Where a word or term used in this title is not defined in this section but is defined in the subdivision regulations of the Village, the meaning of said word or term is as set out in that ordinance. Some of the words or terms used in this title are defined as follows:

Access means a way or means of approach to provide vehicular or pedestrian physical entrance to and exist from the property.

Accessory use, structure, or building means a subordinate use, structure or building, the use of which is customarily incidental to that of a principal use, structure, or building on the same parcel.

Acre means an area of land which is forty-three thousand five hundred sixty (43,560) square feet.

Acute care center means an institution providing health care services and medical or surgical care to persons suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions on an emergency basis.

Addition (to an existing building) means an increase in the building area, aggregate floor area, height, or number of stories of a structure.

Adjacent lot means a lot or parcel that shares all or part of a common lot line with another lot or parcel of land.

Adult booth means any area of an adult entertainment establishment set off from the remainder of such establishment by one (1) or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

Adult cabaret means any commercial establishment that derives a significant portion of its business from live performances or video images (photos, movies, computer images, and the like) that are characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct of specified sexual activities. "Specified anatomical areas" and "specified sexual activities" are terms of art that are defined in this section.

Adult entertainment establishment means an adult cabaret, adult store, adult theater as defined in this section.

Adult material means any printed, visually displayed, or digitally stored material, ready or available for printing or visual display, that is characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct of specified sexual activities; any instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

Adult store means any commercial establishment that derives a significant portion of its business receipts from the sale, rental, viewing of adult materials, or one that contains adult booths.

Adult theater means any commercial establishment that as a significant portion of its business provides printed, visually displayed, or digitally stored material, ready or available for printing or visual display, that is characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct of specified sexual activities.

Adverse impact means a substantial negative impact related to health, safety or public welfare on nearby infrastructure, adjacent properties, the neighborhood, or general public.

Affordable means a sales price or rent within the means of a low or moderate-income family as defined by State or Federal legislation.

Agriculture means the production, keeping, or maintenance, for sale, lease, or personal use, of plant and animals useful to man.

Aisle. See Parking area aisles.

Alley means a public or private right-of-way not built to the street standards set out in the subdivision regulations and which is intended to afford primary access to properties abutting an arterial or collector or which is intended to provide secondary access to any properties.

Alteration means a modification to a building in the nature of a renovation which does not amount to an addition to the gross floor area.

Alteration. See Addition.

Animal hospital means any building designed or used for the care, observation, or treatment of household domestic or farm animals.

Animated sign means any sign or part of a sign that changes physical or visual position by any movement or rotation.

Application means an application or petition for a permit, variation or zoning text or map amendment filed under this title.

Architecturally integrated subdivision means a residential subdivision in which approval is obtained not only for the division of land into lots but also for a configuration of principal buildings to be located on such lots. This device is intended to provide increased flexibility in design, enhance recreational uses in a development and protect sensitive environmental features.

Assisted living facility means an institution which provides sheltered care for mostly elderly persons who do not require constant care but often need assistance with one (1) or more aspects of personal care, such as eating, bathing, dressing, laundry, housekeeping. Medical care is not extensive and is generally limited to assistance with medications and counseling, but for a small percentage of residents may include more substantial medical supervision. Among the more serious diseases or conditions it is intended to handle are respite care, interim medical care after a hospital stay, Alzheimer's and Parkinson's diseases, and hospice care. An assisted living facility attempts to bridge the gap between independent living and nursing home.

Attached garage means a garage that shares at least part of a common wall with a residential dwelling unit.

Automobile repair means an establishment substantially engaged in the repair of motor vehicle for the general public.

Automobile service station means any building or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and minor repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.

Automobile wrecking yard means an establishment that cuts up, compresses, or otherwise disposes of motor vehicles.

Awning means any non-rigid material, such as fabric or flexible plastic that extends from the exterior wall of a building and is supported by or attached to a frame.

Banner sign means any sign made of cloth, fabric, paper, non-rigid plastic, or similar types of material. National flags, State flags, City flags and symbolic flags of an institution shall not be considered banners for the purpose of this title.

Base flood elevation means the highest height, expressed in feet above sea level, of the level of floodwaters occurring at the regulatory base flood.

Bed and breakfast means a building wherein lodging, involving less than seven (7) bedrooms, and some meals are provided to the traveling public and where the owner or a manager also resides; also known as an inn.

Billboard sign. See Off-premises sign.

Block means a tract of land bounded by streets or by a combination of one (1) or more streets and parks, cemeteries, shorelines of waterways, corporate limit lines, or other lines of demarcation.

Boardinghouse. See Roominghouse.

Board of Trustees means the President and Board of Trustees of the Village of Cary.

Box sign means a sign that is self-enclosed in a typically square or rectangular structure with or without internal lighting.

Buildable area means the area of the lot remaining after the minimum yard and open space requirements of this title have been met.

Building means a structure having a roof supported by columns or walls and designed to be used as a place of occupancy, storage, or shelter. The term "building" shall be construed as if followed by the words "or parts thereof." When any portion is completely separated from another portion by a fire wall, then such portion shall be deemed a separate building.

Building, accessory, means a building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use.

Building frontage means the linear length of a building facing the right-of-way.

Building, height of, means the vertical distance from the mean elevation of the finished grade along the front of the building to the top of the highest roof beams of a flat or shed roof, or to the beams of a mansard roof, or to the mean distance between the eaves and the ridge level for gable, hip, or gambrel roofs.

Building, principal, means the primary building on a lot or a building that houses or is designed to house the primary use.

Building set back line means a line within a lot or other parcel of land so designated on the final plat, which denotes the area between such line and the adjacent street right-of-way line where an enclosed building and other obstructions are prohibited, except those obstructions that are permitted by zoning ordinance regulations.

Bulk regulations means standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including coverage, setbacks, height, yard requirements, and the like. These standards are referred to in this title as dimensional standards or supplemental standards. Dimensional standards are bulk regulations linked to the district in which the use is located. Supplemental standards are bulk regulations linked to the use wherever it is located.

Business means an occupation, employment or enterprise which occupies time, attention, labor, or materials; or wherein merchandise is exhibited or sold, or where services are offered.

Business districts means the B1, B2, B3, and B3R zoning districts.

Canopy means a structure, other than an awning, made of cloth, metal, or other material with frames attached to a building and carried by a frame supported by the ground or sidewalks.

Campground means any plot of ground upon which two (2) or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreational or educational purposes.

Carport means a roofed automobile shelter with two (2) or more open sides.

Cemetery means property used for the interring of the dead.

