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Country Club Hills City Zoning Code

ARTICLE 2

- RULES AND DEFINITIONS

15.2.01. - Definitions to Include.

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

A.

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

B.

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

C.

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

D.

The masculine gender includes the feminine and neuter.

E.

Whenever a word or term defined hereinafter appears in the test of this Ordinance, its meaning shall be constructed as set forth in the definition thereof; and, any word appearing in parenthesis, between a word and its definition herein, shall be construed in the same sense as that word. Words herein not defined shall be interpreted in accordance with definitions contained in Webster's Third New International Dictionary of the English Language. Unabridged; second Edition; published by Merriam-Webster Inc., Springfield.

F.

All measure distances expressed in feet shall be to the nearest integral foot; if a fraction is one-half (½) foot; or more, the integral foot next above shall be taken.

G.

The following words and terms, wherever they occur in this Ordinance, shall be construed as here defined:

Alley. A minor public right-of-way used primarily for vehicular services access to the rear or side of properties.

Amortization. The process by which non-conforming uses and structures must be discontinued or made to conform to requirements of the Ordinance at the end of a specific period of time.

Animal Hospital. Any building or portion hereof, designed or used for the care, observation, or treatment of animals or pets.

Automobile Laundry (Car Wash). Any building, or portion thereof, where automobiles are washed, using a conveyor, blower, steam-cleaning equipment or other mechanical device of productive-line nature.

Automobile Service Stations (Gas Station Or Filling Station). Any building, or portion thereof, or premises used for dispensing or offering for sale at retail any automotive fuels or oils having pumps and storage tanks thereon; or where battery, tire and other similar services are rendered. Automobile service stations do not include open sales lots as defined herein.

Automobile Wrecking Yard. Any area of land where two or more vehicles, not in running condition, or the parts thereof, are stored in the open and are not being restored to operation; or any land, building, or structures used for the wrecking or storing of such automobiles, or the parts thereof.

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

Basement. A portion of a building located partly underground, but having less than half its clear floor to ceiling height below the average grade of the adjoining ground and having a floor to ceiling height of not less than six and one-half feet (basement).

Bedroom. Any room (other than a living room, dining room, kitchen, bath, utility room or any storage area) which can be utilized as a sleeping area under the provisions of this Chapter and the Building Code.

Block. A tract of land bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad right-of-way, corporate boundary lines, or other topographical features.

Building. Any structure having a roof supported by columns or walls.

Building, Accessory. A subordinate building, or portion of principal building, the use of which is incidental to that of the principal building and customary in connection with that use.

Building Height. The vertical distance measured from the established finished grade of the lot to the highest point of the underside of the ceiling beams, in the case of a flat roof; and, to the mean level of the underside of rafters between the eaves and the ridge of a gable, hip, mansard, or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks, and similar projections other than signs shall not be included in calculating the height.

Building, Principal. A building which houses the principal use of the lot on which it is located.

Building, Temporary. A building with no foundation or footing and which is intended to be removed when the designated time period, activity, or use for which the temporary building was erected has ceased.

Bulk. A composite characteristic of a given building as located upon a given lot not definable as a single quantity but involving all of the following characteristics: (1) size and height of building; (2) location of exterior walls at all levels in relation to lot lines, streets, or to other buildings; (3) gross floor area of the building in relation to lot area (floor area ratio); (4) all open spaces allocated to the building; and (5) amount of lot area provided per dwelling unit.

Cellar. A space with less than one-half of its floor to ceiling height above the average finished grade of the adjoining ground and with a floor to ceiling height of less than six and one-half feet.

Club or Lodge, Private. A non-profit association of persons who are bona-fide members paying dues which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guest.

Community Residences. A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty-four (24) hour basis, or present whenever residents with disabilities are present at the dwelling unit; and complies with the zoning regulations for the district in which the site is located.

Culvert. A drain, as under a road or sidewalk, for the passage of water.

Curb Level. The level of the top of the established curb in front of a building or structure measured at the center of such front. Where no curb has been established it shall be deemed to be the established level of the center line of the street surface in front of a building or structure, measured at the center line of such front.

Day Care Center. Any child care facility receiving more than eight (8) children for daytime care during part of a day where tuition, fees or other forms of compensation for the care of children is charged. The term "Day Care Center", "Centers", "Day Nurseries", "Nursery Schools", "Kindergartens", "Play Groups" and "Centers or Workshops for Mentally or Physically Handicapped" are included with or without stated educational purposes.

Day Care Home. A family home which receives more than three or the maximum of twelve children for less than 18 hours per day. However, children may not be in the home after 12:00 midnight. The maximum of twelve children includes the family's natural, foster or adopted children and all other persons under the age of twelve.

