In the construction of this Ordinance, the rules and definitions contained in this Article shall be observed and applied except when the context clearly indicates otherwise.

   14.01-A Words used in the present tense shall include the future tense.

   14.01-B Words used in the singular shall include the plural and the plural the singular.

   14.01-C The words "shall" and "will" are mandatory and not discretionary.

   14.01-D The word "may" is permissive.

   14.01-E The word "lot" shall mean a zoning lot, unless otherwise defined herein.

   14.01-F The word "structure" shall include the word "building."

   14.01-G The phrase "used for" shall include the phrases "intended for," "designed for," "occupied for," "maintained for," and "arranged for."

   14.01-H The word "person" shall include the words "individual," "corporation," "governmental agency," "trust," "estate," "partnership," "association," "ventures," "joint ventures," or any other legal entity.

   14.01-I The masculine gender includes the feminine and the neuter.

   14.01-J All measured distances, expressed in feet, shall be to the nearest foot; if a fraction is one-half (1/2) foot or less, the full number next below shall be used. If a fraction is more than one-half (1/2) foot, the next full number above shall be used.

   14.01-K All measurements shall include the metric equivalent.

   14.01-L Unless otherwise specified, all distances shall be measured horizontally.

   14.01-M Terms and words, unless otherwise defined herein, shall be defined as in Webster's New Collegiate Dictionary - 1975.

   14.01-N Attic measurement shall be taken from the underside of the roof framing to the top of the ceiling framing of the area below.(Ord. O-09-20)

   ABUTTING: Lying immediately next to, sharing a common wall or lot line or separated only by a street or alley.

   ACCESSORY BUILDING, STRUCTURE, OR USE: An "accessory building," "accessory structure" or an "accessory use" is one which:

      a.   is subordinate to and serves a principal building or use;

      b.   is subordinate in area, extent or purpose to the principal building or principal use served; and is located on the same lot as the principal building or principal use served, with the single exception of such off- street parking areas as may be permitted to locate elsewhere than on the same lot as the principal building or principal use served.

   An "attached" accessory building or structure is one which is permanently affixed to or abutting the principal building. All others shall be termed "detached" accessory buildings or structures.

   ADJACENT: To lie near, close to or in the vicinity of.

   ADVERTISING STRUCTURE, OTHER: Any marquee, fixed canopy, fixed or retractable awning, which includes as a part thereof, any sign as herein defined.

   ALLEY: A public right-of-way which affords a secondary means of access to abutting properties. An alley shall not be considered a street.

   ALTERATION: Any change in size, shape, occupancy or use of a building or lot.

   AREA, GROSS: The total area of all property to be included in an application for a Planned Unit Development, excluding any property currently controlled as public right-of-way.

   ATTIC: (Ord. O-09-20)

The finished or unfinished space in a building located within the roof framing and the bottom of the ceiling framing of the area below.

   AUTOMOBILE CONVENIENCE FOOD SHOP: (Ord. O-88-08)

Any premises used for the sale at retail to the public of gasoline stored in underground tanks which offers or includes as any accessory use the retail sale of merchandise (including but not limited to food and beverage) not necessarily related to the maintenance, service or repair of motor vehicles, which premises does not offer to perform any manner of automobile maintenance, service or repair. No outside storage or display of merchandise shall be permitted on such premises except on a temporary or promotional basis as permitted by the Village in accordance with applicable ordinances. The total area of the principal building (as measured in square feet) shall not exceed five percent (5%) of the lot area of the zoning lot.

   AUTOMOBILE LAUNDRY: A building or section thereof containing facilities for washing more than two motor vehicles, using production line methods or mechanical devices; or providing space, water and equipment for the hand washing of motor vehicles, either by the customer or the operator.

   AUTOMOBILE SERVICE STATION: (Ord. O-89-10)

Any premises used for the sale at retail to the public of gasoline stored in underground tanks, kerosene, lubricating oil, grease, tires and minor accessories and not more than five (5) service bays for automobiles but not including major repairs and including washing without production-line methods. The sale of certain impulse, prepackaged snack food items designed to be eaten off the premises shall be permitted as accessory to the principal use of the premises. Such snack food items include, but are not limited to, candy, pop, whether dispensed into individual glasses or sold in bottles and cans, coffee, sandwiches, chips and other items usually and customarily sold in service stations such as cigarettes, papers and auto accessories.

   BASEMENT: A story, partly underground, having not more than one-half (1/2) of its clear height below the average grade of the adjacent ground.

   BEAUTY SHOP: (Ord. O-13-02) An establishment where hair is washed, cut, dyed, and/or styled. May include ancillary services such as manicures, pedicures and massage.

   BERM, BERMING: A hill or contour of land that acts as a visual barrier between a lot and adjacent properties, alleys or streets.

   BLOCKS: A tract of land bounded by streets, or a combination of streets and public parks, golf courses, cemeteries, railroad rights-of-way, or shorelines of waterways. A block may be located, in part, beyond the boundaries of the Village of Deerfield.

   BOARD OF TRUSTEES: The Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois.

   BOAT: Any unit that is used for water travel or pleasure including the trailer for towing it.

