yard, Side. "Side yard" means a yard between the main building or structure erected on the lot and the side lot line of the lot, and extending from the front yard line to the rear yard line. On double frontage lots, the residue of the yard that is not part of the front yard shall be the side yard.

"Zoning district" means the districts into which the Village of Carpentersville has been divided for the purposes of land usage as set forth upon the official map of the Village of Carpentersville.

(Ord. 07-31 § 2 (part), 2007)

(Ord. No. 09-14, § 1, 4-7-2009; Ord. No. 09-57, §§ 1, 2, 11-3-2009; Ord. No. 10-19, § 1, 4-6-2010; Ord. No. 10-44, § 1, 11-2-2010; Ord. No. 11-32, §§ 2, 3, 7-5-2011; Ord. No. 13-02, § 2, 1-15-2013; Ord. No. 14-25, § 2, 6-17-2014; Ord. No. 15-03, § 2, 1-6-2015; Ord. No. 19-35, § 1, 11-19-2019; Ord. No. 23-19, § 2, 5-2-2023; Ord. No. 24-06, § 1, 2-13-2024; Ord. No. 24-07, § 1, 2-13-2024; Ord. No. 25-05, § 2, 1-21-2025)