Change of use means a use that is substantially different from the previous use of a building, structure, or land. The table of uses is broken into approximately forty (40) categories or groups. A change of use within the same general category or group is not presumed to amount to a substantial change; whereas, a change from one group to another is. A change of use to a drive-in use or from a use that would require a zoning permit to one which would require a conditional use permit, even though within the same category or group, shall be regarded as a substantial change.

Changeable copy means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged manually without altering the face or surface of the sign.

Child care facility means a building or premises regularly used for recreational or supervisory care of six (6) or more children unrelated to the operator, but not including foster homes.

Church means a building or structure, or group of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

Club or lodge means a group of people organized for a common purpose to pursue common goals, interests, or activities other than commercial or recreational ones (e.g., tennis club), and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws. Where a club or lodge engages in an activity on the premises that is more than occasional, such as operating a restaurant, tavern, dance hall, then that activity shall be treated also as a principal use under this title.

Cluster development means a development design technique that concentrates buildings on a part of the site to allow the remaining land to be used for common open space. In single-family residential developments, cluster usually involves the reduction in individual lot sizes and the placing of any land saved in common open space. This device is intended to enhance recreational uses in a development and protect sensitive environmental features.

Commercial establishment means any places where admission, performances, or products are provided for or upon payment.

Community center means a use consisting of a group of two (2) or more entertainment and amusement uses, other than adult entertainment uses and shooting ranges.

Comprehensive plan means the "Village of Cary Comprehensive Plan," adopted by the Village of Cary on January 20, 2015, as amended from time to time.

Conditional use means a use permitted in a particular zoning district upon the issuance of a permit by the Village Board of Trustees following an opportunity for consideration, and usually a recommendation to approve, approve with conditions or deny, made by the Plan Commission.

Conditional use permit means the permit issued by the Village Board of Trustees allowing a conditional use.

Condominium means a building, or group of buildings, in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis. A condominium is method of ownership, rather than a use of the land.

Contiguous means next to, abutting or touching and having a boundary, or portion thereof, that is coterminous. See Adjacent.

Copy means the wording and numbering on a sign.

Cost-benefit analysis means an analytic method whereby the primary and secondary costs of a proposed project are measured against the benefits to be received from the project.

Court means any open space, unobstructed from the ground to the sky, that is bounded on two (2) or more sides by the walls of a building that is on the same lot.

Coverage. See Lot coverage.

Cul-de-sac means a minor street with a single outlet.

Decibel means a unit of measurement of the intensity of sound.

Dedication means the transfer of property by the owner to a public entity or, with the Village's consent, a homeowner's association.

Deed restriction. See Restrictive covenant.

Density, gross, means the density in terms of dwelling units or thousands of gross floor area per acre that is based on the entire area within a tract or parcel of land. It excludes nothing.

Density, net, means the density in terms of dwelling units or thousands of square feet of gross floor area per acre that is based on an adjusted area within a tract or parcel of land. The adjusted area is the gross areas less areas that are set aside for streets, detention dry ponds, wetlands, and floodways.

Detached garage means a garage that is other than an attached garage.

Developer means any person, firm, or corporation who owns or has an interest in land, and causes it, directly or indirectly, to be developed; also, the person who is responsible for any undertaking that requires a zoning permit, a conditional use permit, variance, or any other permit issued under this title.

Development means that which is done pursuant to a zoning permit, conditional use permit, variance or any other permit issued under this title, including the construction, erection, repair, alteration, or addition to any structure, in whole or in part, or the occupancy or change in occupancy of any land or structure, in whole or in part.

Digested sludge means the biologically stabilized product resulting from the aerobic or heated anaerobic digestion of solids generated in wastewater treatment processes.

Dimensional standards. See Bulk regulations.

Directional sign means (1) any sign erected or permitted by the State, County, or Village to denote the name of any thoroughfare, the route to any city, town, Village, educational institution, public building, historic place, or recreational facility to direct and regulate traffic, to denote any railroad crossing, bridge, or other transportation or transmission company for the direction or safety of the public. (2) A sign which has only information on exit, entrance or parking and contains no form of advertising copy or the name of any advertiser.

District means a part, zone, or geographic area within the Village within which certain zoning or development regulations apply.

Domiciliary home means any facility which provides residential care for persons whose principal need is a home which provides supervision and personal care appropriate to their age or disability. Medical care at a domiciliary home is only occasional or incidental but medication is administered by designated staff of the facility. Personal care includes direct assistance by designated staff to residents in personal grooming, bathing, dressing, feeding, shopping, laundering clothes, handling personal finances, arranging transportation, scheduling appointments, and otherwise attending to personal needs that the residents may be incapable or unable to attend themselves. Domiciliary homes include group care facilities, such as family care homes and child care facilities, halfway houses, and assisted living facilities. It does not include nursing homes or institutional care for children, the mentally ill or the elderly. Domiciliary homes are distinguished from institutions by the degree of needed care. Some domiciliary homes are allowed in single-family residential districts, in which case they are limited substantially in size to the number of residents that can be served. (See Family care home.) Group care facilities serving up to fifteen (15) residents with their dependents are allowed in some single-family residential districts with a conditional use permit, and in some nonresidential districts. Assisted living facilities are not limited in the number of residents that can be served and are allowed in some of the same districts as group care facilities but with a conditional use permit.

Drainage means surface water runoff.

Drainage area means that area in which all the surface runoff resulting from precipitation is concentrated into a particular watercourse.

Drive-in use means an establishment that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.

Driveway means that portion of the vehicle accommodation area that consists of a travel lane.

Driveway width means the narrowest width of the driveway measured perpendicular to the driveway.

Duplex. See Dwelling, two (2) family residential.

Dwelling means a building designed for, or used by, one (1) or more families for residential purposes.

Dwelling, attached single-family residential, means a building or portion thereof used or designed for three (3) or more families living independently of each other but where the units, or the units and land under the units, and in some instances, around one (1), two (2), or three (3) sides of the units, are owned by individual property owners rather than one (1) common owner. These units are commonly referred to as townhouses and condominiums.

Dwelling, detached single-family residential, means a detached building designed for or occupied exclusively by one (1) family. A mobile home or trailer is not included in this definition, regardless of the degree of permanence of its attachment to the land.

Dwelling, multifamily residential, means a building or portion thereof used or designed as a residence for three (3) or more families living independently of each other. These units are commonly referred to as apartments. The term does not include motels, hotels, group homes or care facilities.

Dwelling, two (2) family residential, means a building designed for or occupied exclusively by two (2) families living independently of each other; also known as a duplex.

Dwelling unit means one (1) or more rooms designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Easement means a grant of one (1) or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.

Egress means an exit.