   BUFFERING: Any means of protecting abutting properties from the visual or auditory effects of a different or more intense use. "Buffering" may include, but is not limited to, berming, fencing, landscaping, providing greater setbacks or providing open spaces.

   BUILDING: Any structure built for the enclosure, shelter, support or protection of persons, animals or property of any kind and which is permanently affixed to the ground. The term "building" shall not include fences.

   BUILDING CODE: The Building Codes of the Village of Deerfield as specified in the Municipal Code.

   BUILDING COMMON ENTRANCE: Any office building which utilizes a limited number of entrances to access the offices within the building. Such buildings provide internal access to the individual offices by means of a lobby, atrium area, elevator, or corridor. (Ord. O-88-49)

   BUILDING, COMPLETELY ENCLOSED: Any building separated on all sides from the adjacent open space, or from other buildings, 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 completely surrounded by open space.

   BUILDING, NONCONFORMING: Any legally established building which does not comply with all the regulations concerning yards, height, lot coverage and off-street parking and loading of the district in which such building is located.

   BUILDING, PRINCIPAL: A non-accessory building in which the principal use is conducted.

   BUILDING, SEPARATE ENTRANCE: Any office building which utilizes separate entrances from the outside to access the individual business within the building but in no event more than four (4) such businesses. (Ord. O-88-49)

   BULK: A composite term used to indicate the size and setbacks of buildings and their location with respect to one another and including the following:

      a.   Size and height of buildings;

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

      c.   Floor area ratio;

      d.   All open spaces allocated to buildings; and

      e.   Amount of lot area provided per dwelling unit.

   CANNABIS: Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indicia, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means concentrate and cannabis-infused products. (Ord. O-19-35)

   CARDHOLDER: A qualifying patient or a designated caregiver who has been issued and possess a valid registry identification card by the Department of Public Health. (Ord. 0-15-11)

   CARPORT: An open-sided, roofed automobile shelter.

   CARRY OUT FOOD SERVICE: A food and beverage establishment in an I-1 Planned Unit Development where the food service is primarily for consumption off-premises. (Ord. O-21-22)

   CAR WASH: See "Automobile Laundry."

   CHILD ENRICHMENT CENTER: A facility that offers instruction in a range of at least five of the following classes: art, dance, drama, voice, music, academics, fitness, fashion design, jewelry making, and similar instructional classes. Performances, theater productions, parties, and camps may be provided when approved as part of the facility. (Ord. O-12-05)

   CLINIC: See "Facility" (Ord. O-85-09)

   COMMERCIAL VEHICLE: (Ord. O-80-42) Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, For-Hire or Not-For-Hire not including, however, a recreational vehicle not being used commercially.

   CONSTRUCTION AND ENGINEERING INNOVATION LAB: (Ord. O-18-49) A facility use for the purpose of showcasing of construction and engineering innovations and products, which may include activities such as product demonstrations, seminars, workshops, and meetings.

   CONVALESCENT HOME: See "Nursing Home."

   CONVENIENCE STORE: (Ord. O-13-02) A retail establishment which is designed for the sale of primarily prepackaged products in low volumes per sale, that generally includes milk, bread, soda, and snacks or similar convenience items.

   CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure, and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization, use at a processing organization, or recreational cannabis dispensary. (Ord. O-19-35)

   CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport, and perform other necessary activities to provide cannabis and cannabis-infused products to cannabis business establishments or dispensaries. (Ord. O-19-35)

   CURB LEVEL: The level of the established curb in front of a structure measured at the center of such front. Where no such curb elevation has been established, the elevation of the crown of the access roadway fronting the center of the lot shall be considered the curb level.

   DEDICATION: The designation of land to some public use, made by the owner, and accepted for such use by a municipality.

   DENSITY: The average number of persons, families or dwelling units per unit of area.

   DESIGNATED CAREGIVER: A person who: (1) is at least 21 years of age; (2) has agreed to assist with a patient's medical use of cannabis; (3) has not been convicted of an excluded offense; and (4) assists no more than one registered qualifying patient with his or her medical use of cannabis. (Ord. 0-15-11)

   DEVELOPMENT: The construction, reconstruction, conversion, substantial structural alteration, or substantial enlargement of any building(s) housing the primary use of the property.(Ord. O-02-09)

   DIRECTOR OF BUILDING AND ZONING: The "Director of Building and Zoning" shall mean the person appointed by the Board of Trustees as the Director of the Building and Zoning Department or in his absence, his authorized representative.

   DISPENSARY: The physical premises from which a dispensing organization will dispense cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients. (Ord. 0-15-11) The physical premises from which a dispensing organization or recreational cannabis dispensary will dispense cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act, 401 ILCS 130/1 et seq., or customers pursuant to the Cannabis Regulation and Taz Act, Public Act 101-0027, as each may be amended. (Ord. 0-19-35)

   DISPENSING ORGANIZATION: means a facility operated by an organization or business that is licensed by the Department of Financial and Professional Regulation to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies under the Compassionate Use of Medical Cannabis Pilot Program Act, 401 ILCS 130/1 et seq., to purchasers or to qualified registered medical cannabis patients and caregivers. (Ord. 0-19-35)

   DISPENSING ORGANIZATION (OR, "MEDICAL CANNABIS DISPENSING ORGANIZATION"): An organization that received Dispensing Organization Authorization Registration from the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center and to operate a dispensary within a dispensing organization district that includes territory within Village limits for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients. (Ord. 0-15-11)

   DWELLING, MULTIPLE-FAMILY: A building designed exclusively for human habitation containing three (3) or more dwelling units.

