Abandoned. To cease or suspend from developing or maintain a building or use for a stated period of time.

Abandoned activity. A business or activity with no reported sales or activity for a period of at least 12 consecutive months. Exceptions are temporary closures for repairs, alterations, or other similar situations.

Abut. To share a common property line but not overlap.

Accessory building. A detached building located on the same lot as an existing building, the use of which is incidental or secondary to that of the main building and which is not used for human habitation and includes a private garage or implement shed.

Accessory use. A use which is clearly incidental to, and is customarily found in connection with, such principal use; and, in the same ownership as such principal use, or is operated and maintained on the same zoning lot with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served; and, which is established substantially for the benefit or convenience of the owners, occupants, employees, customers, or visitors of the principal use.

Acreage. Any tract or parcel of land having an area of one acre or more which has not heretofore been subdivided or platted.

Adult entertainment parlor. Any premises or part thereof in which is provided services of which a principal feature or characteristic is the nudity or partial nudity of any person.

Adult uses.

(1)

Adult bookstore. An establishment having, as a substantial or significant portion of its stock-in trade, books, magazines and other periodicals which are distinguished or relating to specified sexual activities or specified anatomical areas, as defined below, or an establishment with a segment or section devoted to the sale or display of such material.

(2)

Adult motion picture. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by persons therein.

(3)

Specified sexual activities. Human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse of sodomy, fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

(4)

Specified anatomical areas. Less than complete and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the areola, and human male genitals in a discernibly turgid state even if completely and opaquely covered.

Airport. Any area of land or water designed and set aside for the landing and taking off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

Air-rights. The rights to the space above a property, for development.

Alley. A public or private way, not more than 30 feet wide, permanently reserved as a secondary means of access to abutting property.

Alteration. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

Animal hospital. Any building or portion thereof used by veterinarians primarily for the purposes of the consultation, diagnosis and office treatment of household pets, but shall not include long-term board facilities for animals.

Animal shelter. A lot and/or building or part thereof used for the care of lost, abandoned or neglected household pets.

Antenna. Equipment that transmits or receives broadcast signals including, but not limited to, whip antennas, panel antennas and microwave dishes, but not including supporting structures, satellite dishes, or antennas used solely for purposes such as ham radio, citizens band radio or municipal services communication.

Antique shop. Any building used for the sale of any old and authentic objects of personal property which was made, fabricated or manufactured 60 or more years earlier and which has a unique appeal and enhanced value mainly because of its age, and, in addition, may include the sale of any article of personal property which was made, fabricated or manufactured 20 or more years earlier and because of public demand has attained value in a recognized commercial market which is in excess of its original value; excluded are secondhand shops or furniture resale shops.

Apartment. A room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.

Art gallery. A building, place or area where paintings, sculptures or other works of art are exhibited or sold.

Arterial street or road. A roadway used primarily for through traffic.

Assembly hall. (See Meeting hall.)

Attached. A building otherwise complete in itself, which depends, for structural support or complete enclosure, upon a division wall or walls shared in common with adjacent building or buildings.

Auction house. A building or structure or lands used for the storage of goods and materials which are to be sold on the premises by public auction, and for the sale of the said goods and materials by public auction on an occasional basis.

Auditorium. A building, or portion thereof, where facilities are provided for athletic, civic, educational, political, religious, or social events.

Automatic car wash. A structure containing facilities for washing automobiles using a chain conveyor or other method of moving the cars along and automatic or semiautomatic application of cleaner, brushes, rinse water and heat for drying.

Automobile and trailer sales area. An open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

Automobile laundry. A building or portion thereof where automobiles are washed using production line methods and automatic devices.

Automobile service station. A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public, on the premises, and including minor accessories and the servicing of automobiles; but not including automobile body repairs; and including washing of automobiles where no chain conveyor, blower or steam cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Automobile service stations shall not include sale or storage of automobiles or trailers (new or used).

Automobile wrecking yard. Any place where two or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.

Awning. A roof-like cover, temporary in nature, which projects from the wall of a building or overhangs the public way.

Bake shop. A shop where products of a bakery are sold or offered for sale by retail, including incidental baking of products for retail sale on the premises only, including incidental baking.

Bakery. A factory for producing, mixing, compounding or baking bread, biscuits, ice cream cones, cakes, pies, buns, or any other bakery product of which flour or meal is the principal ingredient, but does not include a restaurant or other premises where any such product is made for consumption on the premises or a bake shop.

Banquet hall. A service commercial establishment used for the purposes of catering to banquets, weddings, receptions or similar functions for which food and beverages are prepared and served on the premises, but does not include a caterer's establishment.

