Evergreen Park City Zoning Code
ARTICLE II
TERMS
Sec. 25-20. Word Usage.
A. Tense and Form. Words used or defined in one tense or form shall include other tenses and derivative forms.
B. Number. Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.
C. Gender. The masculine gender shall include the feminine and neuter. The feminine gender shall include the masculine and neuter. The neuter gender shall include the masculine and feminine.
D. Shall and May. The word "shall" is mandatory. The word "may" is permissive.
E. Time. The time within which any act required by this Code is to be performed shall be computed by excluding the first day and including the last day, unless the last day is a Saturday or Sunday or a holiday declared by the Village, in which event it shall also be excluded.
F. Person. The word "person" includes individuals, firms, partnerships, joint ventures, trusts, trustees, estates, corporations, associations, and any other similar entities.
G. Used For. The phrase "used for" shall include intended for, designed for, occupied for, maintained for, and arranged to be used or occupied for whenever that interpretation would result in the regulation being more restrictive in its application to any use or structure.
H. Village. The word "Village" means the Village of Evergreen Park, Illinois.
I. County. The word "county" and the phrase "Cook County" mean the County of Cook, Illinois.
J. Undefined Terms. Any word not defined in this Code shall have the meaning given in any applicable Village Code or ordinance or, if none, in Webster's New International Dictionary, Second Edition 1975, except for words employed to refer to the permitted uses and special uses of this Code, which shall be interpreted, insofar as applicable, in accordance with the meaning established in the Standard Industrial Classification Manual, as amended through the effective date of this Code.
K. Captions, Illustrations, and Tables. In case of any difference of meaning or implication between the text of this Code and any caption, illustration, or table, the text shall control.
Sec. 25-21. Definitions.
When used in this Code, the following terms shall have the meanings herein ascribed to them. The definitions contained in the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., are hereby incorporated by reference, including such changes as may be approved from time to time by the laws of the State of Illinois.
Accessory Use or Structure. A use or structure that: (1) is subordinate in extent and purpose to, and serves, a principal use or structure; and (2) is customarily found as an incident to such principal use or structure; and (3) contributes to the comfort, convenience, or necessity of those occupying, working at, or being served by such principal use or structure; and (4) except as otherwise expressly authorized by the provisions of this Code, is located on the same zoning lot as such principal use or structure; and (5) is under the same ownership and control as such principal use or structure.
Adult Book Store. An establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas," or an establishment with a segment or section devoted to the sale or display of such material.
Adult Entertainment Cabaret. A public or private establishment which is licensed to serve food or alcoholic beverages, which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.
Adult Mini Motion Picture Theaters. An enclosed building with a capacity for less than 50 persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas," for observation by patrons therein.
Adult Motion Picture Theater. An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas," for observation by patrons therein.
Alley. A public right-of-way that affords only a secondary means of vehicular access to abutting property.
Area, see "Building Area."
Area, Gross. The total land and water area included in a parcel that is the subject of an application filed pursuant to this Code, excluding only property located in public right-of-way or private easements of access or egress.
Basement. A portion of a structure located partly underground but having less than half its clear floor to ceiling height over more than half of its floor area below grade.
Block. A tract of land bounded by streets or by a combination of streets, public lands, railroad rights-of-way, waterways, or boundary lines of the Village.
Board of Appeals. The Zoning Board of Appeals of the Village.
Board of Trustees. The Mayor and the Board of Trustees of the Village.
Building. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property.
Building Coverage. The percentage of a lot's area covered by any building or structure, including without limitation all areas underneath a roof.
Building Depth. The longest straight line that can be drawn through a structure substantially parallel to the side or corner side lot lines of the lot on which it is located.
Building, Detached. A building surrounded entirely by open space.
Building, Principal. A building in which is conducted the principal use of the lot on which said building is situated.
Building Width. The longest straight line that can be drawn through a structure parallel to the front lot line.
Business Use or Purpose. Any use permitted in a commercial district.
Chapter. The Evergreen Park Zoning Code.
Code. The Evergreen Park Zoning Code.
Commercial Uses, see "Business Use."
Community Residence. A group home or specialized residential care home serving unrelated persons with disabilities living in a family-like setting and constituting a single housekeeping unit. Community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treatment of a communicable disease.
Community Residence-Small. A community residence serving 8 or fewer persons with disabilities in a family-like atmosphere.
Community Residence-Large. A community residence serving 9 to 15 persons with disabilities.