   DWELLING, SINGLE-FAMILY: A building designed exclusively for human habitation containing one (1) dwelling unit and used by one (1) family.

   DWELLING, SINGLE-FAMILY ATTACHED: A dwelling which is joined to another dwelling on one or more sides by a vertical party wall or walls, and originally constructed for said purposes.

   DWELLING, TWO-FAMILY: A building designed exclusively for human habitation containing two (2) dwelling units.

   DWELLING UNIT: One or more rooms, including individual bathroom and kitchen facilities, which are arranged, designed or used as living quarters for one family.

   EASEMENT: A recorded agreement whereby a property owner grants the use of air, land or mineral rights for a specific purpose.

   ELDERLY AND/OR HANDICAPPED, HOUSING FOR: New construction of multiple-family dwelling units or remodeling of existing multiple-family dwelling units, the occupation of which shall be limited to persons 62 years of age or more or handicapped persons irrespective of age; provided that if two or more persons occupy a unit, at least one shall be either 62 years of age or more or handicapped. Preference for occupation of this type of housing shall be accorded to residents of Deerfield and their families to the extent permitted by state and federal laws and regulations.

Any special use permit authorizing construction or conversion of Elderly and/or Handicapped Housing units shall contain provisions setting forth the foregoing requirements and restrictions.(Ord. O-79-80)

   ENCLOSED, LOCKED FACILITY: A room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients. (Ord. 0-15-11)

   ESSENTIAL SERVICES ANTENNA SUPPORT STRUCTURE: A freestanding structure, constructed without lattice-type construction, used to support antennae, which antennae communicates exclusively with public utility transmission and distribution equipment. Essential Services Antenna Support Structures do not include any structures that are used, either in whole or in part, to support or hold equipment for third parties or for communications made for purposes other than to support public utility transmission or distribution. (Ord. O-21-20)

   EXTENDED STAY LODGING FACILITY: (Ord. O-88-13)

A building or buildings containing not less than seventy-five (75) nor more than one hundred fifty (150) individual living units providing overnight lodging facilities which are available to the general public for compensation, in which each living unit includes a kitchen area and kitchen facilities in addition to living, sleeping and bathroom areas and facilities. Each living unit may have an individual, direct entrance from outside of the unit; provided, however, that the development includes a central lobby/registration facility supervised by a person in charge at all hours. In addition to those uses which are provided primarily for the comfort and accommodation of guests of the facility and which are customarily and historically accessory to the extended stay lodging facilities or to hotels, accessory uses may include the following:

      a.   recreational and social facilities, including a swimming pool and exercise areas which are limited to hotel guests and their visitors and other facilities approved by the President and Board of Trustees:

      b.   laundry and housekeeping facilities; and

      c.   vending machine areas

   FACILITY: Offices of health professionals which contain facilities for examination and treatment of    patients but not for their lodging. (Ord. O-85-09)

   FAMILY: One person, or two or more persons related by blood, marriage or legal adoption (including foster children), or a group of not more than five persons not all so related, together with domestic servants, maintaining a common household in the same dwelling unit.

   FENCE: A barrier at grade, used as a boundary or means of protection or confinement. The term "fence" shall include but is not limited to walls, railings and similar items.

   FENCE, SCREENING: A fence which conceals activities conducted behind it from view from adjoining properties, alleys or streets.

   FLEXIBLE USE OFFICE/INDUSTRIAL FACILITY: (Ordinance O-87-40) A multiple use facility containing offices (which are not accessory to any other permitted or Special Use) and I-2 Limited Industrial District uses.

   FLOOR AREA: The sum of the total areas of the stories of a building measured from the exterior of walls or from the center line of walls separating buildings.

   FLOOR AREA RATIO (FAR): (Ord. O-03-32) The ratio, expressed as a decimal, of the amount of floor area of structure against the area of the lot.

   FOOD STORES: (Ord. O-13-02) Stores which sell a variety of foods and other items commonly sold in connection therewith. The term "food store" shall include, but is not limited to, stores commonly referred to as fruit and vegetable markets, health food stores, grocery stores, and supermarkets. This term shall not include services for the consumption of food on the premises.

   FRONT FACE OF THE BUILDING: (Ord. O-03-32) The front of a building is that portion of the building facing the front lot line.

   GARAGES: An accessory structure intended for storing motor vehicles.

   GRADE: Average level of the finished surface of the ground adjacent to the exterior walls of a structure.

