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

A.

Words used in the singular number shall include the plural number and the plural shall include the singular.

B.

Words used in the present tense shall include the past tense and the future tense.

C.

The words "shall," "will" and "must" are mandatory while the word "may" is permissive.

D.

The masculine gender includes the feminine and neuter.

E.

The word "person" shall include a firm, association, organization, partnership, trust, company or corporation as well as an individual.

F.

All measured distances and values shall be to the nearest integral number. If a fraction is one-half (½) number or more, the integral number next above shall be taken.

G.

All distances, unless otherwise stated, shall be measured horizontally.

H.

The words and phrases, "feet" and "square feet" may have assigned to them throughout the Ordinance the symbol or abbreviation of, " ′ " and "sq. ft." Where the symbol or abbreviation is used the term shall have the same affect and force.

I.

All terms not otherwise defined herein shall have the meaning ascribed to them the meaning as defined in the DuPage County Building Code as amended.

(2005 Code; Ord. No. T-2-11, Exh. 1(15), 10-11-2011)

Within the context of this chapter, the following words and terms shall have the meaning set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meaning indicated by common dictionary definition.

AC: Alternating current (electricity).

Accessory building, structure or use: A building, structure or use which:

A.

Is subordinate in floor area and use to the principal building, structure or use; and

B.

Contributes to the comfort, convenience or necessity of occupants in the principal building, structure or use; and

C.

Is located on the same zoning lot, parcel or land as the principal building, structure or use; and

D.

An accessory building, structure or use may be either detached or attached from/to the principal building, structure or use.

Accessory building, attached: An accessory building which is connected to a principal building by a party wall or a linkage building and which is constructed pursuant to all applicable building, zoning and drainage regulations for a principal building.

Accessory building, detached: An accessory building, which is surrounded by open space on the same lot as a principle building and which is not connected to the principal building. For purposes of this Code an accessory building which is connected to a principal building by a breezeway or other open-air passageway structure shall be considered detached.

Adjacent: The terms adjacent and contiguous are used as synonymous terms, and mean lots located with the same street frontage in contact with or touching another parcel of land, in contradistinction to lying across a street or alley therefrom.

Adult bookstore and/or video store: An establishment having as a significant or substantial portion of its stock in trade books, magazines, or periodicals or other printed matter, and/or photographs, films, motion pictures, videocassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or the building and/or use or service is provided to or access restricted to people age eighteen (18) years of age or older where no permit or license has been issued otherwise allowing such service to people age eighteen (18) years of age or older.

Adult business use: The use of property for the operation of a massage parlor and/or bathhouse, massage school, or any use of which a significant or substantial portion involves an activity distinguished or characterized by its emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, including, but not limited to, the operation of adult bookstore and/or video store, adult mini-motion picture theater, adult motion picture theater, adult motion picture arcade, adult motel, adult card and gift, or novelty store. For the purposes of this chapter an adult business use shall not be deemed a retail business, recreational or social facility, accessory use or general use unless the building and or use and service is provided to or access restricted to people age eighteen (18) of age or older where no permit or license has been issued otherwise allowing such service to people age eighteen (18) of age or older.

"Adult business use" shall also include any other use involving a business use that provides service(s) to patrons (either the general public or club members) that involves the use's employees performing, engaging in or conducting any of the following with a patron: a) bathing/washing; b) private modeling; c) body painting, or d) any exhibition, performance or dance intended to sexually stimulate any patron; and where the activities described in a) through d), above, are performed for, arranged with, or engaged in a location within the use's facility that is not in plain view of other persons within the facility, or not in a direct, unobstructed line of view with a manned managerial or security station, or which involve a patron exposing a Specified Anatomical Area or performing a Specified Sexual Act in view of any employee. For purposes of example and not limitation, exhibitions, performances or dances shall specifically include activities commonly referred to as striptease, table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.

Adult card, gift, or novelty store: An establishment having a significant or substantial portion of its stock in trade items, such as cards, games, and novelties which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas or the building and or use or service is provided to or access restricted to people age eighteen (18) years of age or older where no permit or license has been issued otherwise allowing such service to people age eighteen (18) years of age or older.

Adult mini-motion picture theater: An enclosed building or any portion or portions thereof having a capacity from six (6) to fifty (50) persons, where, for any form of consideration (including a coin or token inserted into a coin or token operated projector, video screen, or other image producing device), patrons may view films, motion pictures, videocassettes, slides or similar photographic electronic reproductions in which a significant or substantial portion of the total presentation time is devoted to the showing of materials that are distinguished by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or the building and or use or service is provided to or access restricted to people eighteen (18) years of age or older where no permit or license has been issued otherwise allowing such service to people age eighteen (18) years of age or older.

Adult motel: A hotel, motel or similar commercial establishment which:

A.

Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other electronic or photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way which advertises the availability of such transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions; or

B.

Offers a sleeping room for rent for a period of time that is less than eight (8) hours; or

C.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than eight (8) hours.

Adult motion picture arcade: An establishment in which electronic, electrical, or mechanical still or slide projectors, motion picture projectors, video screens, closed circuit television transmissions or other image producing devices operable by insertion of a coin or token or for other consideration are maintained for presentation of images to five (5) or fewer persons at a single time per such device and where images presented are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas or the building and or use or service is provided to or access restricted to people age eighteen (18) years of age or older where no permit or license has been issued otherwise allowing such service to people eighteen (18) years of age or older.

Adult motion picture theater: An enclosed building with a capacity of fifty (50) or more persons where, for any form of consideration, patrons may view closed circuit television transmissions, films, motion pictures, videocassettes, slides or similar electronic or photographic reproductions in which a significant or substantial portion of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities of specified anatomical areas or the building and or use or service is provided to or access restricted to people age eighteen (18) years of age or older where no permit or license has been issued otherwise allowing such service to people age eighteen (18) years of age or older.

Adult-use cannabis business establishment: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

Adult-use cannabis 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 or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis 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 necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis dispensing organization: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis 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, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis transporting organization or transporter: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act (P.A. 1010027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Agriculture: Land, including necessary buildings and structures thereto, shall be considered used for agricultural purposes if: a) the zoning lot contains not less than five (5) acres of land area and b) if the principal use involves the production, cultivation, or growing of crops (including, but not limited to, seed crops, trees, ornamental plants, sod, etc.), and the raising, rearing, keeping, breeding or training of livestock (including horses, bees, fish, etc.), or any byproduct thereof, for sale, lease or personal use, and all necessary and related activities thereof. Lands devoted to soil conservation or forestry management shall also be deemed used for an agricultural purpose.

Airport-heliport: An area of land or water that is used or designed for the landing and take off of aircraft, of any type, and includes its buildings and facilities, for the shelter, servicing or repair of aircraft.

Air rights: Air rights for the purpose of this chapter shall mean the ownership or control of all land or property, and that area of space at and above, a horizontal plane over the ground surface of land utilized for railroad or street rights-of-way. The horizontal plane shall be established at a height which is reasonably necessary or legally required for the full and free use of the ground surface.

Amusement arcade (game room): Any establishment containing mechanical, electronic, and/or coin operated amusement devices and/or games operated on the premises for the amusement of the general public operated as the principal use and/or any business which operates more than twenty (20) amusement devices which are accessory to a principal use.

Amusement device: Any machine, game, table, or device which is designed, intended or used as entertainment, and may be operated by the public upon the insertion of a coin or token, or the use of which is made available for any valuable consideration and is not considered a gambling device by the Illinois Compiled Statutes. Amusement device shall include, but not be limited to, devices commonly known as pinball machines, pool tables, video games, electronic games, kiddie rides, mini-theaters projection devices and video screens, and all games or operations similar thereto, whether or not registering a score under whatever name they may be indicated. Not included within the definition of amusement device are such devices as food, soft drink and cigarette vending machines.

Animal hospital: Any building or portion thereof designed or used for the care, observation, or treatment of animals or pets.

Area, gross: The gross area of a parcel or development site is the area in square feet/acres, in fee ownership, excluding all peripheral rights-of-way.

Automobile laundry (car wash): Any drive-in or drive-through facility where motor vehicles are washed with the use of a conveyor and blower, or other cleaning devices, or a facility providing space, water and equipment for the hand washing of motor vehicles, whether by customer or the operator.

Automobile service station (gas station): Any building or premises used for dispensing or offering for sale of automotive fuels or oils having pumps and underground storage tanks; also, where battery, tire and other similar services are rendered, but only if rendered wholly within a building. When dispensing, sale or offering for sale of any fuels or oils is incidental to the conduct of an automobile repair garage, the premises shall be classified as an automobile repair garage. Automobile service stations shall not include the sales or storage (new or used) of automobiles, trailers, or other vehicles. Automobile service stations may include minimarts as a conditional use.

Automobile wrecking yard: Any place where one (1) or more motor vehicles not in operating condition, or the parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for the wrecking or storing of such automobiles or the parts thereof.

Banquet facility: An establishment where the only business is the preparation and dispensing of elaborate and often ceremonial meals to numerous persons on the premises and which satisfies the following:

A.

Usually holds a County issued liquor license in the Class B, C, or D.

B.

Does not provide carryout service or service to individuals.

C.

Advertises only on an individual establishment basis for group meal services only.