Basement. A story partly or wholly underground. Where one-half or more of its height is above the established grade/ground with a floor-to-ceiling height of not less than 6½ feet. Such basement shall be counted as a story for purposes of height measurement.

Berm. A raised form of earth to provide screening or to improve the aesthetic character.

Bikeway. A pathway, separated from streets and sidewalks and designed to be used for nonmotorized recreational purposes; this will not conflict with the provisions of the ADA.

Billboard. (See Sign, outdoor advertising.)

Block. A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways, or corporate boundary lines of municipalities.

Boarding house. A dwelling in which the proprietor supplies for a fee sleeping accommodation with board for at least three persons and not more than ten persons, exclusive of the proprietor, members of the proprietor's family and servants of the establishment, but does not include a hotel, hostel, or motel.

Buffer area/strip. A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

Buildable area. The space remaining on a zoning lot after the minimum open space requirements have been complied with.

Building. A structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels. Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water towers, grain elevators, and coal bunkers, oil cracking towers and other similar structures, are not considered as buildings.

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

Building, detached. A building surrounded by open space on the same zoning lot.

Building height. The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest elevation of the roof in the case of a slant or flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

Building line. The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.

Building, nonconforming. (See Nonconforming, building.)

Building, principal. A nonaccessory building in which the principal use of the zoning lot on which it is located is conducted.

Building setback. The least horizontal distance permitted between a lot line of a lot and the nearest portion of any building envelope on such lot.

Building setback line. A line parallel to the street line at a distance from it, regulated by the front yard requirements set up herein.

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

Bulk. The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:

(a)

Size and height of buildings;

(b)

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

(c)

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

(d)

All open spaces allocated to the building;

(e)

Amount of lot area per dwelling unit;

(f)

Required parking areas.

Bus loading area. An area at which passengers may board or disembark from a bus and may include bus bays and bus shelters.

Bus lot. Any lot or land area used for the storage or layover of passenger buses or motor coaches.

Bus shelter. A small roofed structure, usually having from one to three walls, located near a street, and designed primarily for the protection and convenience of bus passengers.

Carport. A roofed-over area attached to the principal building for vehicle storage, which may be open on three sides.

Car wash. An establishment having facilities for washing motor vehicles by production line methods which may include a conveyor system or similar mechanical devices. This definition may also include a self-service operation.

Caterer's establishment. An establishment in which food and beverages are prepared for consumption off the premises and are not served to customers on the premises or to take out, but does not include a food services establishment.

Cell tower. (See Tower.)

Cellar. A story having more than one-half of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.

Child care center. (See Day care center.)

Church. A building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship.

Circular driveway. A driveway having two access points to a street.

Clinic or medical health center. A building or part of a building used solely for the purpose of consultation, diagnosis and treatment of patients by one or more legally qualified physicians, dentists, optometrists, chiropodists, chiropractors, or drugless practitioners, together with their qualified assistants, and without limiting the generality of the foregoing, the building may include administrative offices, waiting rooms, treatment rooms, laboratories, directly associated with the clinic, but shall not include accommodation for in-patient care or operating rooms for major surgery.

Club. A private, membership based, association of persons, united by some common interest, meeting periodically for cooperation or conviviality. Club shall also mean, where the context requires, premises owned or occupied exclusively by members of such private association within which the activities of the club are conducted.

Cluster development. A development design technique that locates buildings in limited areas on a site to allow the remaining land to be used for a variety of open space purposes.

Collector street. A roadway used primarily for collecting traffic from local streets and channeling it to arterial streets.

Commission. The plan commission of the City of Chicago Heights, Illinois.

Communication tower. A structure, including but not limited to, steel towers, and equipment sheds or cabinets, the principal use of which is for public or private wireless communication purposes, including, but not limited to, mobile domestic cellular telephone services and personal communication services. Not included are structures used solely for purposes including, but not limited to, ham radios, and citizen band radios or municipal services communications. The term "communication towers" and "towers" shall be treated as synonymous.

Community residence. A single dwelling unit occupied on a relatively permanent basis as a single housekeeping unit, in a family-like environment, by unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty-four-hour basis, or present whenever residents with disabilities are present at the dwelling. A community residence for persons with disabilities, plus support staff, shall be considered a residential use.

Conditional use. (See Use, conditional.)

Condominium. A building, or group of buildings, in which each individual unit is held in separate private ownership and all floor space, facilities, and outdoor areas used in common by all tenants are owned, administered, and maintained by a corporation created pursuant to the provisions of the appropriate statute.

Conforming use. (See Use, conforming.)

Contiguous. Next to, abutting, or touching and having a boundary, or portion thereof, which is coterminous.