   GRADE, PRE-DEVELOPMENT: (Ord. O-03-32) The vertical elevation of a property prior to any demolition of buildings on the property, prior to the construction of any buildings on the property, or prior to any construction which increases the footprint of a building on the property, determined as provided in this Ordinance, which serves as the base point for measuring the allowable height of a building.

   The pre-development grade is whichever of the following base points is at the highest elevation:

      (i)   the average pre-development grade of the property at the front face of the building;

      (ii)   the average pre-development grade of the property at the corner side face of the building; or

      (iii)   the average pre-development grade of the property at the front or rear face of the building on a thru-lot.

   The pre-development grade for a property shall be established by a topographic survey. The topographic survey must show the topography of the property prior to any demolition of buildings on the property and/or prior to any construction which increases the footprint of the building on a property. If no pre-development grades are available, then the grade to be used as the base point shall be determined by the Director of Community Development and the Village Engineer. Where there is a grade change along the front of the building, the pre-development grade is the average of the elevations at the two front corners of the building.

   GREEN DRY CLEANER: (Ord. 0-14-3) A dry cleaner establishment that meets all of the following criteria: (i) does not use perchloroethylene in the cleaning process; (ii) uses only drycleaning machines with solvent reclaimers; and (iii) drycleaning solvents are only delivered and picked-up by state licensed professionals.

   HEIGHT: (Ord. O-03-32),(Ord. O-06-32) The vertical distance as measured from the pre-development grade for a property, to the highest point of the coping of a mansard roof or a flat roof, to the highest point of a hipped roof, to the highest gable of a pitched roof, to the ridge of the gable or hip roof, or to the highest point of a turret or ornamental tower, whichever point is higher. If no pre-development grade is available, the grade to be used as the base point shall be determined by the Director of Community Development and the Village Engineer. Chimneys and stack pipes are excluded in determining the height of a building. The "height" of a fence or the "height" of a structure that is not a building is the vertical distance from grade at the base of the fence or other structure to the highest point of such fence or other structure.

   HOME OCCUPATION: Any use conducted within a dwelling unit and its permitted accessory buildings which is clearly incidental and secondary to the use of such buildings as a dwelling and which complies with all the regulations of this Ordinance, and particularly those of Article 2. Garage sales and home sales shall not be considered home occupations.

   HOTEL: A building containing not less than 75 and not more than 300 individual sleeping rooms or suites for the purposes of providing overnight lodging facilities to the general public for compensation and in which the principal means of ingress and egress to and from all rooms is made through an inside lobby supervised by a person in charge at all hours and which provides a common entrance, halls and stairways. Accessory uses, except as modified by an other provisions of this Ordinance, shall be limited to those uses customarily and historically accessory to a hotel and provided primarily for the comfort and accommodation of guests of the hotel. (Ordinance 0-84-54)

   HOTEL - C-2 OUTLYING COMMERCIAL DISTRICT: (Ord. O-84-40) A building containing not less than 75 or more than 150 individual sleeping rooms or suites for the purposes of providing overnight lodging facilities to the general public for compensation and in which the principal means of ingress and egress to and from all rooms is made through an inside lobby supervised by a person in charge at all hours and which provides a common entrance, halls and stairways. Accessory uses shall be limited to those uses customarily and historically accessory to a hotel and provided primarily for the comfort and accommodation of guests of the hotel.

   INFUSER ORGANIZATION or INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product. (Ord. O-19-35)

   LANDSCAPED SCREENING: A dense non-deciduous planting of a thickness sufficient to form a visual barrier between the properties involved.

   LEGAL DESCRIPTION: (Ord. O-11-46) Shall mean, for a public notice purposes under Article 12 or Article 13 of this Ordinance, (i) the common street address or addresses, and (ii) the property index number ("PIN") or numbers of all parcels of property included within the subject property. "Legal Description" shall also mean a metes and bounds legal description of the subject property if a street address is not available for parcels of property included within the subject property.

   LOT: A single tract of land within a block under unified ownership or control.

   LOT, BUILDABLE AREA: That portion of a lot bounded by the required yards.

   LOT, CORNER: A lot situated at the intersection of two (2) streets, the interior angle formed by such intersection not exceeding 135 degrees.

   LOT, REVERSE 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 having opposite lot lines along two more or less parallel streets.

   LOT, ZONING: A single tract of land located within a single block and undivided by a public street or right-of-way, which at the time of filing of an application for a building or use permit is noted by its owner as a tract to be used, developed or built upon under unified ownership or control.

   LOT AREA: The area of a horizontal plane bounded by the front, side and rear lot lines of a lot.

   LOT COVERAGE: The area of a lot occupied by all principal and accessory buildings.

   LOT LINE: The property boundary line of a lot.

   LOT LINE, FRONT: That lot line which abuts a street. On a corner lot, the front lot line shall be the lot line having the shorter length abutting a street.

   LOT LINE, REAR: That lot line which is most distant from and parallel to or most nearly parallel to the front lot line. In an irregularly shaped lot, the rear lot line shall be a line at least ten feet in length within the lot, parallel to and at the maximum distance from the front yard line.

   LOT LINE, SIDE: Any lot line which is not a front yard line or a rear yard line.