Electric distribution center means a terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.

Electric substation means 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.

Electronic message sign means a series of individual light bulbs, when programmed and lit, form letters, words, phrases, numbers or pictures that compose an advertising, announcement, or other type of message. The message itself can be changed from a remote terminal without otherwise altering or changing the face of the sign.

Elevated building means a non-basement building built to have the lowest floor elevated above the ground level means of fill, solid foundation, perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls.

Emergency services means those services which serve critical needs of the general public related to health and safety, and which need to be centrally located or dispersed throughout the Village so that they can respond quickly and effectively to requests to protect or save property and life. These services include police, fire, rescue squad and ambulance.

Established grade means the elevation of the street grade as fixed by the Village.

Establishment means an economic unit, generally at a single physical location, where business is conducted, or services or industrial operations performed.

Existing use means the use of a lot or structure at the time when an application for a permit is made or should have been made in order to comply with this title.

Facade means the exterior walls of a building exposed to public view. The front facade is the facade that faces the public street along the front lot line.

Family means one (1) or more persons occupying a premises and living as a single housekeeping unit, and meeting one (1) of the criteria set out below, as distinguished from the group occupying a boarding house, lodging house, or hotel. The unit shall be composed of:

1.

One (1) or more persons, all of whom are related by blood, marriage, or adoption;

2.

Two (2) persons not related by blood, marriage, or adoption, together with their children, including foster children; or

3.

Not more than four (4) adult persons.

Family care home means a home with support and supervisory personnel that provides room and board, personal care, and rehabilitation services in a family environment for not more than six (6) resident handicapped persons.

Final plat means the diagrams, drawings, and other writing containing all the descriptions, locations, dedications, provisions, and information concerning a land division.

Flashing sign means any sign, other than a time and temperature display, that uses any type of flashing, intermittent, running or other type of light creating the illusion of movement.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters, and the unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard area means the floodplain consisting of the floodway and flood fringe area.

Flood hazard boundary map (FHBM) means the official map issued by the Federal Emergency Management Agency.

Flood insurance rate map (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the Village.

Floodplain means any land area susceptible to being inundated by water from the base flood. As used in this title, the term refers to that area designated as subject to flooding from the base flood on the flood boundary and floodway map prepared by the U.S. Department of Housing and Urban Development.

Floodway means the channel of a river, or other watercourse, and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term "floor" does not include the floor of a garage used solely for parking vehicles.

Floor area, gross, means the total number of square feet within the outside walls of a building devoted to any and all uses, including the space occupied by such supporting facilities as storage sheds, work areas, toilets, mechanical equipment and the like. To determine the gross floor area of a building with three (3) floors, add the floor area on each floor together.

Floor area, ground, means that portion of the gross floor area of a building which lies on the first floor, excluding open porches and garages. Ground floor area does not include areas in an accessory structure, basement, or attic. Some uses, particularly apartments or condominiums units without direct access to the ground determine their ground floor area constructively.

Floor area, net, means the gross floor area less areas in non-leasable space, such as rest rooms, mechanical equipment areas, elevator shafts, or stairwells.

Frontage means the side of a lot abutting a street along the front lot line.

Frontage road means a minor street which is parallel to and either adjacent to or within the right-of-way of a thoroughfare.

Funeral home means a building used for the preparation of the deceased for burial and the display of the deceased and rituals connected thereto before burial or cremation.

Garage means any structure that is designed for the use of parking motor vehicles.

Grade means the average elevation of the land around a building. Natural grade is the elevation of the ground level in its natural state, before construction, filling, or excavation. Finished grade is the final elevation of the ground level after development.

Grading means any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut, or filled condition, to create new grades.

Group care facility means a boarding home for the sheltered care of persons with special needs, which, in addition to food and shelter, may include some combination of personal care, social or counseling services and transportation. A group care facility differs from an institution in that the former is limited in size to fewer than fifteen (15) persons with special needs and their dependents.

Guarantees means cash, letters of credit, performance guarantee bonds, or similar financial instruments deposited with the Village to assure that required improvements will be constructed or installed.

Habitable floor means a floor in a building intended for or in residential use and which includes one (1) or more rooms or parts thereof used for or intended for use for cooking, eating, sleeping, sitting, or living, but excluding a basement recreation room.

Half-story, in a single-family detached residential building, commonly known as a split level or raised ranch, means the habitable part of the building which is located below grade. In a single-family attached residential building or multifamily residential building, it is that part commonly known as the English basement or "look-out" basement.

Half street means a street of less than the total required width along one (1) or more property lines of a subdivision.

Halfway house means a home for not more than six (6) persons who have demonstrated a tendency towards alcoholism, drug abuse, mental illness, antisocial or criminal conduct, together with at least one (1) but not more than two (2) persons providing supervision to such persons, all of whom live together as a single housekeeping unit.

Handicapped person means a person with a temporary or permanent physical, emotional, or mental disability, including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to themselves or others.

Hazardous means any hazardous material, substance, or waste as defined in 40 CFR 261 following, 411 CFR 171.8 and 411 CFR 172.101. In a broad sense, this includes any substance or mixture having properties capable of producing adverse effects on the health, safety, or environment of a human being.

Health care facility means a facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions.

Heliport means an area of land, water or structural surface for discharge or pickup of passengers or cargo from or by helicopters, plus accessory buildings and uses.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction, next to the proposed walls of the structure.

Home for the aged and disabled means a domiciliary home which has seven (7) or more residents, and which provides care for the aged or disabled.

Home occupation means a qualifying commercial activity that is conducted by a person on the same lot as where the person resides and is so insubstantial or incidental or commonly associated with the residential uses as to be regarded as an accessory use.

Homeowner's association means a community association, other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities; also known as a "property owner's association."

Hospital means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.

Hotel or motel means any building or group of buildings offering lodging accommodations containing seven (7) or more rental units for transient guests, and providing additional services, such as restaurants, meeting rooms and entertainment. A hotel may be distinguished from a motel in that in the former access to the rooms is through a central lobby and corridors within the building; whereas in the latter access is directly from the outside.

Household domestic animal means an animal which is commonly housed in a residential dwelling unit.

Illegal sign means any sign that was erected in violation of this title or any previous sign ordinance.

Illuminated sign means any sign which has characters, letters, figures, or outlines illuminated by electric lights, luminous tubes or any other means of internal or external illumination.

Impervious surface means any material that prevents absorption of stormwater into the ground.

Improvement means any permanent structure that becomes part of, placed upon, or is affixed to real estate.

Incidental means subordinate and minor in significance and bearing a reasonable relationship with the primary use.