Corner Lot . A lot abutting upon two or more streets at their intersection or junction or a lot bounded on two sides by a curving street where it is possible to draw two intersecting tangents, one each commencing at each of the two points of intersection of the lot lines and street line, which intersect with each other to form an interior angle of less than 135 degrees.
Depth of Lot. The mean horizontal distance between the front and rear lot lines.
Depth of Rear Yard . The mean horizontal distance between the rear line of the building and the centerline of the alley, where an alley exists, otherwise the rear lot line.
Development. Any man-made change, other than maintenance of existing structures, paved areas or utilities, to improved or unimproved real estate, including, without limitation, the construction or installation of new, or enlargement of existing, structures, streets, or utilities; dredging, filling, drilling, mining, grading, paving, or excavating operations; and open storage of materials.
District. One or more sections of the Village for which the regulations governing the height, area, and use of building and premises are the same.
Driveway. A private access way that provides direct access from a street to not more than one lot or one principal building or use.
Dwelling, Single Family Attached. A dwelling composed of a row of two or more adjoining dwelling units, each situated on a separate subdivision lot or being a separate condominium unit capable of individual sale, and each of which is separated from the others by one or more unpierced walls extending from ground to roof, and each of which is provided with garage space sufficient for at least two vehicles.
Dwelling, Single Family Detached. A dwelling containing only one dwelling unit, situated on a separate subdivision lot or being a separate condominium unit capable of individual sale and completely surrounded by open space.
Dwelling, Multiple Family. A dwelling, other than a single family attached dwelling, containing two or more dwelling units.
Dwelling Unit. Any room or group of rooms located within a dwelling forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking, eating, and sanitation by one family.
Family. Either one or more persons occupying a premises and living as a single housekeeping unit, and related to each other by birth, adoption or marriage, and including domestic servants as distinguished from a group occupying a boardinghouse, lodginghouse or hotel as defined in this section or, for the purpose of community residences, the persons living together may be unrelated.
Fence. A barrier structure used as a boundary or as a means of protection, confinement, or screening.
Floor Area, Gross. The sum of the gross horizontal areas of all floors of a building measured from the exterior face of the exterior walls, but not including any floor with a ceiling height of less than 7 feet and cellar floors.
Floor Area, Net. The gross floor area of a building minus floor space devoted to washrooms; elevator shafts and stairwells at each floor; floor space and shafts used for mechanical, electrical, and plumbing equipment; floor space devoted to off-street parking and loading; and basement, attic, and floor space used only for storage and which is inaccessible to the public.
Floor Area Ratio. The gross floor area of a building divided by the total lot area of the zoning lot on which it is located.
Garage. A structure, or part thereof, designed or used for the parking and storage of vehicles at one or more levels.
Height of Building. The vertical measurement taken from the mean level of the ground around the building to the highest point of the roof, for flat roofs and mansard roofs; and to a point halfway between the ridge level and the line where the main wall-face and the roof slant meet, for hip, gable or gambrel roofs.
Home Occupation. Any occupation or profession, practiced by a member of the family residing on the premises, and which occupation is clearly incidental and secondary to the residential use of the dwelling; and in connection with which there is no indication from the exterior, other than one unanimated, nonilluminated sign of not more than one square foot in size, that the building is being utilized in whole or in part for any purpose other than that of a dwelling. No commodity is sold upon the premises and no commodity intended for sale or use elsewhere is stored on the premises; no more than one person is employed other than members of the family residing on the premises; and no mechanical or electrical equipment is used except for telephones, calculators, typewriters and computers. A professional person may use his residence for consultation, emergency treatment or performance of religious rites. No accessory building shall be used for such home occupation. Home occupations, further, shall not utilize more than 25 percent of the total floor area of any one story. No vehicle used in conjunction with the home occupation may be parked on the premises, based at the premises, or parked on the public street in the area of the premises, except for one passenger car designed for carrying not more than 6 persons.
Intensity of Use of Lot. That portion of the area of a lot which is occupied by or which may be occupied by or which may be occupied under this Code by building and accessory buildings.
Line of Building. The boundary of any side of the building, excluding only open porches not exceeding one story in height and glazed porches whose roof line is not higher than 3 feet above the second floor level, or whose area projected over the building lines does not exceed 200 square feet; steps and terraces at or below the first floor level; balconies, canopies or cornices projecting not more than 3-1/2 feet beyond the wall of the building.