Convenience store. A retail store in which articles for sale are restricted to a limited range of primarily food item, tobacco, patent medicines, periodicals and other similar items of household convenience.

Court, outer. An open, unoccupied space, unobstructed from the ground to the sky, which is bounded on not more than three sides by the exterior walls of one or more buildings, opening onto a street, alley or yard.

Courtyard. A private landscaped outdoor living space surrounded by walls or fences.

Coverage. That percentage of the lot area covered by the area of all buildings, including accessory buildings.

Crisis care facility. A building or part of a building which is used to provide temporary residence for persons requiring immediate emergency shelter and aid for a short period of time, and:

(a)

Such facility is supervised, or the members of the group are referred, by a hospital, court or government agency; or

(b)

Such facility is funded wholly or in part by any government, other than funding provided solely for capital purposes; or

(c)

Such facility is regulated or supervised under any general or special act; and, without limiting the generality of the foregoing, includes hostels for battered or abused adults or children, hostels for youth requiring immediate emergency, temporary shelter and hostels for elderly persons.

Cul-de-sac. A local street, one end of which is closed and consists of a circular turn around.

Curb level. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the curb level shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the curb level.

Data center. A facility used to house and operate networked computer systems for the maintenance, storage, processing, and routing of data, including related office and warehouse activities and infrastructure support equipment including, but not limited to: power and cooling equipment, electrical substations, transformers, and security apparatus. A data center may include multiple structures on one or more contiguous lots which are developed and operated as a unit.

A Data center is hereby deemed to be a "Special Use" only allowed within Manufacturing Districts and subject to the administrative rules and processing set forth in Chapter 13 of the City Zoning Ordinance and specifically, Chapter 13.6.

Day care center. Any child care facility which regularly provides day care for less than 24 hours per day for more than three children in a facility other than a family home; and which meets all state licensing requirements.

Day care home. Any dwelling or family home which, as a home occupation, receives for care for less than 24 hours per day, more than three up to a maximum of eight children. The number counted includes the family's natural or adopted children residing in the home and all other persons under the age of 12; and which meets all state licensing requirements, and local requirements for home occupations. The term does not include facilities which receive only children from a single household.

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

Density. The maximum number of dwelling units allowed by this Ordinance based on lot area.

Disability. A physical or mental impairment which substantially limits one or more of a person's major life activities, impairs their ability to live independently, or a record of having such an impairment, or being regarded as having such an impairment.

Drive-in business and Drive-up/service windows. An establishment which, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product which may be used or consumed in a motor vehicle on the premises or to be entertained while remaining in an automobile.

Driveway. A private roadway on a lot, in addition to parking and maneuvering spaces and aisles, which is designed or used to provide for the passage of motor vehicles to and from a street or way.

Driving range. A public or private area operated for the purpose of developing golfing techniques, including miniature golf courses, but excluding golf courses.

Drug store. A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies and nonprescription medicines but where non-medical products are sold as well.

Dwelling. A building or portion thereof designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multiple-family dwellings, and community residences for persons with disabilities, but not including hotels or motels.

Dwelling, attached. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

Dwelling, detached. A dwelling which is entirely surrounded by open space on the same lot.

Dwelling, multiple-family. A building or portion thereof designed or altered for occupancy by three or more families living independently of each other.

Dwelling, one-family. A dwelling unit designed exclusively for use and occupancy by one family.

Dwelling, row (party-wall). A row of two to eight attached one-family, party-wall dwellings, not more than 2½ stories in height, nor more than two rooms, in depth, measured from the building line.

Dwelling, single-family. A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.

Dwelling, two-family. A building designed or altered to provide dwelling units for occupancy by two families.

Dwelling unit. One or more rooms in a residential structure which are arranged, designed, used or intended for use by one family, for living or sleeping purposes, and which include complete kitchen facilities permanently installed.

Easement. A right given by the owner of land to another party for specific limited use of that land.

Educational institution. Public, parochial, charitable, or nonprofit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers and employees.

Electric power distribution station. The use of land, building, or structure for the purpose of reducing electric power from one distribution level to another.

Electric power generating station. The use of land, building, or structure or part thereof for the generation of electric power.

Electric power main transformer station. The use of land, building, or structure for the purpose of reducing electric power from 115 kilowatts or greater to a distribution voltage.

Emergency shelter. A nonprofit charitable or religious organization providing temporary housing on its premises to one or more primarily indigent, needy, homeless or transient persons.

Eminent domain. The legal right of government to acquire or take private property for public use or public purpose upon paying just compensation to the owner.

Family. One or more persons related by blood, marriage or adoption, or a group of not more than three persons (excluding servants), who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including sororities, fraternities, or other similar organizations.