D.

Provides service by pre-reservation and only to groups (typically twenty (20) or more) for banquets, anniversaries, weddings, retirement parties and other similar type uses.

E.

As part of the banquets may provide, as accessory uses only, facilities such as dance floors and live entertainment such as disc jockeys or bands.

Basement: That portion of a building having one-half (½) or more of its height above the average grade of the adjoining ground. A basement shall be counted as a story for the purposes of floor area ratio and height measurement.

Basement (sub): That portion of a building having more than one-half (½) of its height below the average grade of the adjoining ground. A subbasement shall not be counted as a story for the purpose of floor area ratio and height measurement.

Battery, batteries: A cell or cells onboard an electric vehicle which is used for storing and furnishing electrical energy for the purpose of propelling the vehicle.

Battery electric vehicle (BEV): An electric vehicle with an onboard battery that operates exclusively on electrical energy from the battery which battery is charged from an electrical power source (charging station) not onboard the vehicle.

Bay: A principal compartment of the walls, roof or other main structural component of a building or of the whole building.

Bay window: A large window projecting from the outer wall of a building or structure and forming a recess within. For the purposes of this Code a bay window shall not be wider than fifty percent (50%) of the width of the wall of which it is part, nor extend from floor to ceiling

Bed and breakfast establishment: An owner occupied residence providing overnight accommodations available to the general public for compensation. Bed and breakfast establishments shall not include hotels, motels, boarding houses, lodging rooms, or food service establishments as defined in this chapter.

Bee keeping:

•

Apiary: A place where one (1) or more bee colonies are kept.

•

Bee: Any stage of the common domestic honeybee, Apis mellifera species.

•

Beekeeper: A person who owns or has charge of one (1) or more colonies of bees.

•

Beekeeping equipment: Anything used in the operation of an apiary. including, but not limited to, hive bodies, supers, frames, top and bottom boards, and extractors.

•

Colony (colonies): A hive and its equipment and appurtenance, including bees, comb, honey, pollen, and brood.

•

Hive: A structure intended for the housing of a bee colony.

•

Hobby beekeeping: The keeping of bees subject to the restrictions set forth in this chapter.

•

Nucleus colony: A small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose

Breezeway: A roofed over open-air passageway connecting a building, structure or use to another building, structure, or use. For purposes of this Code a Breezeway shall be considered a detached accessory structure.

Buildable area: The area remaining on a lot after all yard requirements have been complied with.

Building: Any structure constructed or erected partially or wholly above ground with a permanent roof, separated on all sides from adjacent open space by walls, built for the shelter, or enclosure of persons, animals, chattels, or property of any kind. The term includes both the aboveground and belowground portion of the structure.

Building, attached: A building is considered attached to another building only when the attachment satisfies the following minimum criteria:

A.

Is constructed on a forty-two inch (42″) deep foundation, and

B.

Is enclosed by a roof and permanent walls, and

C.

Is at least six feet (6′) wide.

D.

Provides direct access for persons from one (1) building to the other.

Building, detached: A building surrounded by open space on the same lot as a principle building.

Building height: The vertical distance measured from average grade to the highest point of the roof.

Building or structure, nonconforming: Any lawfully constructed building or structure which on the effective date of this chapter, does not comply with all of the applicable regulations of the zoning district in which such building or structure shall be located.

Building, principal: A non accessory building in which the primary use of the lot on which it is located is conducted.

Building, structure or use, nonconforming (regulatory floodplain and/or a wetland area): See definition of Nonconforming Building, Structure or Use (Regulatory Floodplain and/or a Wetland Area).

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

A.

Size and height of buildings and structures.

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 buildings.

E.

Amount of lot area provided per dwelling unit.

F.

Lot width and area.

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 indica, 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), liber, 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 cannabis flower, concentrate, and cannabis-infused products.

Cemetery: A parcel of land or structure dedicated to, and at least a portion of which is being used for, the interment of human remains. A cemetery may include administrative buildings, crematories, mausoleums, columbariums and maintenance shops.

Cemetery, pet: A parcel of land or structure dedicated to, and at least a portion of which is being used for, the interment of animal or pet remains. A pet cemetery may include an administrative building, chapel, crematory and maintenance shop.

Charging level: The standardized indicators of electrical force, or voltage at which an electric vehicle's battery is recharged. Typical electric vehicle charging levels and specifications are:

•

Level 1: AC slow battery charging. Voltage is one hundred twenty (120) volts.

•

Level 2: AC medium battery charging. Voltage is between one hundred twenty (120) volts and two hundred forty (240) volts.

•

Level 3: DC fast or quick battery charging. Voltage is greater than two hundred forty (240) volts. Sometimes referred to as "DC fast".

Charging station: Equipment that has as its primary purpose the transfer of electric energy by conductive or inductive means to a battery or other energy storage device located onboard an electric vehicle. Various types of charging stations include:

•

Accessible charging station: A charging station incorporated into or immediately adjacent to a handicapped parking space as "handicapped parking space" is defined by the Illinois Vehicle Code.

•

Level 3 charging station (sometimes: DC fast charging station): A charging station that provides any single-phase voltage or current rating higher than that of level 2, or any 3-phase supply voltage configuration.

•

Private charging station: A charging station that is: 1) privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking, etc.), or 2) publicly owned and restricted (e.g., fleet parking with no access to the public).

•

Public charging station: A charging station that is: 1) publicly owned and publicly available (e.g., park and ride, public parking lots, on street parking, etc.) or 2) privately owned and publicly available (e.g., shopping center parking, non-reserved parking in multi-family parking lots, etc.).

Charging station equipment: The conductors, including ungrounded and grounded, and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, charging stations or apparatus installed specifically for the purpose of delivering electrical energy from the charging station to the electric vehicle.

Charging station space: A dedicated, marked space that identifies the use thereof as exclusively for the charging of electric vehicles.

Childcare services: See definition of Residential Care.

Clinic: A building containing an individual practitioner or an association or group of physicians, dentists, clinical psychologists, or similar professional health care practitioners, including assistants. The clinic may include apothecary, dental and medical laboratories, and/or X-ray facilities, but shall not include inpatient care or operating rooms for major surgery.

Club or lodge, private: A place of assembly where a group or association of persons who are bona fide members paying dues, and owns, hires, or leases a building or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of private clubs or lodges are conducted by a board of directors, executive committee, or similar body chosen by the members. It shall be permissible to serve food and meals on the premises, provided adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that the sale of alcoholic beverages is in compliance with applicable Federal, State, and County laws.

Cluster development: An alternative development technique for single-family homes where individual lot size is reduced in direct ratio to areas set aside within the development for water, other natural features and common open space.

Compact car: Any automobile designated class five (5) through class seven (7). The class number is determined by the length and width (area) of the automobile in square meters, using only the whole numbers.

Example:

Class parameters for compact cars are from five (5) square meters through seven and ninety-nine hundredths (7.99) square meters.

Comprehensive Plan: A plan for DuPage County, including graphic and written proposals, including any unit or part of such plan separately adopted, and any amendment to such plan and parts thereof, adopted by the DuPage County Regional Planning Commission and the DuPage County Board.

Converted dwelling: A dwelling unit which has been converted into one (1) primary unit and one (1) accessory unit.

Corral: An enclosed or fenced in area for confining horses.

County: The County of DuPage, Illinois.

County Board: The governing body of DuPage County, Illinois.

County Development Committee: County Development Committee is a standing committee of the County Board.

Dangerous animals: Shall include, but not necessarily be limited to, the following: lion, tiger, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, leopard, bear, hyena, wolf, coyote, wolf-dog or coyote-dog hybrid, alligator, crocodile, caiman, poison reptiles, or any other life threatening reptile.

DC: Direct current (electricity).

Density, gross: The numerical value used as a measurement for the general intensity of a residential development. Gross density is obtained by dividing the total number of dwelling units in a development by the gross area (in acres) within the development, the result is the number of dwelling units per gross acre of land. (See definition of Floor Area Ratio (FAR)).

Density, net: The numerical value used as a measurement for the specific intensity of that portion of a development upon which buildings are placed. Net density is obtained by dividing the total number of dwelling units in a development by the net area (in acres) within the development, the result is the number of dwelling units per net acre of land. (See also definition of Floor Area Ratio (FAR).

Derelict vehicle: Any inoperable, and/or unregistered and/or discarded motor vehicle, regardless of title, is left unattended without justification by the owner of the vehicle or property owner.

Development: Any construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; excavating or filling or any type of other nonagricultural alterations of the ground surface; drilling, mining, excavation of lakes or ponds; channel relocation, channel deepening, filling or dredging; division of land into two (2) or more parcels by subdivision or deed division; and any use, change or extension in land use or practice, undertaken by public or private entities.

Developmental disability: A disability attributable to mental retardation, cerebral palsy, epilepsy, autism, dyslexia, or similar physical or mental conditions which is manifested in the early stages of life and is expected to continue indefinitely.

Director, Department of Economic Development and Planning: The official appointed by the County Board as the Director, Department of Economic Development and Planning, and being also the administrative official charged with the administration and enforcement of the DuPage County Zoning Ordinance.