Individually affixed letters mean a sign comprising of individual letters that are independently mounted to a wall or surface. The 'air space' between the letters is not part of the sign structure but rather of the building façade.

Inflatable promotional device means any inflatable shape or figure designed or used to attract attention to a business, event or location. Inflatable promotional devices shall be considered to be temporary signs under the terms of this title and subject to the regulations thereof where applicable.

Infrastructure means facilities and services needed to sustain development, including, but not limited to, streets, curb and gutter, water and sewer lines, water, and wastewater treatment plants.

Ingress means access or entry.

Institutional use means a nonprofit, religious, or public use, such as a church, library, public or private school, hospital, or government owned, or operated building, structure, or land used for public purpose.

Intensity of use. See Density, gross, and Density, net.

Junkyard means any land or structure, or part thereof, other than recycling facility, used for the storage, collection, processing, purchase, sale, salvage, or disposal of junk. The term "junk" means any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition. The term "junk" includes unregistered, inoperable vehicles or equipment or appliances and their parts. It also includes piles of paper, rags, metal, building materials, wood, and brush; any yard or portion thereof, and any accessory structure used for the storage of junk.

Kennel means any premises or portion thereof on which either more than three (3) dogs, cats, or other household domestic animals more than one (1) year of age are kept, or on which more than two (2) such animals are maintained, boarded, bred, or cared for, in return for remuneration or for purpose of sale.

Land improvements means any sanitary sewerage system, stormwater drainage system, water supply and distribution systems, roadway, side-strip, sidewalk, pedestrian way, no-access strip, off-street parking area, and any other improvement which the Village may require under this title.

Landscape plan means a component of a site plan on which is shown landscaping required to meet the requirements of this title.

Launderette means a laundry intended to serve neighborhood demand, including self-service laundries, and limited in space to not more than two thousand (2,000) square feet and in number of persons employed at one (1) time to not more than four (4).

Laundries means a laundry other than a launderette.

Levee means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee system means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Live entertainment means a type of amusement involving a performance by one (1) or more individuals to an audience of more than a couple persons. The entertainment is typically for a fee which may be encompassed in a service charge. The performance typically includes one (1) of the performing arts, such as theater, music, or dance.

Loading and unloading area means that portion of the vehicle accommodation area used to satisfy the requirements the provisions of this Chapter Four of this title.

Loading and unloading space means a space suitable for loading and unloading.

Lodging house. See Roominghouse.

Lot means a tract, plot, or portion of a subdivision, or any other parcel of land intended as a unit for the purpose, whether immediate or future, for transfer of ownership or for building development, or for both.

Lot area means the minimum area in square feet which a lot is required to have.

Lot, butt means a portion of a subdivision or other parcel of land intended for transfer of ownership or for building development.

Lot, corner, means a lot or parcel of land abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.

Lot coverage means the part or percent of the lot occupied by impervious surfaces, including buildings and structures, and vehicle accommodation areas.

Lot, double frontage, means a lot having a pair of opposite lot lines along two (2) nearly parallel streets, and which is not a corner lot. Except where access to one (1) of the streets is specifically prohibited by deed restriction or plat, both street lines shall be deemed front lot lines; also known as a through lot.

Lot, front of, means that side of the lot which fronts on a street. In the case of a corner lot, the permit issuing authority shall determine which side fronting on a street is the front. In making that determination, the authority shall consider the relative frontage that the lot has on each street, the nature of existing development on each street, and the proposed or existing orientation of the structures as shown on the site plan. In general, the frontage for residential development should be considered to be that of the street with the lowest street classification (e.g., local is lower than collector). The frontage for nonresidential development should be just the opposite.

Lot lines means the lines bounding a lot as herein defined. The front lot line is the boundary of a lot which abuts the street right-of-way. The rear lot line is the lot line that is most distant from the front lot line, and in the case of an irregularly shaped lot is a line ten (10) feet in length within the lot, parallel to and at a maximum distance from the front lot line. The side lot line is any other lot line.

Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the McHenry County Recorder's office prior to the adoption of the ordinance codified in this title, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of the ordinance codified in this title.

Lot, reverse frontage, means a double frontage lot which is legally restricted from having access to one (1) of the streets it fronts.

Lot, substandard, means a parcel of land that has less than the minimum area or dimensions required in the district in which it is located.

Lot width means the minimum horizontal distance, measured in feet, between side lot lines of a lot measured at front setback line.

Major public utility facilities means utility facilities intended to serve more than neighborhood demands including transformer stations, high voltage transmission lines and transmission line structures, and transmitting or relay stations.

Manufacturing district means the M district.

Manufacturing establishment means any establishment engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials.

Manufacturing, heavy. Means any land use classification consisting of, but not limited to, large manufacturing operations, heavy equipment facilities, construction and maintenance yards, businesses which store, process or distribute fuel in containers (i.e. propane) and other basic intensive industrial activities that typically impose significant impacts on adjacent uses (i.e. noise, light, air, water, waste treatment and traffic generation).

Manufacturing, light. Means and land use classification consisting of, but not limited to, light manufacturing, fabricating, processing, wholesale distributing, and warehousing uses appropriately located for access by highways. These uses are typically less intensive in nature than heavy industrial uses and pose only minor impacts on adjacent uses (i.e. noise, light, air, water, waste treatment and traffic generation).

Manufactured homes means any mobile home, trailer, or similar transportable structure designed or intended for occupancy as a dwelling unit.

Marquee sign means any permanent roofed structure projecting over public property or right-of-way, attached to and supported by a building.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations with the floodplain. For purposes of this title, the term is synonymous with National Geodetic Vertical Datum (NGVD).

Meeting facilities means a use consisting of part or all of a building or structure in which a room or group of rooms is designed or regularly used to accommodate meetings, gatherings, banquets, or entertainment events, including dancing. Most meetings facilities are accessory uses to other uses; however, some meeting facilities are the primary use, or they may be such a large part of an establishment that they should be treated as a primary use.

Mobile home means any structure that:

1.

Consists of a single unit primarily assembled at the factory, or of two (2) (double-wide) or three (3) (triple-wide) principal components primarily assembled at the factory and joined together at the site;

2.

Is designed so that the total structure, or most of the components thereof, can be transported on its own chassis;

3.

Is over forty (40) feet in length and over eight (8) feet in width;

4.

Is designed so that it could be used as a dwelling; and

5.

Is not constructed in accordance with standards set forth in the building code.

Minor residential street means a street of limited continuity. Its primary purpose is to serve abutting properties.