Family community residence. (See Group home.)

Fence. An artifically constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Fence, closed. A fence having a design pattern that is less than or equal to 30 percent opacity.

Fence, open. A fence having a design pattern that is greater than or equal to 80 percent opacity.

Floodplain. Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source.

Floor area, gross (for the purpose of determining floor area ratio). The floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, "gross floor area" shall include:

(a)

Basement space if at least one-half of the basement story height is above the established curb or ground level;

(b)

Elevator shafts and stairwells at each floor;

(c)

Floor space used for mechanical equipment where the structural headroom exceeds 7½ feet; except equipment, open or enclosed, located on the roof, i.e., bulkheads, water tanks, and cooling towers.

(d)

Attic floor space where the structural headroom exceeds 7½ feet;

(e)

Interior balconies and mezzanines;

(f)

Enclosed porches, but not terraces and breezeways;

(g)

Accessory buildings.

Floor area, net. The total of all floor areas of a building or structure, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading areas, and all floors below the first ground floor, except when used or intended to be used for human habitation or service to the public.

Floor area ratio (F.A.R.). The total floor area of the building or buildings on the zoning lot divided by the area of such zoning lot, or in the case of a planned development, by the net site area.

Frequency. The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.

Frontage. All the property fronting on one side of a street between the nearest intersecting streets, or between a street and a right-of-way, waterway, or other similar barrier.

Funeral home. A building designed for the purpose of furnishing funeral supplies and services to the public and includes facilities intended for the preparation of the dead human body for internment or cremation.

Game rooms and arcades. Coin-operated game room, for the purpose of this article, shall include any establishment displaying and offering for customer use three (3) or more coin-operated amusement machines as defined in exception [subsection] (a) of section 80-129 of the Chicago Heights City Code.

Garage, bus. Any building used or intended to be used for the storage of three or more passenger motor buses, or motor coaches used in public transportation, including school buses.

Garage, private. Any accessory building or an accessory portion of the principal building, not to exceed space for 2½ cars, which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on, except that all the space in a garage of one- or two-car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed 1½ tons.

Garage, public. A building other than a private garage, used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck trailers and commercial vehicles exceeding 1½ tons capacity.

Garage sale. The sale of personal property, which is, conducted on a premises within a residential district upon which is located a dwelling.

Garage, truck. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors, and commercial vehicles exceeding 1½ tons capacity.

Golf course. Public, semipublic or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least 60 acres for each standard nine-hole course, and 25 acres for each nine-hole "par 3" course.

Grade. The average elevation of the land around a building and/or the percent of rise or descent of a sloping surface.

Grade, finished. The final elevation of the ground surface after development.

Grade, street. The elevation of the established street in front of the building, measured at the center of such front. Where no street grade has been established, the city engineer shall establish such street grade or its equivalent for the purposes of this section.

Group home. A detached, single-family dwelling owned and operated by a governmental, religious or other not-for-profit agency occupied on a relatively permanent basis operated as a functional equivalent of a traditional family by a group of not more than eight unrelated persons (inclusive of resident staff) who, due to advanced age, handicap, impairment due to chronic illness, or status as a minor unable to live with parents or guardian, require assistance and/or supervision, and who reside together as a single housekeeping unit; and, which meets the requirements of all relevant federal, state and local codes. Group home does not include a residence which services persons as an alternative to incarceration for a criminal offense.

Height. The vertical distance to the highest point of the roof, as measured from finished grade level.

Heritage preservation district. An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.

Home occupation. An occupation conducted in a dwelling unit, provided that:

(a)

No person other than members of the family residing on the premises shall be engaged in such occupation;

(b)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

(c)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation;

(d)

No home occupation shall be conducted in any accessory building;

(e)

There shall be no sales in connection with such home occupation;

(f)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; and

(g)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(h)

Clinics, hospitals, auto repair shops, barber shops, beauty parlors, tearooms, tourist homes, animal hospitals and kennels, among others, shall not be deemed to be "home occupations".

(i)

The home occupations are entirely owner operated, and have no employees.

Hospital. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week, of three or more non-related humans suffering from illness, disease, injury, deformity, or other abnormal physical conditions. The term hospital, as used in this definition, does not apply to institutions operating solely for the treatment of insane persons, drug addicts, liquor addicts, or other types of cases necessitating restraint of patients, and the term hospital shall not be used for convalescent, nursing, shelter or boarding homes.

Hostel. An establishment in which men only or women only are harbored, received or lodged for hire for a single night or for less than a week at one time, except a hotel, motel or boarding or rooming house.