Disabled: Having a physical, mental or emotional impairment which substantially limits one (1) or more of such person's major life activities; a record of having such impairment; or being regarded as having such impairment. The term shall include, but not be limited to, persons who are developmentally or physically disabled, the mentally ill, recovering alcoholics, and those who are suffering from AIDS and other diseases. Such term shall not include current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Action (21 USC 802)) nor shall it include any person whose residency in the home would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.

Drive-in or drive-through establishment: Any place of business operated for the sale and purchase at retail of food and other goods, or the rendering of services which facility is designed and equipped so as to allow its patrons to be served or accommodated while remaining in their motor vehicle.

Driveway: A pathway for motor vehicles from a street to a building, structure or parking area.

Dwelling: A building, or portion thereof, designed or used exclusively for residential occupancy including single-family dwellings, two-family dwellings, and multiple-family dwellings, but not including mobile homes, hotels, motels, or lodging houses.

Dwelling, group quarters: Group quarters, not a "family" as defined herein, are short or long term living arrangements for groups of people containing more than five (5) persons not related by blood, marriage, adoption, or guardianship. Group quarters shall not include the term "group homes" which is a different category of dwelling. Group quarters are most frequently contained within the following terms and phrases:

Church oriented schools - boarding
Colleges, universities - dormitories
Convents
Drug abuse centers - boarding
Emergency shelter (family)
Fraternity houses
Monasteries
Orphanages
Primary/secondary schools - boarding
Rehabilitation centers - boarding
Religious retreats
Residence for respite care
Seminaries
Sorority houses
YMCA - residence rooms
YWCA - residence rooms

Dwelling, multiple-family: A building, or portion thereof, consisting of three (3) or more dwelling units of any type.

Dwelling, single-family: A building containing a single dwelling unit only, which is separated from all other dwellings by open space.

Dwelling, two-family: A building consisting of two (2) dwelling units either attached, side by side, or one (1) above the other, with each dwelling unit having a separate entrance.

Dwelling unit: One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of maintaining a household.

Dwelling unit, accessory: A self-contained room or group of rooms which has complete, permanently installed kitchen and bath facilities and which constitutes a dwelling within a converted dwelling that is separate from the primary unit.

Easement: An authorization or grant by a property owner for the use by another, and for one (1) or more specific purposes, of any designated part of the owner property.

Easement, drainage: An easement used for the conveyance of stormwater run off. All utility easements are considered as potential drainage easements and shall be treated as such.

Easement, utility: An easement for the purpose of a public or private utility company.

Electric scooters and/or motorcycles: A two-wheel or three-wheel electric vehicle that operates exclusively on electrical energy stored in the vehicle's batteries.

Electric vehicle: A vehicle that operates, either partially or exclusively, on electrical energy from a charging station or other electrical energy source that is stored in the vehicle's battery for propulsion purposes. "Electric vehicle" includes a) a battery electric vehicle; b) a plug-in hybrid electric vehicle: c) a neighborhood electric vehicle; and d) electric scooters or motorcycles.

Excavating/filling: Except as hereinafter provided, excavation and/or filling shall mean any changing of the grade or sub grade of a tract of land by cutting, scraping, grading, trenching, digging, filling in, or otherwise reshaping the natural contour of the ground. The following shall not be construed as excavating/filling:

A.

Any cutting, grading, trenching, digging, or backfilling of any foundation of a building or structure approved for construction.

B.

Top dressing in an area of existing homes, which top dressing does not change the drainage patterns, does not disturb an area greater than five percent (5%) of the lot area or two thousand (2,000) square feet, whichever is smaller, and does not exceed five (5) cubic yards of fill.

C.

Repairs to existing septic sites under the supervision of the DuPage County Health Department, in which the area of ground disturbed is less than five thousand (5,000) square feet shall not require the issuance of a stormwater management permit.

Cutting, grading, trenching, digging or backfilling of any septic site as part of new construction shall be reviewed for drainage as part of the building permit application, but shall not require drainage review by the Department of Economic Development and Planning when the area of ground disturbed is two thousand (2,000) square feet or less.

Family: One (1) or more persons related by blood, marriage, adoption, or guardianship, or a group of not more than five (5) persons not so related, including their domestic servants or resident staff, maintaining a common household in a dwelling unit.

Fence: A freestanding structure used as a boundary, screen, separation, means of privacy, protection or confinement: For purposes of this chapter a fence shall consist of materials made of wood, plastic, metal, masonry or combination thereof or other similar material.

Fence, open: A fence where the surface area of individual boards, planks or construction material, (fence material) of the fence does not exceed six inches (6″) in width and where there is open space between the individual fence materials of at least fifty percent (50%) of the size of the individual fence materials.

Fence, solid: A fence where:

The surface area of the fence material of the fence exceeds six inches (6″) in width; or

The surface area of the fence material of the fence does not exceed six inches (6″) in width and where there is open space between the individual fence materials of at least less than fifty percent (50%) of the size of the individual fence materials.

Floor area ratio (FAR): The numerical value obtained by dividing the gross floor area of a building or buildings by the total area of the subject lot or parcel of land on which the building or buildings are located.

When calculating the floor area ratio of the subject lot or parcel of land include any other lot or parcel of land that meets all of the following criteria:

A.

The lot or parcel of land that was previously part of the subject lot or parcel of land and was severed from the subject lot or parcel of land by condemnation proceeding: and

B.

The severed lot or parcel of land is preserved as open space in perpetuity by the condemning authority; and

C.

The condemning authority agrees to transfer the floor area ratio gross density on the severed lot or parcel of land as part of writing in the condemnation proceedings and subsequent to any proceedings transfers the floor area gross density to the subject property.

Floor area ratio, gross (detached accessory buildings): The floor area ratio of all detached accessory buildings shall be the sum of the gross horizontal areas of the several floors of such buildings measured from the exterior faces of exterior walls and shall include but not be limited to the following:

Breezeway;
Detached garage/enclosed parking space;
Detached gazebo; detached hobby shop; detached stable;
Detached storage shed;
Detached tool sheds;
Detached pool house;
Any similar type building to those listed above.

Floor area ratio, gross (principal building or buildings): The floor area ratio of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings, as measured from the exterior faces of exterior walls, or from the centerline of party walls separating two (2) buildings. In particular "gross floor area" shall include:

A.

Basement as defined herein.

B.

Floor space used for mechanical equipment where the ceiling height exceeds seven and one-half feet (7½′), except equipment open or enclosed located on the roof, i.e., bulkheads, water tanks and cooling towers.

C.

Attic floor space where the ceiling height exceeds seven and one-half feet (7½′).

D.

Interior balconies and mezzanines.

E.

Enclosed porches, but not terraces and breezeways.

F.

Accessory buildings.

4-H project: Any project conducted by a 4-H member who has been officially enrolled in the appropriate project by the 4-H organization or a project approved by the DuPage County Agricultural Extension Officer.

Fraternal establishment: A location where a qualified fraternal organization that derives its charter from a national fraternal organization regularly meets.

Garage, automotive repair: Any building, premises or zoning lot in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.

Garage, private: A private garage is an accessory building or an accessory portion of the principal building or both, which is intended and used to store motor vehicles of the first division or second division with a gross vehicle weight rating of ten thousand one (10,001) pounds or less.

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

Golf courses: Public, semipublic or private golf courses where the game of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least sixty (60) acres for each standard nine (9) hole course; and thirty (30) acres for each nine (9) hole par three (3) course.

Grade: A reference plane representing the average finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest point(s) within the area between the building and the lot line or, when the lot line is more than six feet (6′) from the building, between the building, and a point located six feet (6′) from the building.

Group home: A dwelling unit shared by no more than eight (8) persons not related by blood, marriage, adoption or guardianship, plus their resident staff, who live together as a single housekeeping unit and in a long term family like environment in which staff persons assist in providing care, education and participation in community activities for the residents with the primary goal of enabling residents to live as self-sufficiently as possible in order to function at their maximum potential. A group home may be shared by groups such as, but not limited to, the disabled or persons fifty-five (55) years of age or older, but shall not include halfway houses, hospices, or living quarters which serve persons as a alternative to incarceration for a criminal offense. Facilities in which the total occupancy exceeds the limits set in Section 37-413 of this chapter shall be considered group quarters.

Handicapped: See definition of "Disabled."

Helicopter landing pad: A designated area on the ground or on a building meeting the specifications of the Federal Aviation Administration for the exclusive use of landing and takeoff of helicopters, excluding any service buildings and refueling facilities.

Home occupation: Any occupation or profession engaged in by the occupant of a dwelling, where such home occupation is incidental and secondary to the use of the dwelling for dwelling purposes.

Hospital: Any institution, place, building or agency, public or private, organized for profit or not, devoted primarily to the operation and maintenance of facilities for the diagnosis and treatment or care of two (2) or more persons admitted for overnight stay or longer to obtain medical, (including obstetric, psychiatric and nursing) care of illness, disease, injury, infirmity, or deformity. The term "hospital," without regard to length of stay shall also include:

A.

Any facility devoted primarily to provide psychiatric and related services and programs for the diagnosis and treatment or care of two (2) or more persons suffering from emotional or nervous disease.

B.

A place where pregnant females are received, housed, treated or cared for, during delivery irrespective of the number of patients received.