Day Care Home Permit. A permit issued by the City evidencing that a Day Care Home has been found to be in compliance with all applicable health and safety regulations of the City.

DCFS. The Illinois Department of Children and Family Services.

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, but such term does not include current use of, nor addiction to, a controlled substance.

Dog Kennel. An establishment other than a pound or animal shelter where dogs or dogs and cats are maintained for boarding, training or similar purposes for a fee or compensation.

Dwelling, Detached. A dwelling which is not attached to any other dwelling by any means.

Dwelling Unit. A group of rooms constituting all or part of a dwelling which are arranged, designed, used, or intended for use exclusively as living quarters for one family and an aggregate of not more than two roomers or boards, and which include cooking, sleeping and sanitary facilities.

Easement. A right given by the owner of land to another party for specific limited use of that land, especially to allow utility facilities or to allow access to another property.

Family. One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons but not exceeding four (4) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family.

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

Fence, Solid. A fence, including solid entrance and exit gates, which effectively conceals from viewers, in or on adjoining properties and streets, materials stored and operations conducted behind it.

Fire Department. The Country Club Hills Fire Protection District.

Floor Area. For the purpose of determining the floor area ratio, conversions or existing structures, and maximum size of business establishments:

The sum of the gross horizontal areas of the several floors measured in square feet, including the basement floor, but not including the cellar floor, of the building; measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings.

The floor area of a building shall also include elevator shafts and stairwells at each floor; floor space used for mechanical equipment except equipment, open or enclosed, located on the roof; penthouse; attic space having headroom of seven feet six inches (7'6") or more; interior balconies and mezzanines; enclosed porches; and floor area devoted to accessory uses; provided that any space devoted to off-street parking or loading shall not be included in floor area.

Floor Area. For the purpose of determining off-street parking and off-street loading requirements:

The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to a use requiring off-street parking or loading. This area shall include accessory storage areas located within a selling or working space, such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However; floor area for the purpose of determining off-street parking spaces shall not include floor area devoted primarily to storage purposes (except as otherwise noted herein); nor floor area devoted to off-street parking or loading facilities, including ramps, aisles, and maneuvering space; nor basement floor area other than area devoted to merchandising activities, to the production or processing of goods, or to business or professional offices.

Floor Area Ratio (FAR). The numerical value obtained through dividing the gross floor area of a building or buildings by the lot area on which such building or buildings are located.

Garage, Private (Residential). An accessory building or an accessory portion of the principal building, including a carport which is intended for and used for storing 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 the automotive vehicles is carried on; provided that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one or two car capacity may be so rented.

Garage, Public. A building, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.

Garage, Repair. Any building where automotive vehicles are painted, repaired, rebuilt, reconstructed, or stored, or otherwise serviced for compensation.

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

Gross Foundation Area Or Ground Floor Area. The lot area covered by a building measured from the exterior faces of exterior walls but excluding open terraces, porches, and carports.

Halfway House. A temporary residential living arrangement for persons who are receiving therapy and counseling, from support staff who are present at all times residents are present, to help them recuperate from the effects of drugs or alcohol addiction.

Home Occupation. A gainful occupation or profession conducted by a resident, as an accessory use in the resident's dwelling unit.

Hospice. A temporary residential living arrangement for persons with a disease that requires full-time support, therapy and/or treatment.

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

Hotel, Apartment. A hotel in which at least fifty percent (50%) of the hotel accommodations are occupied by permanent guests for thirty (30) days or more.

Junk Yard. An open area where waste, or used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes an auto-wrecking yard, but does not include uses carried on entirely within enclosed buildings.

Livable Area. All areas of at least seven feet, six inches (7'6") of unobstructed height with completely finished walls, ceilings and floors that are heated and insulated, that are provided with electrical and plumbing facilities as required by Ordinance and that meet the lighting and ventilation requirements of the Ordinances. Livable area shall be measured from the exterior face of each dwelling unit's exterior walls, and from the center-line of common walls between dwelling units or between dwelling units and common areas. Common areas or areas that are used jointly by occupants of more than one dwelling unit, such as hallways, stairways, furnace rooms, heater rooms, air conditioning rooms, utility rooms, equipment rooms and storage rooms, shall not be considered livable areas.

Areas with unfinished walls, ceilings, or floors that could be insulated and that have provisions for heating, electrical wiring, and plumbing and could meet the light and ventilation requirements of our Ordinances may receive credit for fifty percent (50%) of the area. Attached garages may receive credit for twenty-five percent (25%) of the area.

Loading Berth. That area used by trucks or other vehicles for receipt or distribution of materials or merchandise.