Hotel, motel. A building or buildings on the same site used to accommodate the traveling public for gain or profit, by supplying them with sleeping accommodation (with or without meals) but without individual private cooking facilities, except as approved by special use permit. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, restaurants, cocktail lounges, meeting rooms, and ancillary retail uses.

Householder. The occupant of a dwelling unit who is either the owner or lessee thereof.

Junk yard. An open area where waste, scrap metal, paper, rags of similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

Kennel, commercial. Any lot or premises or portion thereof on which more than four dogs, cats and other household domestic animals are kept or on which more than two such animals are boarded for compensation or kept for sale.

Laboratory, commercial. A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly or packaging of products is not included within this definition.

Landfill. A disposal site employing an engineering method of disposing of solid wastes in a manner than minimizes environmental hazards by spreading, compacting to the smallest volume, and applying cover material over all exposed waste at the end of each operating, and is operated in a manner to meet the requirements of all relevant federal, state and local ordinances.

Lane. A public thoroughfare which affords only a secondary means of access for vehicular traffic to abutting lots, and which is not intended for general traffic circulation.

Laundromat. A building or structure where coin-operated laundry machines, using only water, detergents and additives, are made available to the public for the purpose of laundry cleaning.

Laundry and dry cleaning shop. A building or part of a building used for the purpose of receiving articles or goods of fabric to be subjected to the process of laundering, dry cleaning, dry dyeing or cleaning elsewhere, and for the pressing and distribution of any such articles or goods which have been subjected to any such process, and shall include a self-service laundry and/or self-service dry cleaning.

Laundry establishment. A building or structure used for the purpose of collection and distribution of articles and goods of fabric to be subjected to the process of cleaning, in which only water and detergents can be used and may include a laundry plant.

Laundry plant. A building or structure in which the business of a laundry is conducted on the ground floor in which only water and detergent is used, and where the drying, ironing and finishing of such goods are conducted.

Loading and unloading space or berth, off-street. An open, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, 35 feet in length and 14 feet in height, exclusive of access aisles and maneuvering space.

Lot. A parcel of land legally described as a distinct portion or piece of land of record.

Lot area, gross. The physical area of a horizontal plane within the lot lines of a zoning lot, measured in square feet.

Lot area, net. The physical area of a horizontal plane within the lot lines of a zoning lot, excluding rights-of-way, measured in square feet.

Lot corner. The lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.

Lot coverage. The area of a zoning lot occupied by the principal building or buildings and accessory buildings. Lot coverage shall not include balconies, canopies and overhanging eaves, provided none of the foregoing is less than 2.4 meters above finished grade.

Lot depth. The average horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.

Lot, double frontage. (See Lot, through.)

Lot, flag. A lot which does not front on, or otherwise abut a public street and where access is typically provided by a narrow private right-of-way or driveway.

Lot frontage. The front of a lot shall be that boundary of a lot along a public street.

Lot, interior. A lot other than a corner lot or reversed corner lot.

Lot line. A line of record dividing one lot from another lot or from a street, alley or other such right-of-way.

Lot line, front. On an interior lot, the lot line abutting a street; or, on a corner lot, the shorter lot line abutting a street; or, on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained; or, on a through lot, both street lines shall be deemed front lot lines.

Lot line, interior. A side lot line common with another lot.

Lot line, rear. The lot line or lot lines most nearly parallel to and most remote from the front lot line.

Lot line, side. Lot lines other than front or rear lot lines.

Lot of record. An area of land designated as a lot on a plot of subdivision recorded or registered, pursuant to statute.

Lot, reversed corner. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

Lot, reversed frontage. A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts.

Lot, through. A lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot.

Lot width. The average horizontal distance between the side lot lines measured from the lot boundaries, or the minimum distance between the side lot lines within the buildable area.

Major arterial road. A highway or public roadway the purpose of which is to expedite the movement of through traffic to major traffic generators and from community to community, and primarily, to serve the adjacent land, to collect and distribute traffic from freeways and expressways to less important arterial roads or directly to traffic destinations.

Manufacture. The making of anything by an agency or process.

Manufactured home. There are three types of manufactured homes:

(1)

Mobile type. Mobile homes are constructed off-site with features permitting them to be transported; mobility is inherent in their construction regardless of whether or not they are subsequently placed on a permanent foundation. The construction of the mobile type of single-family residence is regulated by the Federal Department of Housing and Urban Development (HUD) and must comply with the National Manufactured Home Construction and Safety Standards. Mobile type homes may be used with or without a permanent foundation. These standards apply uniformly across the country, and it is illegal for a state or local unit of government to impose additional construction requirements. Mobile type units will have a red metal label permanently affixed to the rear of each towable unit.