The term "hospital" also includes general and specialized hospitals, tuberculosis sanitaria, mental or psychiatric hospitals and sanitaria, and includes maternity homes, and homes for unwed mothers were aid is given during delivery.

Hotel: An establishment which is open to transient guests, and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone desk service, and the use and upkeep of furniture.

Household accessory equipment: Any device, including any device designed for a commercial application which is used for private purposes only (not for hire) which serves an accessory purpose on a residential zoning lot including, but not limited to garbage containers, snow removal equipment, lawn and garden equipment and similar type devices.

Integrated shopping center: Any group of two (2) or more business uses designed as a single business group, whether or not located on the same lot; connected by party walls, partitions, canopies or other structural members to form one (1) continuous structure, or if located in separate buildings, are interconnected by walkways and access-ways designed to facilitate customer interchange between the uses; share a common parking area; or otherwise present the appearance of one (1) continuous business area.

Junk and debris: An accumulation of waste, scrap, discarded or salvaged materials, and/or garbage and refuse including, but not limited to, unusable or discarded appliances and home furnishings, auto parts, rubber tires and landscape debris.

Junkyard: An open area where junk, waste, scrap, discarded or salvaged materials are brought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, papers, rags, rubber tires, and bottles. A junkyard includes automobile wrecking or salvage yards, used lumberyards and places or yards for storage of salvaged structural steel materials and equipment.

Kennel: Any premises where one (1) or more pets over four (4) months of age which is not owned by a person residing on the premises is kept, trained, maintained, boarded, bred or cared for either for remuneration or gratuitously.

Landscape waste processing/transfer facility: A site where grass, shrubbery cuttings, leaves, and other materials generated by gardening, yard or landscaping activities are brought to be processed, composed or transferred to another facility or end use market. The term shall include, but not be limited to, facilities such as "landscape waste transfer facility" and "landscape waste material processing facility."

Landscaping: The following definitions shall be applicable:

Berm: An earthen mound designed to provide screening of undesirable views, noise reduction, etc.

Landscape screen: A visual and physical buffer consisting of plant materials, berms, fences and/or walls, or any combination thereof which obscure a higher intensity zoning district or use from a lower intensity zoning district or use.

Landscape yard: An area of ground contained within a required yard of a zoning lot including paved areas required for pedestrian or vehicular access, which is required to be landscaped for the purposes of screening and buffering a development site from a less intensive zoning district or use.

Ornamental tree: A deciduous tree planted primarily for its ornamental value, or for screening. May be any size at maturity, but will tend to be smaller than a shade tree.

Parking lot island: An area of ground within the boundary of any parking lot which has curbing adjacent to all paved areas. Parking lot islands are used for traffic control and provide space for landscaping which helps screen and shade parking lots.

Performance bond: A cash deposit or letter of credit in the form acceptable to the County of DuPage to be provided to ensure that landscaping will be completed in the event the applicant does not complete or replace guaranteed plants within the time allowed by the bond.

Plant average functional size: The mature height and spread typical of a category of plants, such as low shrubs, evergreen trees, shade trees, etc.

Plant preservation credit: Credit given for the preservation of existing vegetation meeting the functional requirements of this chapter, in lieu of required new landscaping.

Shade tree: A deciduous (or, rarely, an evergreen) tree planted primarily for its high crown of foliage or overhead canopy.

Shrub, low: Any shrub which attains a mature height of less than five feet (5′) when left unpruned.

Shrub, high: Any shrub which attains a mature height of five feet (5′) of more when left unpruned.

Temporary easement agreement: A document allowing DuPage County or its agent access to property for the purpose of completing the required landscaping in the event that the owner or petitioner does not install required plant material or does not replace dead plants as required by this chapter.

Turf grass: Grass as planted, by seeding or sodding, to establish a lawn which is usually maintained by mowing.

Linkage: Any portion of an attached accessory building which connects an attached accessory building to a principal building and satisfies the following minimum requirements:

A.

Is constructed pursuant to all applicable building, zoning and drainage regulations for a principal building; and

B.

Is less than ten feet (10′) in length; and

C.

Is less than twenty feet (20′) in width.

Lodging room: A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room that provides sleeping accommodations shall be counted as one (1) lodging room.

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

Lot area: The area of a horizontal plane bounded by a vertical projection of the property lines of a lot excluding any street, easement for street purposes, or right-of-way.

Lot, corner: A lot situated at the intersection of two (2) or more streets. The interior angle of such intersection shall not exceed one hundred thirty-five (135) degrees.

Lot coverage: The total ground area of a zoning lot occupied by any building or structure as measured from the outside of the surrounding external walls or supporting members of the building or structure.

Lot depth: The mean or average horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries. The mean or average distance shall be determined by measuring every twenty feet (20′) throughout the lot, with a point of beginning at the front property line and ending at the rear property line.

Lot, interior: A lot which is any lot other than a corner lot.

Lot line: A property boundary line of any lot, except that were any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley rights-of-way lines.

Lot line, front: For nonresidential lots where one (1) lot line is coincidental with an arterial street, such lot line shall be determined to be the front lot line. On residential corner lots the property owner may select the front lot line. On nonresidential corner lots bounded by two (2) or more principal arterial, minor arterial, or major collector streets, the Director, Department of Economic Development and Planning, shall select the front lot line. Where any corner lot is bounded by two (2) streets of unequal classification (e.g., minor arterial and major collector, or major collector and local), the lot line coincidental with the higher classification street shall be determined to be the front lot line.

On lots served by reserve strips the front lot line shall be that lot line which is most nearly parallel with the dedicated street from which the reserve strip originates.

Lot line, rear: The lot line most nearly parallel to, and most distant from, the front line. If the rear lot line is less than ten feet (10′) in length, such rear lot line for building setback purposes shall be determined to be a line which is not less than ten feet (10′) in length, which line shall be parallel to, and at the maximum distance from, the front lot line.

Lot line, side: That boundary of a lot that is not a front lot line or a rear lot line.

Lot of record: A lot which is part of a subdivision, the plat of which, has been recorded in the Office of the Recorder of DuPage County; or a parcel of land, the deed to which was recorded in the office of said recorder pursuant to Chapter 765 Illinois Compiled Statutes, Act 205 (Plat Act).

Lot of record - historic:

A lot of record created before 1957 which is part of a subdivision platted before 1957, the plat of which has been recorded before 1957 in the Office of the Recorder of DuPage County; or

A parcel of land created before 1957, the deed to which was recorded before 1957 in the Office of the Recorder of DuPage County.

Lot, reversed corner: A lot the side line of which is a continuation of the front lot line of the first lot to its rear.

Lot, through: Any interior lot which has a pair of opposite lot lines along two (2) more or less parallel streets, and which is not a corner lot. On a through lot, both street lines shall be designated front lot lines and front yards shall be provided as required. Where a residential subdivision of three (3) or more acres is created after the effective date of this amendment and which abuts an arterial street or major collector street the following requirements shall apply:

The subdivision shall provide a twenty-five foot (25′) wide outlot adjacent to the arterial street or major collector street so that no residential lot will be adjacent to the arterial street or major collector street.

The outlot shall be designated as a landscape easement and shall be owned and maintained by the homeowners' association.

Lot width: The mean or average horizontal distance between the side lot lines of a lot, measured within the lot boundary. The lot width shall be measured perpendicular to the lot depth. The mean or average distance shall be determined by measuring every twenty feet (20′) throughout the lot, with a point of beginning at the front property line and ending at the rear property line.

Lot, zoning: A single tract of land located within a single block, which 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.

Massage or practice of massage: Any method of applying pressure on or friction against or stroking, kneading, rubbing, tapping, pounding or vibrating or stimulating the external soft parts of the body by another individual with or without the aid of any 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 where said method is not performed by a massage therapist as defined herein.

Massage parlor and/or bathhouse: Any massage parlor; Turkish, steam, sauna, or other bathhouse; magnetic healing institute; room; place; establishment; or institution where massage is given or offered by a masseur or masseuse.

Massage school, recognized: A state approved school operating according to state regulations which has a current license, approval, accreditation and/or certification from the state in which it is located and provides an entry level massage training program of a minimum of five hundred (500) hours in class "work" of clinical training, which program shall include anatomy and physiology, kinesiology, ethics, pathology, contraindication and clinical experience, or a massage school program accredited/approved by the Commission of Massage Training/Approval and Accreditation (COMTAA). All coursework for credit hours shall be completed under the physical supervision of faculty.

Schools offering correspondent courses and not requiring actual class attendance shall not be deemed as a "recognized massage school."

Massage therapist: Any person who, for any consideration, engages in the practice of therapeutic massage as defined herein and provides proof of one (1) or more of the following:

A.

Proof of active member status in a professional massage therapy organization whose minimum standards require graduation from a recognized school as defined in this article or the passing of a competency test for active membership.

B.

Graduation and completion of a professional level entry program which consists of five hundred (500) hours or more of in classroom study and one hundred (100) hours or more of clinical experience in a "recognized school"; or

C.

Passage of the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB) administered by the National Certification Program for Therapeutic Massage and Bodywork, which is approved by the National Commission for Certifying Agencies (NCAA), the accrediting arm of the National Organization for Competency Insurance (NOCI) or any other examination exhibiting proficiency in massage therapy/bodywork approved by the State of Illinois, or a Federal certifying agency.