Lot. See "Lot of Record" and "Lot, Zoning". Unless the context indicates otherwise, all references in this Code to a "lot" shall be deemed to mean a "zoning lot".
Lot Area. Only area within the lot lines shall be considered a part of a lot, and streets and alleys are excluded in determining the dimensions of a lot except where otherwise specifically stated.
Lot Corner. A lot abutting upon two or more streets at their intersection or junction or a lot bounded on two sides by a curving street where it is possible to draw two intersecting tangents, one each commencing at each of the two points of intersection of the lot lines and street line, which intersect with each other to form an interior angle of less than 135 degrees.
Lot Depth. The mean horizontal distance between the front and rear lot lines.
Lot Interior. A lot other than a corner lot.
Lot Lines. The property lines bounding a lot.
Lot Line, Corner Side. Any street line of a corner lot other than its front lot line.
Lot Line, Front. In the case of an interior lot abutting upon only one street, the line separating such lot from such street; in the case of a through lot, each line separating such lot from a street shall be considered a front lot line; in the case of a corner lot, the shorter lot line separating such lot from a street shall be considered to be the front lot line.
Lot Line, Rear. That lot line that is parallel to and most distant from the front lot line of the lot; provided, however, that in any case where no lot line of at least 20 feet in length is parallel to the front lot line, an imaginary line 20 feet in length, entirely within the lot, parallel to, and at the maximum possible distance from, the front lot line shall be considered to be the rear lot line.
Lot Line, Side. Any lot line other than a front, corner-side, or rear lot line.
Lot of Record. A lot that is part of a subdivision, the properly approved plat of which has been recorded in the office of the Recorder of Deeds or Registrar of Titles of Cook County, Illinois, or a parcel of land separately described in a recorded deed. A tax divided parcel is not a lot of record.
Lot, Width of. The shortest horizontal distance between side lot lines measured by a line passing through the point of the required front yard line equidistant from the points where the front yard line intersects the side yard lines (measured along the front yard line); provided, however, that the length of the front lot line shall not be less than 80 percent of the required minimum lot width.
Lot, Zoning. A tract of land consisting of one or more lots of record under single fee title ownership located entirely within a block and occupied by, or designated by its owner or developer at the time of filing for any zoning approval or building permit as a tract to be developed for, a principal building and its accessory buildings, or a principal use, together with such open spaces and yards as are designed and arranged, or required under this Code, to be used with such building or use. Notwithstanding the foregoing, sale of individual lots of record underlying individual dwelling units in an attached or two-family dwelling, following issuance of a Certificate of Occupancy for such dwelling, shall not prevent treatment of the tract of land underlying such dwelling as a zoning lot and all applicable bulk, space, and yard requirements shall be applied with respect to such dwelling and such zoning lot rather than with respect to individually-owned dwelling units and lots of record.
Nonconforming Lot of Record. A lot of record that does not comply with the lot requirements for any permitted use in the district in which it is located.
Nonconforming Lot of Record, Legal. A nonconforming lot of record that: (a) was created by a plat or deed recorded at a time when, and came into ownership separate from adjoining tracts of land at a time when, the creation of a lot of such size, shape, depth, and width at such location would not have been prohibited by any ordinance or other regulation; and (b) has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such a lot has been prohibited by any applicable ordinance or other regulation.
Nonconforming Structure. Any building or structure lawfully existing on the effective date of this Code, or any amendment to it rendering such building or structure nonconforming, that: (a) does not comply with all of the regulations of this Code, or any such amendment thereto, governing parking, loading, or bulk and space requirements for the zoning district in which such building or structure is located; or (b) is located on a lot that does not, or is so located on a lot as not to, comply with the yard or setback requirements for the zoning district in which such building or structure is located; or (c) both (a) and (b); except (d) any building containing more than one dwelling unit in addition to the number permitted by the district regulations in the district where it is located shall be deemed to be a nonconforming use rather than a nonconforming structure.
Nonconforming Use. Any use lawfully being made of any land, building or structure, other than a sign, on the effective date of this Code, or any amendment to it rendering such use nonconforming, that does not comply with all of the regulations of this Code, or any such amendment hereto, governing use for the zoning district in which such land. building or structure is located.
Person With a Disability. Any individual whose disability:
A. Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments;
B. Is likely to continue for a significant amount of time or indefinitely;
C. Results in functional limitations in 3 or more of the following areas of major life activities:
1. Self care;
2. Receptive or expressive language;
3. Learning;
4. Mobility;
5. Self direction;
6. Capacity for independent living; and
7. Economic self-sufficiency.
D. Reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration.
Principal Structure or Building. A structure or building on a zoning lot intended to be utilized for a principal use and to which any other structure on such lot must be accessory.