(2)

Modular type. Modular homes are constructed off-site, in large blocks, with no built-in features permitting them to be transported; they are transported in sections by a flat-bed truck for construction on-site. Modular homes are always on a permanent foundation. The construction of modular type dwelling units is regulated by the Illinois Department of Public Health. Unlike the mobile type homes, the local unit of government may require additional items other than the minimum state requirements to be incorporated into the construction of modular homes. Modular type homes shall be placed on a permanent foundation. An Illinois approved modular dwelling will have a yellow seal on the electrical panel box of the home.

(3)

Assembled type. Assembled homes are constructed on-site, utilizing various sections, such as walls, roofs, etc. which have been constructed off-site. Assembled homes are always placed on a permanent foundation.

Marquee or canopy. A roof-like structure of a permanent nature which projects from the wall of a building and overhangs the public way, and is designed and intended to protect pedestrians from adverse weather conditions.

Meeting hall. A building, or part thereof used for the gathering together of groups of persons for a specific function, such as a public meeting, but shall not include a banquet hall or club. Full kitchen facilities shall not be provided.

Mini-storage warehouse. A building containing separate, individual self-storage units divided from the floor to the ceiling by a wall with an independent entrance from the exterior of the building, designed to be rented or leased on a short-term basis to the general public for private storage of personal goods, materials and equipment.

Motel. An establishment consisting of a group of attached sleeping rooms with individual bathrooms and designed for use by transients. Customary services such as maid service, telephone, linen and desk service, and the use and upkeep of furniture, are provided; no cooking equipment is permitted on the premises except as approved through the special use permit process.

Motor freight terminal. A building in which freight, brought to said building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.

Nameplate. A sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.

Nonconforming building or structure. A building or structure which conformed to applicable laws when constructed but does not conform to the provisions of this Ordinance.

Nonconforming lot. A lot, the area, frontage or dimensions of which do not conform to the provisions of this Ordinance.

Nonconforming use. A lawful specific use which does not conform to the provisions of this Ordinance.

Noxious matter. Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of human beings.

Nursing home or rest home. A private home, institution, building, or residence serving three or more persons who are not related by blood or marriage to the operator, whether operated for profit or not, which undertakes, through its ownership or management, to provide maintenance, personal care, or nursing for persons who, by reason of illness or physical infirmity, are unable properly to care for themselves, and which meets all relevant State and local licensing requirements and codes. The term does not include the following:

(1)

A home, institution or other place operated by the federal government or agency thereof, or by the State of Illinois;

(2)

A hospital, sanitarium or other institution whose principal activity or business is the care and treatment of persons suffering from mental or nervous diseases or disorders;

(3)

A hospital, sanitarium or other institution whose principal activity or business is the diagnosis, care and treatment of human illness through the maintenance and operation of organized facilities therefore;

(4)

Any child welfare agency, maternity hospital or lying-in home.

Obstruction. An obstacle, impediment or hindrance.

Octave band. A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

Octave band filter. An electrical frequency analyzer, designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals. (American Standard for Sound Level Meters, ASA No. 244.3-1944.)

Open sales lot. Any land used or occupied for the purpose of buying and selling new or second-hand passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft, monuments and temporary open sales lots, and for the storing of same prior to sale.

Overlay district. A clearly defined area, within an existing zoning district, which has one or more requirements which differ from the underlying existing zoning district, and which is identified on the official zoning map as an overlay district.

Park. An area consisting largely of open space, which may include a recreational area, play ground, playfield, sanitary facilities, or similar use but shall not include a mobile home park, a campground or trailer park.

Parking area, private. An open, hard-surfaced area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.

Parking area, public. An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under 1½ ton capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

Parking lot. A parking area forming the principal use of a lot.

Parking space, automobile. Space within a public or private parking area of not less than 180 square feet (nine feet by 20 feet), exclusive of access drives, aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under 1½ tons capacity, and having an adequate means of ingress and egress to and from a public street or lane.

Particulate matter. Material which is suspended in or discharged into the atmosphere in a finely divided form as liquid or solid atmospheric pressure and temperature.

Patio. A surfaced, open space of land at grade adjacent to a residential dwelling unit or mobile home which is used as an extension to the interior of the home for private or semiprivate entertainment or leisure activities.

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

Plan commission. The plan commission of the City of Chicago Heights, Illinois.

Plat. A map showing the location, boundaries and ownership of individual properties, planned and developed as a single project.

Planned unit development (PUD). An area of a minimum contiguous size, as specified by ordinance, to be planned, developed, operated, and maintained as a single entity, and containing one or more structures with appurtenant common areas.

Porch. A roofed-over structure, projecting out from the wall or wall of a main structure and commonly open to the weather in part.