D.

The following persons, however, shall not be considered to be massage therapists for purposes of this chapter when practicing therapeutic massage within the scope of their vocation, employment, course of study or volunteer services:

1.

Physicians, physicians' assistants, surgeons, podiatrists, chiropodists, osteopaths, chiropractors, registered nurses, practical nurses, certified nurses assistants, physical therapists, barbers and cosmetologists licensed, registered or certified to practice in the State of Illinois.

2.

Athletic trainers for any athletic program of a private or public school, college or university or for any athletic team regularly organized and engaging in competition.

3.

Any person enrolled in a school or program, licensed by the State of Illinois, or accredited by a national accrediting association, in medicine, osteopathy, chiropractic, podiatry, nursing, physical therapy, barbering or cosmetology.

4.

Any person employed by or working under the direction and supervision of a "massage therapist" as defined herein.

Massage, therapeutic: An application whereby a "massage therapist," as defined herein, uses any method of applying pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, touching or stimulating the external soft parts of the body with the hands, any body part or with the aid of any mechanical or electrical apparatus or appliance, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations.

Masseur or masseuse: Any person who, for any kind of consideration, engages in the practice of massage other than those persons as defined as "massage therapists" herein or those persons engaged in related occupations and agencies as defined herein.

Medical cannabis cultivation center: A facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

Medical cannabis dispensary: A facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from an Illinois registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to Illinois registered qualifying patients.

Minimart: A convenience shopping establishment selling a limited stock of food and related items to the general public. A minimart may be located in an automobile service station as a conditional use or may be freestanding (such as 7-11, White Hen Pantry, etc.).

Mobile home: A structure designed for permanent habitation, and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent home and designed to permit the occupancy thereof as a dwelling place for one (1) or more persons. Even if the structure rests on a permanent foundation, with wheels, tongue, hitch and axle or lug bolts permanently removed, it shall be construed as a mobile home.

Mobile home, independent: An independent mobile home is a mobile home which has self-contained toilet and bath or shower facilities and is connected to public sanitary sewer and water facilities.

Mobile home park: A tract of land upon which thirty (30) or more independent mobile homes are located and shall include any building, structure, vehicle, open space or enclosure, used, or intended for use, as part of the property and equipment of such mobile home park. A mobile home park shall not include an open sales lots.

Motel: An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourists. A "motel" furnishes services such as maid service and laundering of linen, telephone or desk service and the use and upkeep of furniture.

Motor freight terminal: A building and premise in which freight, brought by motor truck or railroad is received, sorted, or stored for routing for local, intrastate and/or interstate shipment by motor truck.

Municipal solid waste: Garbage, general household and commercial waste, industrial lunchroom or office waste. Municipal solid waste includes landscape waste that is not readily compostable and construction/demolition material that is not recyclable.

Municipal solid waste transfer facility/waste transfer station: A facility which receives municipal solid waste and which transfers or prepares the municipal solid waste for shipment to another site for final disposal or use. The term shall include, but not be limited to, such facilities as "solid waste transfer facility" and mixed solid waste processing facility."

Neighborhood electric vehicle: An electric vehicle with four (4) wheels that conforms to federal regulations under title 49 CFR part 571.500 which can from a standstill attain a speed of twenty (20) miles per hour within one (1) mile but cannot exceed a speed of more than twenty-five (25) miles per hour.

Nonconforming building or structure: See definition of "Building or Structure, Nonconforming."

Nonconforming building, structure or use (regulatory floodplain and/or a wetland area): Any lawfully established building, structure or use which, on February 15, 1992, does not comply with all of the applicable stormwater, floodplain and/or wetland management regulations for the regulatory floodplain and/or the wetland areas where such building, structure or use is located.

Nonconforming use: See definition of "Use, Nonconforming."

Nonelectric vehicle: A vehicle that does not meet the definition of "electric vehicle" as provided herein.

Not for profit corporation: Any chartered corporation where no part of the income is distributable to its members, directors, or officers; provided, however, that the payment of reasonable compensation for services rendered and the making of distributions upon dissolution or final liquidation, as permitted by the "Corporation Act" of the Illinois Compiled Statutes, shall not be deemed a distribution of income.

Off-street loading space or berth: An open or enclosed area other than a street, used for the loading and unloading of goods or materials from motor vehicles and trailers. Design of such space shall comply with Article XII of this chapter.

Off-street parking space: A space within a public or private parking area designed in accordance with the requirements set forth in Article XII of this chapter.

Open sales lot: A lot or parcel of land used or occupied for the purpose of buying, selling, renting, or trading of goods and commodities, including the storage of same prior to rental, sale or exchange.

Open space: All land or water areas not occupied by buildings, roads, parking, or private open areas. It includes park land and play areas, community garden plots, and service areas dedicated to the public or designated or reserved for the sole use and enjoyment of the people having a common proprietary interest in the development. Land required by this chapter to remain as open space may be used for recreation, resource protection, underground utility, amenity and buffer area purposes. Where open space is part of a park and/or school dedication, the entire parcel so dedicated shall be considered as open space.

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

Paddock: An enclosed or fenced in area used for pasturing or exercising horses.

Parking, reservoir: An area allocated to motor vehicles awaiting entrance to a drive-in establishment.

Pasture: An enclosed or fenced in area of land on a zoning lot used for grazing or exercising horses.

Pet: A domesticated animal (which may include, but not to be limited to, a dog, cat, miniature pig, etc.), customarily kept for pleasure and which typically spends a majority of its time in a dwelling unit. The term shall not include animals which are kept for agricultural or utility purposes, (except for 4-H projects which shall be governed by the district requirements), "dangerous animals," as defined herein, and horses (which shall be governed by the district requirements). Small birds, fish and reptiles shall be deemed to be pets but shall not be counted against the total number of pets allowed on a residential lot. The director shall determine what specific animals, exotic or otherwise, do or do not qualify as pets.

Place of assembly: A premises where members or patrons gather together generally for common reason and generally at regular intervals including for, but not limited to, civic, cultural, veterans' and fraternal, political, religious, or social purpose. (Including chapels, churches, synagogues, temples, mosques, and other religious institutions including parsonages and rectories). It shall be permissible to serve food and meals on the premises, provided it is secondary and incidental to the promotion of some other common objective of the organization and provided adequate dining room space and kitchen facilities are available and is in compliance with applicable federal, state, and county laws, including, but not limited to the DuPage County Building Code and the DuPage County Health Department regulations. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that the sale of alcoholic beverages is in compliance with applicable federal, state, and county laws.

Planned development: A parcel of land or contiguous parcels of land initially under the ownership of one (1) landowner or a group of landowners in common agreement with respect to development as a single entity compatible with the development of adjacent parcels. Notwithstanding ownership, any property developed under a planned development ordinance, shall remain in conformance with the approved planned development concept, except as may be modified by ordinance of the County Board.

Plug-in hybrid electric vehicle (PHEV): An electric vehicle that: a) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; and b) charges its battery primarily by connecting to a charging station or other electrical source not onboard the vehicle; c) may additionally be able to sustain a battery charge using an onboard internal combustion driven generator; and d) has the ability to be propelled through the use of electricity.

Pond - ornamental: A nonstormwater facility pond, which is used sole for private purpose for display only.

Pond - stormwater facility: A pond, which is not an ornamental pond and is used in relation ship with a stormwater facility including ditches, channels, bridges, culverts, levees, ponds, natural and man made impoundments, wetlands, wetland buffers, riparian environment, tile, swales, sewers, or other natural or artificial structures or measures which serve as a means of draining surface and subsurface water from land.

Prepared food delivery store: An establishment whose principal business is the dispensing of edible, prepared food and/or beverages for consumption off the premises. It is characterized by the off site delivery by employees of the store of the vast majority of the foodstuffs prepared on the premises. Only incidental carryout of food (usually less than ten percent (10%) of the total business) by customers is allowed. No on premises tables or consumption of food is permitted. A prepared food delivery store shall not be considered a restaurant.

Primary unit: That portion of a converted dwelling which is not part of the accessory unit.

Private utility: An entity where the principal use is conveying, generating or providing electricity, electronic data, natural gas, telephone service, cable television or water or similar type utility at, above or below surface grade where said entity is not regulated by the Illinois Commerce Commission (ICC).

Public utility: An entity where the principal use is conveying, generating or providing electricity, electronic data, natural gas, telephone service, cable television or water or similar type utility at, above or below surface grade where said entity is regulated by the Illinois Commerce Commission (ICC).

Recreational areas, active: The area of a park, forest preserve, or other recreational area, whether publicly or privately owned, whereon buildings, improvements or the land is operated or maintained for the purposes of entertainment, sport or other recreational activity, indoor or outdoor; including, but not limited to, athletic facilities and fields, swimming pools and beaches, fishing and boating lakes and docks, museums, interpretative centers, target ranges, spectator facilities, picnic areas, trails and portages, and all ancillary uses related thereto such as parking lots, roadways, concession/admission stands, offices and restrooms.

Recreational areas, passive: The area of a park, forest preserve, or other recreational area, whether publicly or privately owned, whereon the use is not for any active recreational uses and the area is either: a) not readily accessible to the general public, or b) is designated or otherwise reserved for natural area or wildlife preservation, conservation or restoration.