   LOT OF RECORD: (Ord. O-94-04)

      1.   A lot which is part of a subdivision, the plat of which has been recorded in the Office of the Recorder of Deeds of Lake or Cook Counties, Illinois.

      2.   A separate tract, the title of which had been recorded in the Office of the Recorder of Deeds of Lake County, Illinois prior to April 7, 1956, which was originally developed prior to April 17, 1978, and which is currently developed with a single family residence as of the date of the adoption of this amendment to the zoning ordinance. If the date of the separation and/or the development of the tract cannot be established with certainty from government records, the Director of Community Development shall make a final determination as to these matters.

   LOTS-IN-DEPTH: A numbered lot in a recorded subdivision or resubdivision which is located adjacent to and directly behind another numbered lot in that subdivision or resubdivision. The Lot-in-Depth derives its only access to a public street by an access strip narrower than the lot width required by the underlying zoning district. (Note: This type of subdivision is sometimes referred to as a "flag lot subdivision.") (Ord. O-90-43)

   LOT WIDTH: (Ord. O-06-32) The width of a lot shall be measured between opposite side lot lines at right angles to a centerline drawn equal distance between the side lot lines starting at the midpoint of the front property line and ending at the midpoint of the rear property line. The lot width shall be measured at the point where the lot meets the required lot width for the district in which the lot is located. That point of measurement shall establish the minimum front yard setback, provided that in no case shall the front yard setback be less than the minimum setback required by the underlying zoning district. See the graphic description of "Lot Width Explained" incorporated in Supplement 1 to the Zoning Ordinance.

   MASSAGE SERVICES: (Ord. O-13-02) Any method of massage, bodywork or somatic therapy which consists of the manipulation of the muscular structure and soft tissue of the human body, and includes the administration of pressure on or friction against or stroking, kneading, rubbing, tapping, percussion, pounding, vibrating or stimulating the external soft tissue of the body with the hands or with the aid of mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice by a massage therapist licensed by the State of Illinois.

   MEDICAL CANNABIS CONTAINER: A sealed, traceable, food compliant, tamper resistant, tamper evident container, or package used for the purpose of containment of medical cannabis from a cultivation center to a dispensing organization. (Ord. 0-15-11)

   MEDICAL CANNABIS DISPENSING ORGANIZATION (OR, "DISPENSING ORGANIZATION"): An organization that received Dispensing Organization Authorization Registration from the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center and to operate a dispensary within a dispensing organization district that includes territory within Village limits for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients. (Ord. 0-15-11)

   MEDICAL CANNABIS INFUSED PRODUCT: Food, oils, ointments, or other products containing usable cannabis that are not smoked. (Ord. 0-15-11)

   MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is received, assembled or stored and dispatched for routing by motor truck which may include motor truck storage.

   MULTIPLE USE UNIFIED DEVELOPMENT: Lots of record located within the C-2 Outlying Commercial District with two or more principal commercial buildings or uses on a single zoning lot, but without approval of a planned unit development for each commercial building and use, provided that the lots were contiguous, lawfully developed under unified ownership and control, abutting a major arterial road, and collectively sharing a gross area of not less than 2 acres and not less than 900 linear feet of frontage on a major arterial road. (Ord. 0-18-05)

   MUNICIPAL CODE: The Municipal Code of the Village of Deerfield.

   NONCONFORMING BUILDING OR STRUCTURE: Any building or structure and the use thereof or the use of land that does not conform with the regulations of this ordinance or any amendment hereto governing use in the district in which it is located, but conformed with all of the codes, ordinances and other legal requirements applicable at the time such building or structure was erected, enlarged, or altered, and the use thereof or the use of land was established.

   NURSING HOME: An institution for the care of children or aged or infirm persons or a place of rest for those suffering bodily disorders. A nursing home may include rehabilitation housing for released mental or alcoholic patients where medical treatment is not provided and no longer deemed necessary, but shall not include hospitals or clinics devoted primarily to the diagnosis and treatment of disease and injury.

   OPEN SPACE: That part of a lot not devoted to buildings, structures, parking or loading areas, driveways or any principal or accessory use.

   OPEN SPACE, USABLE: An area of land or water or a combination of land and water which may include complementary structures and improvements within the site, excluding space devoted to parking, designed and intended for common use and enjoyment.

   OPEN SALES LOT: Land used or occupied for the purpose of buying, selling or renting merchandise out-of-doors.

   ORDINANCE: The Deerfield Zoning Ordinance.

   PASSENGER SHELTER: A structure designed to protect from the weather those awaiting public transportation.

   PLANNED UNIT DEVELOPMENT: An area of minimum size, as specified by the Zoning Ordinance, to be planned, developed, operated and maintained as a single entity under unified ownership or control, containing one or more principal buildings to accommodate one or more Permitted Uses or Special Uses as allowed by the underlying zoning district provisions, and appurtenant common areas and other accessory uses incidental to the principal uses as controlled by the underlying district provisions Said development may be subdivided or resubdivided pursuant to Article 12.01-B. (Ord. 0-90-36)

   POST-SECONDARY EDUCATION PROGRAM: An education program for higher learning and life skills instruction. (Ord. O-18-38)

   PRE-DEVELOPMENT GRADE: the vertical elevation of a property prior to any demolition of buildings on the property, prior to the construction of any buildings on the property, or prior to any construction which increases the footprint of a building on the property, determined as provided in this Ordinance, which serves as the base point for measuring the allowable height of the building.