Lodging Room. A room rented as sleeping living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, each room shall be counted as one lodging room.

Lot. A parcel or tract of land (where the boundaries and dimensions of such parcel or tract of land are entered on the current maps of record of the County of Cook) located within a single block, occupied by or intended for occupancy by one principal building or principal use, and having it principal frontage upon a street.

Lot Area. The total area within the lot lines of a lot, excluding any street or alley rights-of-way.

Lot, Corner. A 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 does not exceed one hundred thirty-five (135) degrees.

Lot Depth. The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.

Lot, Interior. A lot situated with the front lot line along a dedicated street and the side and rear lot lines abutting adjoining lots, or unsubdivided property.

Lot Line. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

Lot Line, Front. That boundary of any lot which is along an existing or dedicated street lot line. On corner lots the front lot line shall be the boundary line along such street lot line that is established at the time of application for a building permit as the front lot line.

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

Lot Line, Side. Any boundary of a lot which is not a front or rear lot line.

Lot, Reversed Corner. A corner lot where the street-side lot line is substantially a continuation of the front lot line of the first lot to its rear.

Lot, Through. A lot which has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines, but in the case of two or more contiguous through lots, there shall be a common front lot line.

Marquee (Canopy). A roof-like structure of permanent nature which projects from the wall of a building and may overhang the public way.

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

Motor Freight Terminal. A building or premises in which freight is received or dispatched by motor vehicle. A terminal may include facilities for the temporary storage of loads prior to trans-shipment.

Motor Vehicle. Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets, alleys, or other public ways.

Multiple-Family Dwelling. A building containing two or more dwelling units, primarily used for one or more permitted residential uses or occupied by more than one family.

Noxious Matter. Material which is capable of causing injury or malice to living organisms or is capable of causing detrimental effects upon the health or the psychological, social, or economic well-being of human beings.

Nursing Home (Rest Home). An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advance age, chronic illness or infirmity, are unable to care for themselves.

Odorous Matter. Any matter that produces an olfactory response in a human being.

Open Sales Lots. Any land used or occupied for the purpose of buying and selling merchandise, including, but not limited to passenger cars, trucks, motor scooters, motorcycles, boats, and monuments, or for the storing of same prior to sale.

Operator. An individual or individuals operating a Day Care Home from the residence.

Particulate Matter. Material which is suspended in or discharged into the atmosphere in finely divided form as liquid or solid at atmospheric temperature and pressure, including, but not limited to dust, smoke, fumes, mist, spray and fog.

Party Wall. A commonly shared wall between two separate structures, buildings or dwelling units; such a wall contains no openings and extends from its footing below finished ground grade to the height of the exterior surface of the roof.

Planned Development. A unified development in single ownership or control and which includes two or more principal buildings where the specific requirements of a given district may be modified.

Premises. A lot, parcel, tract or plot of land together with the buildings and structures thereon.

Research Laboratory. 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 incidental to the main purpose of the laboratory.

Residential Building. A building arranged, designed, used or intended to be used for residential occupancy.

Rooming House (Boarding House or Tourist Home). A building, or portion thereof, containing lodging rooms which accommodate three or more persons who are not members of the keeper's family; and where lodging rooms, or meals, or both, are provided for compensation.

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

Setback (Building Setback). The line indicating minimum horizontal distance between the property line and building, at the front, side and rear of the lot.

Shopping Center. A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on site, provision for good delivery separated from customer access, aesthetic considerations and protection from the elements.

Sign. Any structure, vehicle, device, or any part thereof, which shall be used to identify, advertise, or attract attention to any product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry, or business and which shall display or include any letter, word, model, number, banner, flag, pennant, insignia, device or representation used as an announcement, direction, or advertisement, and which is intended to be seen by persons in the public right-of-way.

A.

Advertising Sign. A sign which directs attention to a business, commodity, service, activity, idea, slogan, or entertainment, conducted, sold, offered or available elsewhere than upon the premises where such sign is located or to which it is affixed.

B.

Business Sign. A sign which directs attention to a business, commodity, service or activity, idea, slogan, or entertainment conducted, sold, offered or available upon the premises where such sign is located or to which it is affixed.

C.

Ground Sign. A sign which is supported by upright or braces or some object on the ground, with not more than two (2) feet of clear space between the bottom of the face of the sign and the grade beneath the sign face.

D.

Identification Sign. A wall sign used to display identify the name, nature, logo, trademark or other identifying symbol of the individual, business, profession, organization, or institution occupying the premises upon which such sign is located

E.

Pole Sign. A sign that is supported by one or more structurally engineered pole(s).