Mobile home park means any premises used or intended to be used or occupied by two (2) or more mobile homes for a period of fourteen (14) days or more, whether on wheels or anchored in place, or supported by a foundation or other stationary supports, together with automobile parking space, utility structures, or other required facilities incidental thereon. This definition shall not include mobile home sales lots on which only unoccupied mobile homes are parked for purposes of inspection or sales.

Mobile home space means a parcel of land in a mobile home park occupied or intended to be occupied by one (1) mobile home, and for the exclusive use of the occupants of said mobile home.

Monument sign means a freestanding sign that is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other free standing signs types not meeting the definition of a monument sign shall either be a pole sign or a pylon sign.

National Geodetic Vertical Datum (NGVD) means a vertical control, as corrected in 111211, used as a reference for establishing varying elevations within the floodplain. See Mean sea level.

Natural resources inventory (NRI) means a survey of existing natural elements relating to land, water, plant, and animal life of an area.

Neighborhood means an area of a community with characteristics that distinguish it from other areas and that may include distinct social or economic characteristics, housing types, schools, or boundaries defined by physical barriers (major roads) or natural features (rivers).

New construction means structures for which the start of construction commenced on or after the effective date of the respective applicable portion of this title.

Night club, tavern or lounge means an establishment where either the gross receipts from alcoholic beverages exceed the gross receipts from nonalcoholic beverages and food, or where food or beverages are served, and live entertainment is presented.

Nonconforming lot means a lot existing after the effective date of the respective applicable portion of this title that does not meet the minimum area, lot width or other dimensional requirement of the district in which the lot is located.

Nonconforming project means any structure, development, or undertaking that is substantially incomplete at the effective date of the respective applicable portion of this title and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.

Nonconforming situation means a situation that occurs when, on the effective date of the respective applicable portion of this title, an existing lot or structure or use of an existing lot or structure does not conform to one (1) or more of the applicable regulations for the district in which the lot or structure is located.

Nonconforming use means a nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located.

Nonresidential districts means all districts other than residential districts.

No-access strip means a land area at least twelve (12) feet wide along the rear lot line of a double-frontage lot and abutting a thoroughfare within which no vehicular driveways shall be permitted.

Nude or state of nudity means a state of undress that exposes to view less than opaquely covered human genitals, pubic region, anus, or areolae of a female breast.

Nursing home means a facility maintained for the purpose of providing nursing or convalescent care for three (3) or more persons unrelated to the licensee. A nursing home is a home for chronic or convalescent patients who, on admission, are not as a rule, acutely ill and who do not usually require special facilities such as an operating room, X-ray facilities, laboratory facilities, and obstetrical facilities.

Odor threshold means the minimum concentration of odorous material in the air that can be detected as an odor.

Office means a room or group of rooms used for conducting the affairs of a business, profession, service, industry or government and generally furnished with desks, tables, files and communication equipment.

Offsite means located outside the lot lines of the property which is the subject of the development related application.

Off-street parking space means a temporary storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way.

Off-leash dog play area means a designated outdoor area that is intended for the exercising and/or containment of off-leash domesticated dogs.

Off premises sign means a sign that constitutes a principal, separate, or secondary use, as opposed to an accessory use, of the parcel on which it is located.

Open sales lot means land used for or occupied for the purpose of buying, selling or renting merchandise stored or displayed out-of-doors prior to sale. Such merchandise includes automobiles, trucks, motorcycles, and boats.

Open space means any parcel or area of land or water, essentially unimproved and set aside, dedicated, or reserved for public or quasi-public use or enjoyment. Open space is distinguished from usable open space in that the latter does not include areas that are unsuitable or undevelopable for recreational uses or structures, including, but not limited to, regulatory wetlands, floodways, lakes and ponds, and wastewater land treatment areas.

Ordinance, this. "This ordinance" or "the ordinance codified in this title" or "this title" means the 2018 Cary Zoning Ordinance.

Outdoor storage means the keeping, in an unenclosed area, of any goods, junk, material, merchandise, or vehicles, other than recreational vehicles, playground equipment, landscape decorations, or the like, in the same place for more than seventy-two (72) consecutive hours.

Owner means any person, firm, association, partnership, private corporate, public, or quasi-public corporation, or a combination of any of them, or other legal entity having sufficient proprietary interest in the land sought to be subdivided or divided to commence and maintain proceedings under the provisions of this title.

Parcel means a lot.

Park means a tract of land designated and used by the public for active and passive recreation. An active park or recreation facility is one typified by active park or recreation facilities; a passive park by passive facilities. Active recreation facilities include swimming pools, tennis and basketball courts, and playgrounds. Passive recreation facilities include picnic areas, walking trails and informal play areas.

Parking area aisles means that portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

Parking, shared, means joint use of a parking area for more than one (1) use.

Parking space or stall means that portion of the vehicle accommodation area set aside for the parking of one (1) vehicle.

Particulate matter means finely divided solid or liquid matter, other than water, which is released into the atmosphere.

Pedestrian ways means a right-of-way across or within a block designated for pedestrian use.

Performance standard means a criteria established to control smoke and particulate matter, noise, odor, toxic or noxious matter, vibration, fire, and other hazards resulting from the use of the land and structures thereon.

Permit issuing authority means the person or board responsible for issuing the permit authorizing development and/or use under this title, namely the Director of Community Development in the case of the zoning permit, the Zoning Board of Appeals in the case of an appeal from the zoning administrator's decision, and the Village Board of Trustees in the case of a conditional use permit or variation.

Permit issuing authority means the person or Board responsible for issuing the permit authorizing development and/or use under this title, namely the Director of Community Development in the case of the zoning permit, the Zoning Board of Appeals in the case of an appeal from Director of Community Development's decision, and the Village Board of Trustees in the case of a conditional use permit or variation.

Permitted use means any use allowed in a zoning district subject to the restrictions applicable to that zoning district, including such restrictions as may be applicable to any use in the entire jurisdiction, or that particular use wherever it might locate. Permitted uses include uses that can be issued with a zoning permit and a conditional use permit.

Pet grooming means an establishment where domestic animals may have their bodies washed, their fur trimmed and brushed, nails clipped and the like. Services do not include overnight boarding, or care rendered by a veterinarian.

Plan Commission means the Village of Cary Plan Commission.

Planned development means an area of land within the Village or within 1.5 miles of the corporate limits of the Village, under a unified ownership or control, to be developed as a single entity for a number of residential dwelling units or commercial units or industrial units, if any, the plan for which does not correspond in lot size, bulk or type of residential dwelling or commercial or industrial use, density, lot coverage and required open space to the regulations established in any one (1) or more zoning districts.