Principal Use. The use of a zoning lot, whether a permitted or specifically permitted use, designated by the owner of such lot as the primary or main use of such lot and to which any other use on such lot must be accessory.
Residential Structure. A structure containing one or more dwelling units.
Setback. The distance between the front lot line and the building line.
Sign. Any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
Specified Sexual Activities. Is defined as:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy;
C. Fondling or other erotic touching of human genitals, pubic regions, buttock or female breast.
Specified Anatomical Area. Is defined as:
A. Less than completely and opaquely covered:
1. human genitals, pubic region;
2. buttock, and
3. female breast below a point immediately above the top of the areola;
B. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
Staff. Paid professional support staff provided by a sponsoring agency for a community residence, either living with the residents on a 24-hour full-time basis or non-live-in on a 24-hour shift basis or present whenever residents with disabilities are present at the dwelling. Staff personnel are not to be included in counting the number of disabled persons permitted in a residential zoning district.
Story. Except as otherwise specifically provided in this Code, that portion of a building included between the surface on any floor and the surface of the floor next above it, or if, there is no floor above, then the space between the floor and the ceiling next above it. The floor of a story may split levels provided that there is not more than four feet difference in elevation between the different levels of the floor. When the floor area of the upper-most story that has a floor-to-ceiling height of less than seven feet is more than 50 percent of the gross floor area of the story next below it, such upper-most story shall be counted as one-half story. A basement shall be counted as one-half story; a cellar shall not be counted as a story. Any area in which the distance from one floor to the floor or ceiling above it is more than 16 feet shall be deemed to consist of one story for each 16 feet of height or major fraction thereof.
Street. A thoroughfare furnishing principal means of access to abutting property, used for public foot and vehicle traffic, other than an alley.
Street line. The dividing line between a street and the lot. The front street line shall be deemed to be the shortest street line.
Street Wall. A main wall nearest to and facing on a street including sun parlors but not including bay windows that do not constitute more than one-third of the width of the frontage of the building, and not including ground story porches and piazzas that are not closed in.
Structural Alterations. Any change, other than incidental repairs, that would prolong the life of the supporting members of a structure such as bearing walls, columns, beams, girders, or foundations or that would alter the dimensions or configurations of the roof or exterior walls of a structure or that would increase either the gross or net floor area of a structure.
Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or anything attached to something having a permanent location of the ground, but not including paving or surfacing of the ground. References to "structure" shall in all cases be deemed to refer to both structures and buildings.
Transitional Service Facility. An authorized and licensed dwelling operated by a public or private agency duly authorized and licensed by any state agency having authority to license and approve said facility that houses individuals being cared for by the agency and deemed by the agency to be capable of living and functioning in the community and that provides continuous professional guidance.
Use. The purpose of activity for which a structure or land is designed, arranged, or intended, or for which it is occupied or maintained.
Use, Permitted. A use that appears on the permitted use list of a particular zoning district.
Yard. A required open space on a lot between a lot line and a yard line that is, except as otherwise expressly authorized by this Code, unoccupied and unobstructed from grade to the sky.
Yard, Corner Side. A yard extending from the front yard line to the rear yard line between the corner side lot line of the lot and the corner side yard line.
Yard, Front. A yard extending across the entire front of a lot between the front lot line of the lot and the front yard line.
Yard, Rear. A yard extending across the entire rear of a lot between the rear lot line of the lot and rear yard line.
Yard, Required. The minimum yard depth designated in the regulations of this Code establishing minimum front, corner side, side, and rear yard requirements for various uses, structures, and districts.
Yard, Side. A yard extending along a side lot line from the front yard to the rear yard between the side lot line and the side yard line.
Yard Line, Corner Side. A line drawn parallel to a corner side lot line at a distance therefrom equal to the depth of the required corner side yard.
Yard Line, Front. A line drawn parallel to a front lot line at a distance therefrom equal to the depth of the required front yard.
Yard Line, Rear. A line drawn parallel to a rear lot line at a distance therefrom equal to the depth of the required rear yard.
Yard Line, Side. A line drawn parallel to a side lot line at a distance therefrom equal to the depth of the required side yard.
(Am. Ord. No. 4-2014 § 1, 2-3-14; Am. Ord. No. 16-2021 § 1, 10-4-21)