Portable and/or temporary signs. A nonpermanent fixture or structure that is constructed on its own chassis with or without wheels, so as to be moved from one location to another in the promotion of a business, commodity, service or entertainment conducted on the premises.

Principal use. (See Use, principal.)

Public open space. Any publicly owned open area, including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

Public storage. A building used for the temporary storage of commercial vehicles, boats, trailers, etc. and designed primarily to accommodate those vehicles, boats, trailers, etc., which may not conveniently or legally be parked or stored elsewhere.

Public utility. Any person, firm, corporation or municipal department, duly authorized to furnish under public regulations to the public, electricity, gas, steam, telephone, transportation or water.

Railroad right-of-way. A strip of land with tracks and auxiliary facilities for track operation, but not including depot loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, water towers, etc.

Recycling facility. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products.

Restaurant. Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including a cafe, cafeteria, coffee shop, lunchroom, drive-in stand, tearoom and dining room, and including the serving of alcoholic beverages when served with and incidental to the serving of meals.

Restaurant, carry-out. An establishment in which the design of physical facilities, the serving or packaging procedures permit or encourage the purchase of prepared, ready-to-eat foods intended to be consumed off the premises, and where the consumption of foods in motor vehicles on the premises is neither permitted nor encouraged.

Restaurant, drive-in. An eating establishment where facilities are available to serve meals to the customer for consumption in the customer's motor vehicle, parked in an area designed for that purpose.

Right-of-way. An area of land that is legally described in a registered deed for the provision of private access on which there is usually a lane.

Rooming house. (See Boarding and rooming house.)

School. A public school, a separate school, a university, a college or a private school authorized by the authority having jurisdiction.

Secondhand shop. The use of land, or building or structure or part thereof where used goods, wares, merchandise, substances or articles are offered or kept for sale but shall not include the wrecking or dismantling of such; not including an antique shop.

Setback. The distance between the building and any lot line.

Setbacks, front, rear, side yard. The horizontal distance measured at right angles to the boundary of the parcel, lot or block of land, between the main wall of the building and the main boundary.

Sign. A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure, tree, rock, or other object, or piece of land, and which directs attention to an object, product, place, activity, persons institutions, organization or business, which is designed to inform or attract the attention of persons not on the premises on which the sign is located, not including the following:

(1)

Signs not exceeding one square foot in area and bearing only property numbers, postbox numbers, names of occupants of premises, or other identification of premises not having commercial connotations;

(2)

Flags and insignia of any government except when displayed in connection with commercial promotion;

(3)

Legal notices;

(4)

Identification, informational, or directional signs erected or required by governmental bodies;

(5)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights; and

(6)

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

Each display surface of a sign shall be considered to be a sign.

Sign, area. The entire face of a sign, including the advertising surface and any framing, trim, or molding but not including the supporting gramework and/or bracing, clearly incidental to the display itself, unless such framework contains and/or displays advertising material. For signs consisting of two or more facings and/or three-dimensional signs, the sign surface area shall be computed, including the total area of all facings designed to attract attention, and/or communicate information. Should a sign consist of multiple facings, sections, and/or modules, the entire area, including surfaces between said facing, sections, and/or modules, shall be included.

Sign, awning, canopy, or marquee. A sign painted, stamped, perforated or stitched or otherwise applied on the valance of an awning.

Sign business. A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment old or offered upon the premises where such a sign is located.

Sign, church bulletin board. A sign attached to the exterior of a church or located elsewhere on the church premises used to indicate the services or activities of the church and including its name, if desired.

Sign, construction. A temporary sign erected on the premises, and not on a public right-of-way, on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors and similar individuals or firms having a role or interest with respect to the structure or project.

Sign, directional. A sign which indicates the distance or direction, or both, to a place of business or other premises indicated on the sign.

Sign, electronic message board. Any sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

Sign, flashing. Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such is in use. Any revolving, illuminated sign shall be considered a flashing sign.

Sign, free-standing. A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.

Sign, holiday decoration. Temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.

Sign, identification. A structure, building wall or other outdoor surface used to display and identify the name of the individual, business, profession, organization or institution occupying the premises upon which it is located.

Sign, illuminated. A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.

Sign, nonconforming. Any sign lawfully existing on the effective date of an ordinance, or amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.

Sign, outdoor advertising (billboard). A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises on which such sign is located or to which it is affixed.

Sign, portable. Any sign not permanently, affixed to a building, structure or the ground.

Sign, projecting. A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.

Sign, roof. A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof, or the deck line of a building with a mansard roof.

Sign, temporary. A sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a short period of time.

Sign, wall. A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than 12 inches from such a building or structure.