Phasing plan means the breaking apart of a development in logical and geographical sequences. Each sequence indicates a geographical area for development, buildings that will be completed, infrastructure and other improvements that will be constructed, open space dedicated, and the like.

Pole sign means a freestanding sign that is detached from a building and is supported by one (1) or more structural elements that are either (a) dissimilar to the design of the sign, or (b) less than one quarter (¼) the width of the sign face.

Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported.

Premises means a lot and the structure or structures located on it.

Preliminary plat means a tentative map or plan of a proposed subdivision.

Primary use means the principal use.

Principal use means a use that is significant and substantial and not incorporated as an accessory use with another use. Several principal uses may exist on the same lot. See Table of Permitted Uses in Chapter 2 of this title.

Project means a development with the necessary improvements on a particular parcel of land.

Projecting sign means a small, pedestrian oriented sign that projects perpendicular from a structure.

Property means a lot or parcel of land.

Public notice. Unless otherwise specified in this title or otherwise required by law, "public notice" of a hearing means notice of the time and place thereof published as required by State law.

Pylon sign. See Pole sign.

Recreation, active, means leisure-time activities typified by being conducted on improved activity areas (e.g., courts, specially prepared fields).

Recreational facility means a place designed and equipped for the conduct of sports and leisure-time activities.

Recreation, indoor, means recreational activities or uses usually conducted within an enclosed structure.

Recreation, outdoor, means recreational activities or uses not usually conducted within an enclosed structure.

Recreation, passive, means leisure-time activities typified by being conducted in unimproved activity areas (e.g., walking, picnicking, frisbee).

Recycling center means a lot or parcel of land upon which used materials are separated and processed for shipment for reuse in new products. Any storage of materials is only temporary in nature and will not exceed thirty (30) days before or after processing.

Research laboratory means a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as accessory to the primary use.

Reservation means a method of holding land for future public use by designating public areas on a plat, map, or site plan as a condition of approval.

Residential districts means any of the following zoning districts: E1, R1, R2, R2A, R3.

Resort means facility for transient guests where the primary attraction is generally recreational features or activities.

Restaurant use means a use or establishment where food and drink are prepared and sold in a form ready for consumption or consumed on the premises. A "drive-in restaurant" is one where at least a portion of the customers are served from a drive-in window on the premises. A "sit-down restaurant" is any other restaurant where customers are served on the premises. A "carry-out restaurant" is one where the customers are not served on the premises.

Restrictive covenant means a restriction on the use of the land usually set forth in a deed.

Retail sales use means a use composed of one (1) or more establishments engaged in selling or leasing of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Retail sales uses are separated into two (2) types, Class 1 uses, being those commonly found in shopping areas, and those which generally do not have outside storage or display, or which adversely impact adjoining uses, and Class 2 uses, being any other retail sales uses.

Right-of-way means a strip of land acquired by dedication, purchase or condemnation and intended to be occupied by a road, railroad, utility line, pedestrian trail, and other similar uses.

Right-of-way line means the property lines that form the boundaries of a right-of-way.

Ringlemann Chart means a chart developed by the U.S. Bureau of Mines on which is illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke. The Ringlemann Number is the number on the chart that coincides most nearly with the visual density of emissions.

Road means an area designed or used for vehicular movement purposes. A public road is one that has been tendered to the Village for maintenance and accepted. Roads that have not been so tendered or not accepted by a unit of government are private roads.

Roadway means that portion of the street intended to be used for travel of motor vehicles; also, street pavement.

Roof means the outside top covering of a building. A "flat roof" is one that is not pitched, the surface of which is parallel to the ground. A "shed roof" is one with a roof with one (1) slope. A "gable roof" is one where a ridged floor forms a gable at both ends of the building. A "gambrel roof" is a gabled roof with two (2) slopes on each side, the lower one steeper than the upper. A "hip roof' is a roof with sloping ends and sides. A "mansard roof" is a roof with two (2) slopes on each of four (4) sides, the lower steeper than the upper.

Roof sign means a sign erected, constructed, painted, or placed upon or over a roof or parapet wall of a building and which is wholly or partly supported by the building or roof structure.

Roominghouse means a residential use consisting of at least one (1) dwelling unit together with more than two (2) rooms but less than seven (7) rooms that are rented, or are designed or intended to be rented, to guests but which rooms, individually or collectively, do not constitute separate dwelling units. A roominghouse or boarding house is distinguished from a tourist home in that the former is designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests. A roominghouse or boarding house is distinguished from a family care facility (home or institution) in that persons living or intended to live therein are not disabled or handicapped or in need of special personal care of the sort that would usually be administered by a nurse, therapist, or other medical personnel, including but limited to the administration of medication.

Sales means the sales or lease of goods.

Sanitary landfill means a site for solid, nonhazardous waste disposal.

School means any building or part thereof which is designed, constructed, or used for education or instruction.

Screen means a physical barrier designed and intended to separate more intensive uses from less intensive uses.

Semi-nude means a state of undress that covers no more than the human genitals, pubic region, anus, areolae of a female breast, as well as portions of the body covered by supporting straps or devices or minor accessory apparel, such as hats, gloves, etc.

Senior Housing means multifamily housing in which dwelling units are designed and operated exclusively for persons aged fifty-five (55) years or older.

Setback means the minimum horizontal distance required pursuant to the Table of Dimensional Standards in Chapter 2 of this title or other provision in this title between the property line and the nearest part of any building or structure on the same lot. This definition is further refined as follows:

1.

Front setback. The term "front setback" means the minimum distance in feet that a building or structure must be set back from the front property line at the street right-of-way. The yard which lies between the setback and the property line at the street right-of-way line is referred to as the "front yard"; also referred to as "front yard setback."

2.

Side setback. The term "side setback" means the minimum distance in feet that a building or structure must be set back from the side property line. The yard which lies between the side yard setback and the side property line is referred to as the "side yard." Side setbacks are further divided into side setbacks from property lines adjacent to streets and interior side setbacks. Side setbacks adjacent to a street apply where a property line other than that forming a front setback is adjacent to a street. Interior side setbacks are setbacks from a property line other than that forming the front setback, rear setback, or side setback adjacent to a street. Yards formed by a side setback adjacent to a street are referred to as side yards adjacent to a street or exterior side yards. Other side yards are referred to as interior side yards. The side setback is also referred to as "side yard setback."

3.

Rear setback. The term "rear setback" means the minimum distance in feet that a building or structure must be set back from the rear property line. The yard which lies between the rear yard setback and the rear property line is referred to as the rear yard; also referred to as "rear yard setback."

Service use means a use or establishment providing personal services (e.g., barbershops or beauty shops), or repair of household or personal items (televisions, vacuum cleaners, watches) to the public.