   The pre-development grade is whichever of the following base points is at the highest elevation:

      (i)   the average pre-development grade of the property at the front face of the building;

      (ii)   the average pre-development grade of the property at the corner side face of the building; or,

      (iii)   the average pre-development grade of the property at the front or rear face of the building on a thru-lot.

   The pre-development great for property shall be established by a topographic survey. The topographic survey must show the topography of the property prior to any demolition of buildings on the property and/or prior to any construction which increases the footprint of the building on a property. If no pre-development grades are available, then the grade to be used as the base point shall be determined by the Director of Community Development and the Village Engineer. Where there is a grade change along the front of the building, the pre-development grade is the average of the elevations at the two front corners of the building. (Ord. O-03-32)

   PREMISES: A lot, together with all improvements thereon.

   PROCESSING ORGANIZATION or PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product. (Ord. O-19-35)

   PROPERTY LINES: See "Lot Lines"

   PUBLIC ART: A work of art created by a visual artist or public context designer that is sited in a public place for people to experience. This can include murals, sculptures, or infrastructure such as public fixtures or furniture and other functional elements that are designed and/or built by visual artists or public context designers. Public art is art that is located in public spaces and may include art in windows, art in public building atriums, and other indoor places that are generally open to the public. It is art that people encounter on a daily basis in the public sphere. (Ord. 0-15-22)

   RECREATIONAL CANNABIS DISPENSARY: The physical premises from which a cannabis, paraphernalia, or related supplies and educational materials are sold or dispensed to customers pursuant to the Cannabis Regulation and Tax Act, Public Act 101-0027, as may be amended. (Ord. O-19-35)

   RECREATIONAL VEHICLES: Any unit designed primarily for living or sleeping purposes, equipped with wheels or placed upon a wheeled device for the purpose of transporting from place to place. This term shall include, but not be limited to, camping trailers, campers, mobile homes, tent trailers, motor coaches, tent campers, and shall include, also, those wheeled devices upon which they are placed.

   REGIONAL STORM WATER FACILITY: A man-made structure for the temporary storage of stormwater runoff during time of elevated creek levels. (Ord. O-22-33)

   RESIDENTIAL DETACHED RECREATIONAL STRUCTURE: A structure erected outside for the primary purpose of children to play in or on, which structures include, without limitation, treehouses, playhouses, playsets, and swingsets. (Ord. O-20-2)

   RESTAURANT: (Ord. 0-87-19) An establishment (excluding herefrom bakeries, ice cream stores, and similar businesses) whose principal business is the sale of food and/or drink which is prepared and served for immediate consumption either within the restaurant building itself or off premises and the development of which takes the following elements into account:

      1.   A design which promotes harmonious transitions in scale and character in areas between different designed land uses.

      2.   Compatibility of design with the immediate environment of the site.

      3.   Compatibility with future construction both on and off the site.

      4.   Amount and arrangement of open space and landscaping appropriate to the design and function of the structures.

      5.   Adequate provision for safe and convenient access to the property and traffic and pedestrian circulation within the property for pedestrians, cyclists and vehicles.

      6.   Preservation and integration of the natural features of the property without and within the project.

      7.   Compatibility of the details of design with the adjacent and neighboring structures and functions.

   RESTAURANT, DRIVE-THROUGH FACILITY: (Ordinance 0-82-50) A use accessory to a restaurant where food is ordered at a remote on-site location adjacent to a traffic lane which is restricted to vehicles utilizing this service and where, after the order is placed, the vehicle continues on to a service window to pay for and pick up the food ordered.

   RESTRICTED ACCESS AREA: Shall have the meaning set forth in 68 Ill. Adm. Code 1290.10, as may be amended. (Ord. 0-15-11)

   RIGHT-OF-WAY, PUBLIC: An access way dedicated to public use.

   RIGHT-OF-WAY, RAILROAD: A strip of land with tracks and appurtenant track operational facilities.

   SELF-SERVICE STORAGE FACILITY: (Ordinance 0-87-40) A facility consisting of a building or group of buildings in a controlled access compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the dead storage of customers' goods and wares. Said facility may include an office and/or dwelling unit for a resident manager.

   SETBACK: The minimum horizontal distance between a lot line and the nearest side of a structure to such a lot line.

   SHOPPING CENTER/PLANNED UNIT DEVELOPMENT: (Ord. O-90-36, Ord. O-13-02) A Planned Unit Development containing one or more buildings which contain one or more Permitted or Special Uses as allowed under the zoning provisions of the zoning district in which the development is located. Not less than fifty (50) percent of the leasable square footage on the ground floor within the buildings within the development shall be devoted to retail business uses; provided, however, that leasable square footage within buildings located in C-2 Non-Retail Areas identified on Appendix III shall be excluded from the 50 percent retail calculation.