Recreational center: A building or use of land operated with or without membership requirements, for entertainment or sport, delivered directly to the consumer; including, but not limited to, skating rink, bowling alley, pool hall, racquet club, swim club, indoor or outdoor golf center, miniature golf course, amusement arcade, or indoor archery, pistol or rifle range.

Recyclable materials processing/transfer facility: A facility where secondary materials are gathered, sorted, processed and/or stored before shipment for use at an end market. These materials may include, but are not limited to, recyclables such as glass, newspaper, and aluminum, and construction and demolition materials such as wood, bricks, and metal. Only incidental, de minimis amounts of nonrecyclable waste may be present in recyclable materials loads received at the facility. Any such facility must demonstrate that a secondary market exists for the recyclable materials.

Recycling facility: Any facility where secondary materials are gathered, sorted, processed and/or stored before shipment for use at an end market. Materials handled at a recycling facility shall not have been stored with, or otherwise come in contact with, mixed municipal solid waste. The term shall include, but not be limited to, such facilities as "intermediate processing facility," "multi-material recycling center" and "recycling buy-back center."

Religious institution: A place of assembly which provides meeting areas for regularly scheduled religious activities including Church, Temple, Synagogue, Mosque and similar type uses. A religious use may also provide ancillary operations including but not limited to: caretaker's housing; group living facilities such as convents and priests quarters; meeting space; offices; rectory; religious teaching area, customarily meeting for short periods of time typically on weekends and evenings, separate areas from the main worship area for individual or group prayer. It shall be permissible to serve food and meals on the premises, provided it is secondary and incidental to the promotion of some other common objective of the organization and provided adequate dining room space and kitchen facilities are available and is in compliance with applicable Federal, State, and County laws, including, but not limited to the DuPage County Building Code and the DuPage County Health Department regulations. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that the sale of alcoholic beverages is in compliance with applicable Federal, State, and County laws.

Rent and subrent: When used in reference to an adult motel, shall mean the act of permitting a sleeping room to be occupied for any form of consideration.

Repairs (nonconforming buildings, structures and uses): Repairs shall include the replacement of storage tanks required for the operation of the principal building, where safety of operation of the installation requires such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural alterations to the building or structure, except as herein above provided.

Reserve lot (flag lot): A buildable lot where access is obtained by way of a narrow strip of land (reserve strip) from a dedicated street only; as follows:

Each reserve lot shall contain a minimum of forty thousand (40,000) square feet, which shall not include the portion of the lot used as the reserve strip. However, where a specific zoning district requires more than forty thousand (40,000) square feet of land area, that portion of the reserve lot used as the reserve strip may be included as part of the minimum area requirement for the zoning district;

Each reserve strip providing access to a lot shall be not less than twenty feet (20') in width;

The lot width may include the width of the reserve strip and shall comply with the minimum lot width requirements in the underlying zoning district.

That not more than three (3) lots consisting of two (2) reserve lots with reserve strips, each twenty feet (20') in width, and one key lot with a frontage of not less than the minimum lot width requirement for the zoning district along the dedicated street shall be permitted;

That where more than one reserve lot is created, the reserve strips access to interior lots, shall be dedicated and marked as a private easement for access to all reserve lots with only one permitted entrance to the dedicated street.

Residential care: All residential care facilities shall comply with all licensing requirements of the State of Illinois, Department of Children and Family Services.

Daycare center: Any childcare facility which regularly provides daycare for less than twenty-four (24) hour day for: a) more than sixteen (16) children in a family home, or b) more than three (3) children in a facility other than a family home.

Daycare center; Adult: A facility designed to care for more than five (5) adults, primarily elderly, who do not need institutional care but who, because of their advanced age, require assistance during the day in order to remain active in their community.

Daycare home: A family home which receives more than three (3) up to a maximum of twelve (12) children for less than twenty-four (24) hours per day. The maximum of twelve (12) children includes the family's natural or adopted children and all other persons under the age of twelve (12). The term does not include facilities which receive only children from a single household.

Group daycare home: A family home which receives more than three (3) up to a maximum of sixteen (16) children as determined by the Department of Children and Family Services for less than twenty-four (24) hours per day. The number counted includes the family's natural, adopted and foster children under the age of twelve (12).

All residential care facilities shall comply with all licensing requirements of the State of Illinois, Department of Children and Family Services.

Respite care: Temporary, around the clock care of a person who may be ill or elderly to provide the care giver an interval of rest or relief from the stress of long term care of a family member. Respite care includes the provision of accommodations from one (1) night up to thirty (30) nights with convenient check in times, twenty-four (24) hour supervision, home cooked meals, laundry services, and special activities.

Restaurant: An establishment wherein the principal business use is the dispensing of edible, prepared food and/or beverages for consumption on and/or off the premises depending on the type of restaurant herein. "Restaurant" is further defined by class as follows:

Carry out only restaurant: An establishment wherein the principal business is the sale of food and may include the ancillary sale of non-alcoholic beverages only to the customer in the ready-to-consume state for consumption off the premises and generally includes the following characteristics:

1.

Sells prepared or prepackaged food for carryout only.

2.

Has no seating for patrons on the premises.

3.

Does not accept dining reservations.

4.

Has no County liquor license.

5.

Has no video gaming terminals.

Class A restaurant: An establishment wherein the principal business is the sale of food in the ready-to-consume state for consumption on/or off the premises and non-alcoholic beverages to the customer and generally includes the following characteristics:

1.

Sells prepared and/or prepackaged food ready to carry out and/or dine in and/or via drive through service.

2.

Has on premises seating for patron's ancillary to the carry out and drive through services.

3.

Typically franchised or chain owned businesses.

4.

Has no meeting and/or banquet facilities.

5.

Does not accept dining reservations.

6.

Has no County liquor license.

7.

Has no video gaming devices.

Class B restaurant: An establishment wherein the principal business is the sale of food in the ready-to-consume state for consumption on the premises and beverages to the customer and generally includes the following characteristics:

1.

Holds a County issued liquor license.

2.

May accept dining reservations as a standard procedure.

3.

May utilize a hostess to seat patrons.

4.

Has meeting and/or banquet facilities incidental to the principal use.

5.

Does not have carryout service on a regular basis.

6.

May have video gaming terminals where video gaming terminals are ancillary to the principal business activity and holds a video gaming license from the State of Illinois and has secured a liquor license.

Class C restaurant: An establishment wherein the principal business is the sale of food in the ready-to-consume state for consumption on the premises and beverages to the customer and generally includes the following characteristics:

1.

Has a bar/lounge area separate from the restaurant which is utilized by non-eating customers.

2.

Has, on a regular or semi-regular basis, entertainment facilities to include, but not be limited to, dance floors, disc jockeys, or live bands.

3.

Has additional facilities other than the restaurant, to attract customers.

4.

Holds a County issued liquor license.

5.

Accepts dining reservations as a standard procedure.

6.

Utilizes a hostess to seat patrons.

7.

Has meeting and/or banquet facilities incidental to the principal use.

8.

Does not have carryout service on a regular basis.

9.

May have video gaming terminals where video gaming terminals are ancillary to the principal business activity and holds a video gaming license from the State of Illinois and has secured a liquor license.

Tavern/Bar: An establishment wherein the principal business use is the sale of beer, alcoholic, and non-alcoholic beverages to be consumed on the premises. The term tavern herein also can refer to bar or pub.

Roadside stand: A structure for the display and sale of agricultural products, at least a part of which are raised or grown on the property where such structure is located. A roadside stand shall be located on a lot containing not less than five (5) acres of land area where the principal use is agriculture. The stand, including all off-street parking facilities, shall be located not less than forty feet (40′) from any right-of-way line of any public street, shall not have a building height exceeding one (1) story, shall not contain space for customers in the structure, and shall not exceed six hundred (600) square feet of floor area. The farm products sold in the stand may include trees, shrubs, flowers, vegetable, fruit, poultry and poultry products and other similar farm products.

Sanitary landfill: A facility permitted by the Illinois Environmental Protection Agency (IEPA) for the disposal of waste, on land meeting the requirements of the Resource Conservation and Recovery Act, (PL 94-580), and regulations thereunder, and shall operate in such a manner as to minimize nuisances or hazards to the public health, safety, and welfare by confining the refuse to the smallest practical volume and covering it with a layer of earth at the conclusion of each day's operation, or by such other methods and at such intervals as the County Board may provide by regulations.

Self-storage facility: A building or buildings designed and used exclusively for the storage of personal property and, including varying sizes of individual, compartmentalized and controlled access stalls for the storage of goods or wares, excluding toxic or corrosive substances. A self-storage facility may include a caretaker's residence and administrative offices, but shall not include other uses such as repair, manufacturing, service or similar uses.

Sewage system: A sewage system in DuPage County shall be defined as follows:

Private sewage system; nonresidential: A privately owned, nonresidential sewage system which discharges effluent to a public sewage system, a watercourse, or on site.

Private sewage system; residential: A privately owned, residential, sewage system which discharges effluent on site or to a watercourse.

Public sewage system: A sewage system operated by a public agency or public utility and is subject to regulations by the Illinois Environmental Protection Agency (IEPA).

Signs: See Article XI, "Sign Requirement," of this chapter.