Sign, window. A sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window.

Similar use. A use that has the same characteristics and/or range of impacts as the specifically cited uses in terms of trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs, and clientele, and other related impacts.

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

Solar farm is defined a solar energy system operated by a public, private, or cooperative utility company for the generation, transmission, distribution, or processing of electrical or thermal energy. Included in the definition of "Solar Farm" are ground-mounted solar panels as set forth in Section 6-3.4 of the Zoning Ordinance.

A "Solar Farm" is hereby deemed to be a "Special Use" only allowed within Manufacturing Districts and subject to the administrative rules and processing set forth in Chapter 13 of the City Zoning Ordinance and specifically, Chapter 13.6.

Sound level meter. An instrument standardized by the American Standards Association for measurement of intensity of sound.

Stacking requirements. A portion of a parking area or a parking lot, other than a parking aisle or a parking space which provides standing room for vehicles in a queue and without limiting the generality of the foregoing this may include a queue for a drive-through restaurant, a drive-through bank or a drive-through carwash.

Story. That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.

Story, half. A half story is that portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two opposite exterior walls are not more than 4½ feet above the finished floor of each story. In the case of one-family dwellings, two-family dwellings, and multiple-family dwellings less than three stories in height, a half-story in a sloping roof shall not be counted as a story.

Street. A public way other than an alley, which affords a primary means of access to abutting property.

Street line. The limit of the street or road allowance and the dividing line between a lot and street or road.

Street, private. A street or right-of-way that has not been accepted by the municipality or other governmental agency.

Structure. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or free-standing wall. A sign, billboard or other advertising medium, detached or projecting shall be construed to be a structure.

Swimming pool. A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool having a depth of more than 30 inches, designed, used and maintained for swimming and bathing.

Tavern or lounge. A building or part of a building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food.

Tower. (See Communication tower.)

Tower site. Any lot or building lot, or any structure located on any lot or building lot, on which communication towers are located or proposed to be located.

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

Trailer, sports or camping. A vehicle without motive power designed for camping. Sports or camping trailers, for the purpose of this Ordinance are not dwellings. Storage of such trailer is considered an accessory use and shall not be occupied for dwelling purposes.

Truck parking, area of yard. Any land used or intended to be used for the storage or parking of trucks, trailers, tractors, and including commercial vehicles, while not loading or unloading, which exceed 1½ tons in capacity.

Use. The purpose for which land, or a building thereon, is designed, arranged, or for which land or buildings are occupied or maintained, let or leased.

Use, conditional. A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in a zoning ordinance and authorized by the planning board.

Use, conforming. A use which falls within the uses permitted in and conforms to all the regulations set out in this Ordinance for the zone in which the use, building or structure is located.

Use, continuous. The continuous use of any lot, building or structure notwithstanding a change of ownership of the property where the use is located. Use shall further be deemed to be continuous if, after having ceased, the same use recommences within a period of six months from the date of cessation, and/or if a structure is destroyed or damaged, it is rebuilt or repaired for the same use within a period of one year from the date of its destruction or damage.

Use, principal. The main use of land or buildings as distinguished from a subordinate or accessory use.

Used car lot. A zoning lot on which used or new cars, trailers, or trucks are displayed in the open for sale or trade.

Variance, major. All variances not classified as a minor variance, and/or which will produce an increase or decrease in the degree of compliance by more than 25 percent of the amount required for full compliance.

Variance, minor. A variance which will produce an increase or decrease in the degree of compliance by no more than 25 percent of the amount required for full compliance.

Video rental shop. The use of land, building or structure for the purpose of renting video cassette recorders and/or video disc players and/or the rental of video tapes and/or discs.

Yard. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

Yard, exterior side. A side yard immediately adjacent to an exterior lot line.

Yard, front. The part of a lot which extends across the full width of a lot between the front lot line and the nearest wall or supporting member of a building or structure. In the case of a corner lot, any yard extending along the full length of a street line shall be considered a front yard.

Yard, rear. That part of a lot which extends across the full width of a lot between the rear lot line and nearest wall or supporting member of a principal building or structure.

Yard, side. A yard extending from the front yard to the rear yard of a lot between a side lot line and the nearest main wall of any building or structure on the lot.

Zoning administrator. The term shall mean the zoning administrator appointed by the mayor and city council and such deputies or assistants as have been or shall be duly appointed.

Zoning board. The zoning board of appeals.

Zoning lot. A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.

Zoning maps. The map or maps incorporated herein as a part hereof designating zoning districts.

(Ord. No. 2018-4, § 3, 2-5-18; Ord. No. 2024-8, § 1, 6-5-24; Ord. No. 2024-13, § 1, 7-3-24)