   SHORT-TERM RENTAL: Part or all of a dwelling or dwelling unit that is rented for transient occupancy by guests for a period shorter than 30 consecutive days. The term "short-term rental" does not include: (i) hotels or motels as defined in this Section; (ii) dwelling units in multi-unit buildings owned or rented by a business and used for transient occupancy by that business's employees; or (iii) the rental of a dwelling or dwelling unit pursuant to a rental agreement executed in conjunction with a contract to sell the dwelling unit. (Ord. O-21-18)

   SENIOR CITIZEN HOUSING: See "Elderly, Housing."

   SIDE YARD SETBACK PLANE: (Ord. 0-3-32) An imaginary plane that commences from a line at a vertical distance above grade as prescribed by this Ordinance, above and parallel to each side yard lot line on a lot, or at the established side wall of an existing house, and which then extends at a 45 degree angle towards the center of the lot until it reaches the maximum building height permitted on the lot, within which plane no building, accessory structure or other addition may be built or project into, except for such encroachments as are permitted by the applicable bulk regulations of this Ordinance.

   SIGN: Every name, identification, description, announcement, declaration, demonstration, display, flag, illustration or insignia, and the structure displaying or supporting any of the same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon land, which directs attention to an object, product, place, activity, person, institution, organization or business. The term "sign" shall not include any non-flashing, non-rotating, non-moving, non-animated device which is entirely within any enclosed building, whether or not said sign or device can be observed from the outside of the building.

   SIGN, ADVERTISING: A sign which directs attention to a profession, business, activity, commodity, service or entertainment other than one conducted, sold or offered upon the premises where such sign is located, or within the building to which such sign is affixed.

   SIGN, BUSINESS: A sign which directs attention to a profession or business conducted, or to a commodity, service, activity or entertainment sold or offered upon the premises where such sign is located or in the building to which such sign is affixed.

   SIGN, BUSINESS IDENTIFICATION: A sign which identifies the business, profession, office or development in the I-1 District. (Ord. 0-88-49)

   SIGN, CONSTRUCTION: Any sign, identifying individuals or companies involved in design, construction, wrecking, financing or development when placed upon the premises where work is under construction, but only for the duration of the construction or wrecking. Such signs are not intended to be marketing signs but are intended only to provide information as outlined above. (Ord. 0-90-56)

   SIGN FACE: (Ord. 0-89-66) The surface of the sign upon, against or through which the message of the sign is exhibited which includes but is not limited to the area which contains the elements of the sign such as any lettering, representations, emblems, logos or other figures or messages together with any material or color which is an integral part of the display or which is used to differentiate the sign from the background against which it is placed. All signage elements and/or signage panels comprising the sign face shall lie on the same plane or on parallel planes facing the same direction. Gaps or space between signage elements or signage panels constitute part of the sign face. ( See Appendix II)

   SIGN, FLASHING: Any illuminated sign on which the artificial light or lights are not maintained stationary or constant in intensity and color at all times when such sign is illuminated. For the purpose of this Ordinance, any moving illuminated sign shall be considered a flashing sign. A sign whereon the time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the color or intensity of light is constant except for periodic changes, limited to the numerals indicating the time and/or temperature, which occur not more frequently than once every three (3) seconds.

   SIGN, GROUND: Any sign or other advertising structure, supported by a pole, pylon or uprights or braces, or placed upon the ground and not attached to any building or structure.

   SIGN, ILLUMINATED: Any sign which has characters, letters, figures, designs or outline illuminated by electric lights, luminous tubes or any other means of artificial illumination.

   SIGN, INSTRUCTIONAL: Any sign which notifies or instructs the public as to limitations or regulations relating to designated uses of certain parcels of property or public or private streets or rights-of-ways, and including warning signs, exit signs, traffic signs and directional signs for parking or parking restrictions.

   SIGN, MOVING: Any sign which revolves, rotates, swings, undulates, or otherwise attracts attention by moving parts, whether operated by mechanical equipment or by natural sources, but not including flags or banners.

   SIGN, PROJECTING: Any sign which is attached to a building or other structure and extends beyond the line of said building or structure or beyond the surface of that portion of the building or structure to which it is attached by more than twelve (12) inches.

   SIGN, READER BOARD: (Ord. 0-85-53) (Ord. 0-86-22) Any advertising structure having changeable copy for the purpose of advertising special events, sales, or to change on a regular basis, except church bulletin boards, theater marquees and other permanent reader board signs with changeable copy.

   SIGN, ROOF: Any sign erected, constructed and maintained upon or over the roof or top of the wall, wall tower or turret of any building with the principal support on the roof structure.

   SIGN, TEMPORARY: Any sign, banner, pennant, valance or advertising display that by intent is not permanent, constructed of cloth, canvas, lightweight fabric, cardboard, wallboard, or other lightweight materials with or without frames, intended to be displayed for a short period of time only.

   SIGN, WALL: Any sign attached to and supported by the exterior surface of the wall of a building or structure in a place substantially parallel to that of the supporting wall.

   SPECIAL NEEDS SCHOOL: (Ord. O-19-10) An education program offering life skill instruction for students with special needs.