Sewage treatment plant means a plant owned and operated by the Village or other public entity, and which treats and disposes of sewage. Sewage is the total organic waste and wastewater generated by residential, industrial, and commercial establishments.

Shopping center means a group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on site, provision for delivery of goods separated from customer access, aesthetic considerations and protection from elements, and landscaping and signage in accordance with an approved plan.

Sidewalk means that portion of the street designated for pedestrian use.

Side strip means the unpaved strip of land within a street right-of-way and is parallel to the roadway.

Sight triangle means a triangular-shaped area constructively established at street intersections in which nothing is erected, placed, or planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Single-family residential districts means any of the following zoning districts: E1, R1, R1, R2A and R2 districts.

Site plan means a drawing made to scale and meeting the requirements of this title.

Small structure wind energy turbine system means a structure-mounted wind energy system that converts wind energy into electricity through the use of equipment (wind turbine, a tower or post, and associated control or conversion electronics). Small structure energy turbines are attached to a structure's roof, walls, foundation, or another elevated surface. Small structure energy turbines have a rated capacity that does not exceed ten (10) kilowatts and are intended to primarily reduce on-site consumption of utility power.

Small tower mounted wind energy turbine system means a tower-mounted wind energy system that converts wind energy into electricity through the use of equipment (wind turbine, a tower, and associated control or conversion electronics). Small tower mounted wind energy turbines have a rated capacity that does not exceed one-hundred (100) kilowatts and are intended to primarily reduce on-site consumption of utility power.

Smoke means the visible discharge from a chimney, stack, vent, exhaust, or combustion process which is made up of particulate matter.

Smoke unit means the number obtained when the smoke density as measured by the applicable Ringlemann Number is multiplied by the time of emission in minutes. For purpose of this calculation: a Ringlemann density reading shall be made at least once a minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; and the various products are then added together to give the total number of smoke units observed during the observation period.

Solar energy system means a professionally manufactured system which uses solar panels made of solar cells, heat absorbing plates or other elements to convert sunlight directly into electricity or for electric storage and use.

Sound level means the intensity of sound of an operation or use as measured in decibels on a sound level meter. A sound level meter is an instrument standardized by the American Standards Association for the measurement of the intensity of sound.

Special events means happenings that are carried out primarily out-of-doors for a fixed period of time, including fireworks, Christmas tree sales, circuses and carnivals, concerts, parades. Where the use will almost exclusively take place in the public right-of-way (e.g., parades), the use is exempt from this title.

Specified anatomical areas means any of the following:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, areolae of a female breast;

2.

Human male genitals in a discernibly turgid state.

Specified sexual activities means any of the following:

1.

Fondling or other erotic touching of specified anatomical areas;

2.

Sexual acts, including intercourse, oral copulation, masturbation, or sodomy.

Stacking lane means an area allocated for the temporary standing of motor vehicles while they are waiting for entrance to or service from a particular establishment (e.g., drive-in bank, drive-in restaurant).

Start of construction means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The "actual start" means the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation.

Story means that part of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or a floor and the floor above. A mezzanine shall be considered a story if it exceeds thirty-three (33) percent of the area of the floor immediately below. See Half-story.

Stream means a watercourse having a source and terminus, banks, and channel through which waters flow at least periodically.

Street means a right-of-way which affords primary means of access to pedestrians and vehicles to abutting properties, whether designated as a street, avenue, highway, road, boulevard, easement, or however otherwise designated; "streets" are hereby classified and further defined as follows:

A.

Primary thoroughfares. Streets serving traffic volumes in excess of seven thousand (7,000) vehicles per day and carrying traffic originating outside of the Village and traveling through the Village or to secondary thoroughfares will be classified as "primary thoroughfares."

B.

Secondary thoroughfares. Streets generally serving traffic volumes from three thousand (3,000) to seven thousand (7,000) vehicles per day and carrying traffic originating outside of the Village, or traffic from primary thoroughfares to business, industrial and recreational centers within the Village, and major streets serving traffic volumes of less than three thousand (3,000) vehicles per day but with relatively high truck and bus traffic will be classified as "secondary thoroughfares."

C.

Major residential streets. Streets serving traffic volumes from one thousand (1,000) to three thousand (3,000) vehicles per day with a relatively low volume of truck and bus traffic and carrying traffic originating in residential areas and traveling to the primary and secondary thoroughfare system will be classified as major residential streets. Streets adjacent to schools, parks and major apartment complexes and school bus routes from the thoroughfare system to schools will generally be classified as "major residential streets."

D.

Intermediate residential streets. Streets carrying traffic volumes under one thousand (1,000) vehicles per day with low volumes of truck and bus traffic and providing access to adjacent residential property and minor apartment complexes will be classified as "intermediate residential streets."

E.

Minor residential streets. Cul-de-sac streets, dead-end streets and streets carrying traffic volumes under four hundred (400) vehicles per day with very low volumes of truck and bus traffic and generally limiting flow-through traffic by location or configuration will be classified as "minor residential streets."

F.

Business access streets. Streets providing access to adjacent commercial development will be classified as "business access streets."

G.

Industrial access streets. Streets providing access to adjacent industrial development and streets leading from a thoroughfare to an industrial development will be classified as "industrial access streets."

Street centerline means an imaginary line lying halfway between the two (2) edges of the street pavement.

Street line or right-of-way line means the street line is the dividing line between the street and the lot.

Streetscape means a design term referring to all the elements that constitute the physical makeup of a street and which define its character, including trees, other plantings, awnings and marquees, signs, lighting, street furniture.

Street width means the shortest distance between the right-of-way lines of a given street.

Strip commercial development means commercial uses, usually typified by being located in buildings one (1) story high and one (1) story deep, that front along the side of a major street. The term "strip commercial development" is usually used as an alternative to "commercial nodal development" which refers to commercial development at and within a radius of intersections of major streets.

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

Subdivision means a described tract of land which is to be or has been divided into two (2) or more lots or parcels, or any division of land when a new street is involved, for the purpose of transfer of ownership or building development. A subdivision shall not include the following:

1.

The division or subdivision of land into parcels or tracts of five (5) acres or more in size which do not involve any new streets or easements of access;

2.

The division of lots or blocks in any recorded subdivision which do not involve any new streets or easements of access;

3.

The sale or exchange of parcels of land between owners of adjoining and contiguous land;

4.

The conveyance of parcels of land or interests therein for use as right-of-way for railroads or other public utility facilities;

5.

The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access;

6.

The conveyance of land for highway or other public purposes or grants or conveyance relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use;

7.