Special event: Any temporary occurrence involving a display, demonstration, performance, exhibition or amusement which includes, but is not limited to, festivals, concerts, carnivals, arts and crafts shows, sporting events, socials, parties, rallies and the like.

Specified anatomical areas:

A.

Less than completely or opaquely covered human genitals, pubic region, buttock, anus or female breast below a point immediately above the top of the areola; and

B.

Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

Specified sexual activities:

A.

Human genitals in a state of sexual stimulation or arousal;

B.

Acts of human masturbation, sexual intercourse, fellatio or sodomy;

C.

Fondling, kissing or other erotic touching of specified anatomical areas;

D.

Flagellation or torture in the context of a sexual relationship;

E.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

F.

Erotic touching, fondling or other such contact with an animal by a human being; or

G.

Human excretion, urination, menstruation or vaginal or anal irrigation as part of or in connection with any of the activities set forth in Subsections A through F of this section.

Stable, private: An accessory building located on a single-family residential lot to be used for housing horses for the private use of the resident of the lot.

Street: An improved public or private right-of-way or easement affording primary means of vehicular access to abutting properties designated as a street, avenue, highway, road, boulevard, lane, or throughway. The following street types are based on the functional highway classification for the adopted "The Year 2005 Street and Highway Plan for DuPage County."

Arterial street: A major or minor street of greater continuity intended to serve as a large volume trafficway for the immediate County area and regions beyond, and may be designated on the County's "Year 2005 Street and Highway Plan" as a major or minor arterial, tollway, freeway or expressway.

Major collector street: A street distributing vehicle trips between local street systems and arterial streets. A major collector street will have moderate continuity (generally one (1) to three (3) miles) and may serve intercommunity travel.

Local streets: The following streets serve primarily a land access function:

A.

Minor collector: A street to collect and distribute local subdivision traffic to major collectors and arterials. Direct residential driveway access to these streets shall be minimized.

B.

Industrial service street: A street of limited continuity, used primarily for access to abutting industrial or office research properties.

C.

Minor street: A street of limited continuity used primarily for access to abutting residential properties.

D.

Frontage road: A minor street paralleling, adjacent to and often within the right-of-way of an arterial street, providing access to local street systems and protection from through traffic.

E.

Other streets:

1.

Cul-de-sac street: A minor street of short length having only one (1) outlet and a suitable terminus as approved by the appropriate highway authority providing for the safe and convenient reversal of traffic movement.

2.

Private street: An undedicated street privately owned and maintained, or an easement of access benefitting a dominant tenant.

Street frontage:All that property fronting on one (1) side of a street: a) lying between two (2) intersecting streets, b) lying between one (1) intersecting street and the centerline extended of the nearest street connecting with but not intersecting such street, or c) lying between the centerlines extended of the nearest streets connecting with, but not intersecting such street, provided however, the minimum distance between the centerlines of any such streets shall be one hundred fifty feet (150′).

Structural alteration: Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls and does not include an addition to the building.

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

Structure, completely enclosed: A building enclosed by a permanent roof and solid exterior walls with preplanned constructed windows, doors and other appropriate openings.

Structure, detached: Any structure having no party wall or common wall with another structure. Bridges, tunnels, breezeways and other similar means of connecting one (1) structure to another shall not, for the purposes of this chapter, be considered to constitute a party wall or a common wall.

Structure, temporary: Except as hereinafter provided, a temporary structure is a structure designed for a limited period of time or tenure on a zoning lot.

Transition yard: A required yard on a zoning lot which usually acts as buffer between two (2) land uses of different types or intensities and which shall provide a landscape yard in accordance with Section 37-419, "Landscaping," of this chapter. A transition yard shall be located on the zoning lot with the higher intensity use. Transition yards are specifically required as follows:

A.

Between any nonresidential zoning district and any residential zoning district.

B.

Between any nonresidential use and a residential use.

C.

Between any two-family or multiple-family dwelling and a single-family detached dwelling.

D.

On zoning lots containing zoning relief granted by the County Board: variations or conditional uses for nonsingle-family detached development or redevelopment.

E.

On any zoning lot in any nonresidential zoning district which utilizes the fifty percent (50%) yard reduction by conditional use. All required yards on such zoning lots shall be considered transition yards.

F.

On nonsingle-family detached zoning lots which utilize the interior portion (but no more than twenty percent (20%)) of any required yard for accessory off-street parking, loading or on site circulation.

G.

On single-family detached zoning lots which request variations or conditional uses.

Truck stop, large: A facility located within three (3) road miles from a freeway interchange, as measured in accordance with the Department of Transportation's rules regarding the criteria for the installation of business signs, and is at least a three-acre facility with a convenience store, has separate diesel islands for fueling commercial motor vehicles, sells at retail more than fifty thousand (50,000) gallons of diesel or biodiesel fuel per month, and has parking spaces for commercial motor vehicles.

Truck stop, small: A facility that is at least a three-acre facility with a convenience store, has separate diesel islands for fueling commercial motor vehicles, that sells at retail more than ten thousand (10,000) gallons of diesel or biodiesel fuel per month, and has parking spaces for commercial motor vehicles.

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

Use, conditional: A use either public or private having some special impact that requires a careful review of the location, design, configuration, and the desirability of permitting its establishment on any given site. Its use may or may not be appropriate in a particular location depending on a weighing, in each case, of the local impact and effect.

Use, nonconforming: Any lawfully established use of a building or premises which, on the effective date of this chapter, does not comply with all of the applicable use regulations of the zoning district in which such building or premises shall be located. For the purpose of this chapter, any residence located within a business or industrial district, and any use lawfully established on the effective date of this chapter which is nonconforming solely by virtue of lacking off-street parking and loading facilities as required hereinafter for new uses, shall not be deemed a nonconforming use.

Use, principal: The main use of land or buildings as distinguished from a subordinate or accessory use. The principal use may be either a permitted, or a conditional use.

Use, temporary: Any activity or use designed, built, conducted, erected or occupied for short and/or intermittent periods of time and shall include, but not be limited to, garage sales, tents, lunch wagons, dining cars, trailers, and other roofed structures on wheels or other supports used for business, storage, industrial, institutional, assembly, educational or recreational purposes.

Use, unlisted: (See Section 37-403.6, "Interpretation of Use Lists," of this chapter.)

Utility company: A public or private utility conveying or providing electricity, electronic data, natural gas, telephone service, cable television, or water at, above or below surface grade where said entity complies with applicable State and Federal regulations governing such utility company.

Utility, private: An entity where the principal use is conveying, generating or providing electricity, electronic generation, electronic data, natural gas, telephone service, cable television or water or similar type of utility at, above or below surface grade where said entity is not regulated by the Illinois Commerce Commission (ICC).

Utility, public: An entity where the principal use is conveying, generating or providing electricity, electronic data, natural gas, telephone service, cable television or water or similar type of utility at, above or below surface grade where said entity is regulated by the Illinois Commerce Commission (ICC).

Variation: A relaxation of the terms of the zoning ordinance where such variation will be in harmony with the general purpose and intent and not contrary to the public interest, and where, due to conditions peculiar to the property and not the direct result of the actions of the owner, a literal enforcement of the ordinance would result in practical difficulties or a particular hardship. Variations may be granted in the use, construction, or alteration of a building or structure, or in the use of land.

Vehicle: Every device, in, upon or by which a person or property is or may be transported or drawn upon a highway, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act.

Abandoned vehicle: Any vehicle in a state of disrepair rendering the vehicle incapable of being driven in its condition and/or any vehicle that has not been moved or used for seven (7) consecutive days or more and is apparently deserted by its owner.

Antique vehicle: Any vehicle that is not otherwise inoperable, that is more than twenty-five (25) years of age or that is an authentic replica thereof and that is capable of being driven along any public roadway only going to and returning from an antique auto show or an exhibition, or for servicing or demonstration and has affixed to the vehicle antiques license plates issued by the appropriate authority.

Bus: Every motor vehicle, other than a commuter van, designed for carrying more than ten (10) persons.

Commercial vehicle: 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, but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle being used commercially, or any vehicle that has a gross vehicle weight rating over ten thousand one pounds (10,001 lbs.).

Commuter van: A motor vehicle designed for the transportation of not less than seven (7) nor more sixteen (16) passengers, which is: a) used in a ridesharing arrangement; or b) owned or leased by or on behalf of a company or an employee organization and operated on a nonprofit basis with the primary purpose of transporting employees of the company between the employees' homes and the company's place of business or a public transportation station and in which the operating, administrative, maintenance and reasonable depreciation costs are paid principally by the persons utilizing the commuter van.

Custom vehicle: Any motor vehicle that is at least twenty-five (25) years of age and of a model year after 1948 or a vehicle that has been certified by an inspector of the national street rod association, on a form prescribed by the secretary of state, to be a custom vehicle manufactured to resemble a vehicle at least twenty-five (25) years of age and of a model year after 1948 and has been altered from the manufacturer's original design or has a body constructed from non original materials and which is maintained for occasional transportation, exhibitions, club activities, parades, tours, and similar uses and which is not used for general daily transportation.

Derelict vehicle: Any inoperable, and/or unregistered, and/or discarded motor vehicle, regardless of title, having lost its character as a substantial property where the vehicle is left unattended without justification by the owner of the vehicle or property owner.