   STORY: That portion of a building included between the surface of any floor and the surface of the floor next above, or if there is not floor above, the space between the floor and the ceiling next above.

   STREET: A public or private right-of-way or easement which affords a primary means of access to abutting properties. An alley shall not be considered a street.

   STRUCTURE: Anything constructed or erected which requires location on the ground or is attached to something having location on the ground. The term "structure" shall include buildings, but shall not include fences.

   STRUCTURAL ALTERATION: Any change other than incidental repairs which would prolong the life of the supporting members of a building, such as the addition or alteration of bearing walls, columns, beams, girders or foundations.

   SUBDIVISION ORDINANCE: The Subdivision Ordinance of the Village of Deerfield.

   TANNING SALON: (Ord. O-13-02) Any establishment where a room or a booth, or group of rooms or booths, houses ultraviolet lamps or products containing lamps intended for the irradiation of any part of the living body for cosmetic or non-medical related purposes. Also includes air brush spray tanning.

   TRANSPORTING ORGANIZATION: An organization or business that is licensed by the Department of Agriculture to transport cannabis on behalf of a cannabis business, dispensary, or a community college licensed under the Community College Cannabis Vocational Training Program. (Ord. O-19-35)

   USE: The purpose or activity for which the land or the buildings thereon is designed, arranged, or intended or for which it is occupied or maintained. Each business entity, occupancy or tenancy shall be deemed a single use. Two or more business entities, offices, businesses, occupancies or tenancies sharing a single building or tenant space shall be deemed two or more uses. In those instances where a single business is operating as more than one business entity, the Director of Community Development shall determine whether or not the use will be deemed a single use. (Ord. 0-90-36)

   USE, ACCESSORY: See "Accessory."

   USE, INCOMPATIBLE: A use which is adverse to other uses in a District.

   USE, NONCONFORMING: Any established use of land or a structure which is not a permitted or special use in the district in which such use is located.

   USE PERMITTED: A use which may be lawfully established in a particular district, provided that it conforms with all requirements and regulations of such district.

   USE, PRINCIPAL: The main use, either permitted or special of land or buildings as distinguished from a subordinate or accessory use.

   USE, SPECIAL: As listed in each district, a use subject to special provisions and which, because of unique characteristics, cannot be properly classified as a permitted use.

   VARIATION: An exception of the literal provisions of this Ordinance where strict enforcement of the Ordinance would cause undue hardship owing to circumstances unique to the individual property or which do not occur generally to land or buildings in the neighborhood.

   VARIETY STORE: (Ord. O-13-02) A retail establishment that offers a wide assortment of inexpensive merchandise, including health and personal care items, candy, toys, boxed or packaged foods, gifts, and housewares, but excluding resale stores, secondhand stores, consignments stores, close-out stores, liquidators, thrift stores, and flea markets.

   VENDING MACHINE: A machine for dispensing merchandise, designed to be operated by the consumer.

   WHOLESALE ESTABLISHMENT: A business establishment engaged in selling to retailers or distributors rather than to consumers.

   WINDOW AREA: The area of glazing (glass), including mullions, of a single window unit, section or bay; the set of windows between structural materials, i.e. brick columns.(Ordinance 0-07-26)

   WINDOW DISPLAY: The display of actual merchandise, products, and goods sold, as well as the means or materials necessary to display those items. Reasonably sized photographs and artwork (with no letters, words or numerals, unless included on product) may be used and placed no closer than six (6) inches from the glass. Indirect lighting with the light source concealed from public view shall be the only type of lighting allowed in a window display, except as expressly permitted for permanent signs. Among other things, the intent of the window signage regulations is to encourage creative window displays. (Ordinance 0-07-26)

   WINDOW SIGN: A sign that includes any writing (letters, words or numeral), is painted on or applied to the exterior or interior of a window, or is located within four (4) feet of a window in the interior of a structure and is plainly visible from the exterior of the structure. (Ordinance 0-07-26)

   WINDOW SIGN, TEMPORARY: A sign that is not permanent and constructed of paper, cardboard, cloth, or other lightweight fabric or material and is intended to be displayed for a short period of time. The following types of signs shall be deemed temporary signs: Promotional/Sales Signs; Community Event Posters; Help Wanted/Now Hiring Signs; Real Estate/Rent/Leasing Signs; Political Election Signs; Holiday (patriotic or religious) Signs. (Ordinance 0-07-26)

   YARD: An open space on a lot extending along a lot line and to a depth or width specified in the yard requirements of the zoning district in which such lot is located.

   YARD, FRONT: A yard bounded by the front lot line and the side lot lines to a depth specified as the front yard requirement in each district.

   YARD, REAR: A yard bounded by the rear lot line and the side lot lines to a depth specified as the rear yard requirement in each district.

   YARD, SIDE: A yard extending along a side lot line from the front yard to the rear yard to a width specified as the side yard requirement in each district.

   YARD, CORNER SIDE: A side yard which adjoins a public street.

   YARD, PERIMETER: A yard abutting the inside of the boundaries of a Planned Unit Development.