Conveyance made to correct descriptions in prior conveyances; and

8.

The conveyance of one (1) parcel, and no more, from a tract which existed on July 17, 1959, not involving any new streets or easements;

11.

The sale of a single lot of less than five (5) acres from a larger tract when a survey is made, but this exception does not allow the sale of any subsequent lots from the same larger tract as determined by the size and dimensions of that larger tract on October 1, 1973.

A.

"Subdivision" includes resubdivision and, where it is appropriate to the context, relates to the process of subdividing or to the land subdivided.

B.

The term "subdivision" as used herein shall also apply to all planned developments whether estate, residential, commercial, industrial, or otherwise in nature, and to any other developments whether a subdivision is required or not under the law, statutes, ordinances or regulations of the governmental body or agency having jurisdiction or control, and regardless of whether the same is labeled a subdivision or not, it being the intent of this title to apply to all types of development, both within the Village and to areas lying within 1.5 miles of the corporate limits of the Village.

Substantial addition or change means an addition or change to a use or structure as detailed in Chapter 2 of this title.

Subdivider. See Owner.

Subdivision design standards means the basic land-planning principles established as guides for the preparation of preliminary plats.

Subdivision improvements. See Land improvements.

Tavern. See Night club, tavern, or lounge.

Temporary use means a use established for a limited duration with the intent to discontinue such use upon the expiration of time period, including, but not limited to, use of a model home for real estate sales.

Three component measuring system means instruments which measure simultaneously earth borne vibrations in horizontal and vertical planes.

Thoroughfare means a street with a high degree of continuity and serving as an arterial traffic way between the various districts of the Village and its environs.

Topless means naked from the waist up.

Topographic map means a map of a portion of the earth's surface showing its relative elevation.

Tot lot means an improved and equipped play area for small children.

Tourist home means a private residence in which short-term lodging and board are offered to the traveling public for compensation to not more than eight (8) guests. See Roominghouse.

Townhouse means a term prevalent in the real estate market which means an attached residential dwelling of two (2) stories, usually where the dwellings are owned separately. Under this title, where three (3) or more such residential dwelling units are attached, they constitute a single-family attached residential dwelling unit; where only two (2) dwellings are attached, they constitute a two-family residential dwelling.

Toxic materials means hazardous materials. See Hazardous.

Tract means a lot or parcel of land. Sometimes used to refer to a parcel of land prior to subdivision, in which case a reference to lot in the same context usually refers to the parcels of land created after subdivision.

Traffic impact study means a report analyzing anticipated roadway and traffic conditions with and without an applicant's development.

Trailer means any portable structure built and constructed so as to permit temporary occupancy for lodging or dwelling purposes or for temporary use during construction. A "camping trailer" is a trailer used for travel and recreational purposes. It differs from a travel trailer in that it lacks a motor and is incapable of movement by itself.

Travel trailer means a portable vehicular structure designed for temporary occupancy for travel and recreational purposes.

Trip means a single or one-way motor vehicle movement either to or from a subject property or study area.

Trip distribution means the measure of the number of trips that are or will be made between geographic areas.

Trip generation means the total number of trips produced by a specific land use or activity. The methodology for determining trips is set out in the "Trip Generation Manual" prepared by the Institute of Transportation Engineers.

Truck sales means an establishment that sells, or leases motor vehicles or trailers primarily designed to carry cargo and material.

Use means the purpose for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained.

Vacant land means land that is not in a developmental use (i.e., unused, or agricultural or forestry uses).

Variation means a permit authorizing permission to depart from the literal requirements of this title; also known as a "variance."

Vehicle accommodation area means that portion of a lot that is used by vehicles for access, circulation, parking, storage, stacking awaiting services, loading, and unloading. It comprises the total of circulation areas, loading and unloading areas, parking areas, stacking lanes and storage areas.

Vehicle, motor, means a self-propelled device, licensed by the State, used for the transportation of people or goods over land surfaces.

Village means the Village of Cary, Illinois.

Village Board. See Board of Trustees.

Village Clear means the Village Clerk of the Village of Cary, Illinois.

Village Engineer means the Village Engineer of the Village of Cary, Illinois.

Wall sign means a sign attached to or erected against the wall of a building or structure with the exposed face of the sign parallel to the plane of such wall.

Warehouse means a building used for the storage of goods and materials.

Wastewater means sewage, sludge, effluent or industrial waste, but does not mean digested sludge.

Wastewater land treatment site means any sewage lagoon, storage lagoon, sludge drying lagoon, irrigation field, however such lagoon or field is denominated, used for storing, draining, treating, or purifying wastewater through bacterial action and natural soil filters.

Watercourse means any natural or artificial stream, river, creek, ditch, channel in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed, and banks, and including any area subject to inundation by reason of over wash or floodwater.

Watershed means the drainage basin, catchment, or other area of land that drains water, sediment, and dissolved materials to a common outlet at some point along a stream channel.

Water system facility means any facility related to production of water for a public water system including wells, water filtration plants, storage tanks, pumping stations and the other related facilities.

Water table means the upper surface of groundwater or the level below which the soil is seasonably saturated with water.

Wearing surface means the last road surface required to be installed by this title for any designated road.

Wholesale sales use means a use composed of one (1) or more establishments or places of business primarily engaged in selling or leasing of merchandise to retailers or other business establishments for resale to the consumer; also known as a "wholesale trade use."

Window sign means a temporary or permanent sign that is placed within or on the outside of a glass window in such a manner that it can be seen, and is intended to be primarily viewed, from the exterior of the structure.

Yard means the open space required to be provided between any building or structure and the appropriate lot line. See Setback.

Zone means a zoning district. See District.

Zoning permit means a document issued by the Director of Community Development indicating that the proposed use meets the standards of this title.

(Ord. No. O19-05-06, § 3, 5-21-2019; Ord. No. O19-11-02, § 6, 11-19-2019; Ord. No. O20-04-02, § 5, 4-14-2020)

Words used in the present tense include the future; words used in the singular include the plural and words in the plural include the singular; the word "lot" includes the word "plot"; the word "structure" includes the word "building"; and the word "person" includes a firm, association, organization, partnership, trust, company, corporation, agency or individual. In referring to a zoning district under this title, the use of a hyphen is optional. Thus, the B-1 zoning district may be referred to as the B1 zoning district. The word "shall" is mandatory and not directory. Reference to a State department includes that department and its successors, if any.

(Ord. No. O19-05-06, § 3, 5-21-2019)

The ordinance codified in this Title 14, including zoning map, shall take effect from and after the date of its adoption by the Village Board of Trustees.

(Ord. No. O19-05-06, § 3, 5-21-2019)