F.

Residential Development Sign. A sign placed at the major entrances to a subdivision or a Planned Unit Development identifying that subdivision or Planned Unit Development.

G.

Real Estate Sign. A business sign placed upon a property advertising that particular property for sale or for rent or for lease.

H.

Wall Sign. A business sign attached directly to a building wall.

I.

Window Sign. A temporary or permanent sign which is visible to persons in the public right-of-way and which is placed within or on the outside of a window or on the inside of a glass window, or on the inside of a building and within one (1) foot of a window or one that can be seen from the outside of a building.

Sign Area. The entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure.

Sign Face. The surface of a sign or sign board upon, against, or through which a message is displayed.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above; of if there is no floor and the ceiling next above. A basement shall be counted as a story, and a cellar shall not be counted as a story.

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

Street (Avenue, Place, Road, Terrace, Parkway, Etc.). A right-of-way not less than twenty (20) feet wide which affords a primary means of access to abutting property.

Strip Development. A commercial or retail development, usually one store deep, that fronts a major street.

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

Structure. Anything erected, the use of which requires more or less permanent location on the ground, or attached to something having permanent location on the ground. An advertising or business sign or other advertising device, if detached or projecting, shall be construed to be a separate structure.

Substantial Alteration. Work involving the removal or replacement of twenty-five percent (25%) or more of the structural members of any building as part of a single remodeling, or repair; or involving expansion of the total floor area.

Tattoo Establishments. An establishment, the principal purpose of which is to offer the insertion of pigment under the surface of the skin of a human being by puncturing with a needle or otherwise, so as to produce an indelible mark, symbol or figure visible through the skin.

Taverns (Cocktail Lounge). An establishment where liquors are sold to be drunk on the premises.

Toxic Material. A substance (liquid, solid, or gaseous) which by reason of an inherent deleterious property, when emitted in any amount, is injurious to living organisms of plants, animals, and human beings.

Trailer. Any vehicle, house car, camp car, or any portable or mobile vehicle on wheels, skids, or rollers or blocks, either self-propelled or propelled by any other means, which is used for living, sleeping, or commercial purposes.

Trailer Park. Any premises on which are parked two or more trailers, or any premises used or held out for the purpose of supplying to the public a parking space for two or more such trailers. Does not include sales lots on which automobiles or unoccupied trailers, new or used, are parked for the purpose of inspection or sale.

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

Use, Accessory. A subordinate use, such as a private garage, which is clearly and customarily incidental to the principal use of a building or premise, and which is located on the same lot as the principal building or use except for such accessory parking facilities as are specifically authorized to be located Ordinance's enactment.

Use, Permitted. Any building, structure, and use which, on the effective date of this Ordinance, complies with the applicable regulations governing permitted uses of the zoning district in which such buildings, structure, and use is located.

Use, Principal. The main use of land or building as distinguished from a subordinate or accessory use.

Use, Special. 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 this Zoning Ordinance and authorized by the Zoning Board of Appeals.

Variance. A grant of relief to a property owner from compliance with certain provisions of a Zoning Ordinance (see Section 15.10.03).

Wireless Communication Service Facilities. A wireless communication facility includes all facilities that consist of a combination of improvements and equipment that is operated pursuant to applicable federal cellular radio licenses and that includes (i) one or more antenna devices by which cellular radio signals are transmitted or received, or both, (ii) a combination of a supporting structures (which may be an antenna tower or some other type of structure) and one or more devices by which antenna devices are held, mounted and attached, (iii) an equipment building or room or one or more equipment enclosures that house equipment which operates in conjunction with the antenna device, and (iv) one or more items of ancillary equipment such as, without limitation, attachment appliances and hardware and signal transmission cable, related to the use of the radio frequency spectrum for the purposes of transmitting or receiving radio signals and may include, but is not limited to radio towers.

Yard. An open space on the same lot with a building or building group lying between the front, rear, or side wall of a building and the nearest lot line, unoccupied except for projections and other specific minor uses or structures allowed in such open space under the provisions of this Ordinance.

Yard, Front. A yard extending back from the front line between side lot lines to the front of the principal building. On corner lots, either street lot line may be established as the front lot line, without regard to location of the main entrance of the principal building.

Yard, Rear. The portion of the yard on the same lot with the principal building, located between the rear of the building and the rear lot line, and extending for the full width of the lot, provided that in those locations where an alley is platted, but not constructed, in the rear of the lots, one-half (½) of the width of the platted alley may be included in the rear yard requirements.

Yard, Side. A yard extending along a sideline between the front and rear yards, except a side yard adjoining a street shall extend from the rear line of the building to the rear lot line.