Gross vehicle weight rating (GVWR): The value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle. The GVWR of a combination of vehicles (commonly referred to as the "gross combination weight rating" or GCWR) is the GVWR of the power unit plus the GVWR of the towed unit or units. In the absence of a value specified by the manufacturer, GCWR is determined by adding the GVWR of the power unit and the total weight of the towed unit and any load on the unit.

Gross weight: The weight of a vehicle whether operated singly or in combination without load plus the weight of the load thereon.

Hire vehicles:

For hire vehicle: The operation of a vehicle for compensation and subject to Federal regulation by the Interstate Commerce Commission or to state regulation by the Illinois Commerce Commission and those vehicles regulated by the secretary of state.

Not for hire vehicle: Operation of a commercial vehicle in furtherance of any commercial or industrial enterprise but not for hire.

Inoperable vehicle: Any vehicle, which is incapable of being, operated which is not otherwise an abandoned, derelict or junk vehicle. The term shall not include a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles, or a motor vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary service or repair operations.

Junk vehicle: Any vehicle which has been or is being disassembled, crushed, compressed, flattened, destroyed or otherwise reduced to a state in which it no longer is in an operable state.

Limousine: Any privately owned first division vehicle intended to be used for the transportation of persons for hire when the payment is not based on a meter charge, but is prearranged for a designated destination.

Model year: The year of manufacture of a vehicle based upon the annual production period of the vehicle as designated by the manufacturer and indicated on the title and registration of the vehicle. If the manufacturer does not designate a production period for the vehicle, then "model year" means the calendar year of manufacture.

Motorcycle: Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor.

Motor vehicle: Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs. For this chapter, motor vehicles are divided into two (2) divisions:

A.

First division: Those motor vehicles, which are designed for the carrying of not more than ten (10) persons.

B.

Second division: Those motor vehicles which are designed for carrying more than ten (10) persons, and/or those motor vehicles designed and/or used for living quarters, and/or those motor vehicles designed for pulling or carrying freight cargo and/ or implements of husbandry, and/or those motor vehicles of the first division remodeled for use and used as motor vehicles of the second division.

Multipurpose passenger vehicle: A motor vehicle with motive power, except a trailer, designed to carry ten (10) persons or less that is constructed either on a truck chassis or with special features for occasional off road operation.

Noncommercial vehicle: Any vehicle that is not a commercial vehicle.

Passenger car: A motor vehicle of the first division including a multipurpose passenger vehicle that is designed for carrying not more than ten (10) persons.

Recreational vehicle: Every camping trailer, motor home, mini-motor home, travel trailer, truck camper or van camper used primarily for recreational purposes and not used commercially not owned by a commercial business. Also, any towed recreational equipment, including the trailers used for same such as boats, snowmobiles and motorcycles used privately for recreational purposes and not used commercially. The term "recreational vehicle" more specifically includes, but is not limited to the following:

All-terrain vehicle: Any motorized off highway device fifty inches (50″) or less in width, having a manufacturer's dry weight of six hundred (600) pounds or less, traveling on three (3) or more low pressure tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control.

Camping trailer: A trailer, not used commercially, constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an over dimension permit when towed on a highway.

Motor home, mini-motor home, or van camper: A self-contained motor vehicle, not used commercially, designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk through access to the living quarters from the driver's seat. Such vehicles must include at least four (4) of the following:

1.

A cooking facility with an on board fuel source;

2.

A gas or electric refrigerator;

3.

A toilet with exterior evacuation;

4.

A heating or air conditioning system with an on board power or fuel source separate from the vehicle engine;

5.

A portable water supply system that includes at least a sink, a faucet, and a water tank with an exterior service supply connection;

6.

A 110—125 volt electric power supply.

Travel trailer: A trailer, not used commercially, designed to provide living quarters for recreational, camping or travel use, and of a size or weight not requiring an over dimension permit when towed on a highway.

Truck camper: A truck, not used commercially, when equipped with a portable unit designed to be loaded onto the bed, which is construed to provide temporary living quarters for recreational, travel or camping use.

Semitrailer: Every vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

Tow truck: Every truck designed or altered and equipped for and used to push, tow or draw vehicles by means of a crane, hoist, towbar, tow line or auxiliary axle, or to render assistance to disabled vehicles.

Trailer: Every vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight rests upon the towing vehicle.

House trailer:

A.

A trailer or semitrailer equipped and used for living quarters or for human habitation (temporarily or permanently) rather than for transportation of freight, goods, wares and merchandise (see definition of "mobile home");

B.

A house trailer or semitrailer which is used commercially (temporarily or permanently) for the advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation for distribution by a private carrier.

Truck: Every motor vehicle, except a road tractor or a truck tractor as otherwise defined in this chapter, designed, used or maintained primarily for the transportation of property.

Truck tractor: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

Vehicle operator: To ride in or on, other than as a passenger, use or control in any manner the operation of any device or vehicle whether motorized or propelled by human power.

Vehicle owner: A person who holds legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of such vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.

Vehicle owner operator: A commercial motor vehicle lessor who leases the commercial motor vehicle, with driver, to a lessee.

Veteran's establishment: A location where a qualified veteran's organization that derives its charter from a national veteran's organization regularly meets.

Video gaming:

Video gaming café restaurant: An establishment wherein the principal business use is video gaming where the proprietor holds a video gaming license from the State of Illinois and provides alcohol service per a liquor license from the County and may serve prepared food or packaged food for consumption on the premises incidental to the operation of video gaming (see also definition of "Restaurant").

Video gaming licensed establishment: Any licensed retail establishment where alcoholic liquor may be drawn, poured, mixed, or otherwise served for consumption on the premises, whether the establishment operates on a nonprofit or for-profit basis.

•

A video gaming licensed establishment includes any such establishment that has a contractual relationship with an inter-track wagering location licensee licensed under the Illinois Horse Racing Act of 1975, provided any contractual relationship shall not include any transfer or offer of revenue from the operation of video gaming under this Act to any licensee licensed under the Illinois Horse Racing Act of 1975. Provided, however, that the licensed establishment that has such a contractual relationship with an inter-track wagering location licensee may not, itself, be (i) an inter-track wagering location licensee, (ii) the corporate parent or subsidiary of any licensee licensed under the Illinois Horse Racing Act of 1975, or (iii) the corporate subsidiary of a corporation that is also the corporate parent or subsidiary of any licensee licensed under the Illinois Horse Racing Act of 1975.

Video gaming terminal: Any electronic video game machine that, upon insertion of cash, electronic cards or vouchers, or any combination thereof, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, as authorized by the Illinois Gaming Board, utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only.

Video gaming terminal establishment: An accessory use that is not a video gaming café, where video gaming terminals are an accessory use to the principal business use on the premises, and where the proprietor of the principal business use holds a video gaming license from the State of Illinois and may hold a liquor license from the County.

Warehouse: A building or structure or part thereof, used principally for the storage of goods and merchandise.

Water supply: A water supply in DuPage County shall be defined as follows:

Public water system: A system for the provision to the public of piped water for human consumption, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily, for at least sixty (60) days out of the year. Such term includes: a) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and b) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A public water system is either a "community water system" or a "noncommunity water system."

Community water system: A community water system serves one (1) or more lots; maintains fifteen (15) or more connections or serves at least twenty-five (25) residents on a regular basis; and meets all Federal and State of Illinois Standards.

Noncommunity water system: A public water system which is not a community water system.

Private water system for human consumption: A system that serves only one (1) lot and fewer than twenty-five (25) residents.

Private water system, nonpotable: Any water system providing water for nonpotable uses.

Yard: An open space on the same zoning lot with a building, structure or use, unoccupied and unobstructed from its lowest level to the sky, except by landscaping and as otherwise permitted in Sections 37-405 and 37-406 of this chapter. A yard extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located.

Yard, corner side: A yard extending along a side lot line adjoining a street between the front and rear yards to a width specified in the yard requirements for the zoning district.

Yard, front: A yard extending along the full length of the front lot line between the side lot lines to a depth specified in the yard requirements for the zoning district.

Yard, rear: A yard extending along the full length of the rear lot line between the side lot lines to a depth specified in the yard requirements for the zoning district.

Yard, side: A yard extending along a side lot line between the front and rear yards to a width specified in the yard requirements for the zoning district.

Zoning Board of Appeals: The DuPage County Zoning Board of Appeals.

Zoning certificate: A certificate issued by the Director, Department of Economic Development and Planning, certifying that any proposed use, building, or structure to be located on a lot is in accordance with all of the regulations of this chapter.

(2005 Code; Ord. ZP-T-3-05; Ord. ZP-T-4-05, 7-11-2006; Ord. T-3-10A, § 1, 3-20-2011; Ord. T-2-11, Exh. 1(16), 10-11-2011; Ord. T-2-12, 10-23-2012; Ord. T-1-14, § 1, 11-25-2014; Ord. No. T-1-17, § 1, 10-23-2018; Ord. No. T-1-22, 10-25-2022; Ord. No. DC-O-0043-24, 6-25-2024; Ord. No. DC-O-0050-24, 8-27-2024; Ord. No. DC-O-0056-24, 8-27-2024)