Geneva City Zoning Code

CHAPTER 2

DEFINITIONS

SECTION:

11-2-1: - RULES OF CONSTRUCTION:

In the construction of this title, the rules and definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise. For clarity of interpretation of the context, the following definitions of word use shall apply:

Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

The word "shall" is mandatory and not discretionary.

The word "may" is permissive.

The word "lot" shall include the words "piece", "parcel", and "plots"; the word "building" includes all other structures of every kind.

All "measured distances" shall be to the nearest hundredth of a foot, unless an expressed standard indicates otherwise. If a fraction of a measured distance is one-half foot (½') or more, said distance shall be rounded to the next integral foot.

Words contained in this title and not defined hereinafter shall assume definitions as prescribed in "Webster's Unabridged Dictionary", 1993 edition. (Ord. 95-28, 5-1-1995; Ord. 95-79, 12-18-1995)

11-2-2: - DEFINITIONS OF WORDS AND TERMS:

ACCESS:	The ability to ingress and/or egress from a public roadway.

ACCESS POINT:	Any driveway or other point of egress and/or ingress such as a street, road, or highway that connects to a public roadway.

ACCESSORY BUILDING OR STRUCTURE:	A building or structure other than the principal building or structure on a zoning lot. An accessory building or structure shall be clearly subordinate in scale and shall not exceed the height of the principal building or structure on the zoning lot, or twenty five feet (25') whichever is less, as measured from top of foundation to the highest point of said building or structure.

ACCESSORY DWELLING UNIT:	A dwelling unit subordinate to and located on the same zoning lot as an existing single-family detached dwelling that provides, separate from the principal single-family dwelling, provisions for cooking, eating, sleeping, sanitation, ingress and egress.

ACCESSORY USE:	A use which is:

	A. Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this title;

	B. Incidental and subordinate to and serves a principal use established on the same zoning lot;

	C. Subordinate in area, floor area, intensity extent, and purpose to the principal building, structure or use; and

	D. Not to be established on any lot prior to the establishment of the principal building, structure or use to which it is accessory.

ADDITION:	The increasing of the cubic contents of a building or the increasing of its ground area.

ADJACENT:	Bordering, touching, contiguous or adjoining.

ADULT ARCADE:	Any place to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting "specified sexual activities" or "specified anatomical areas."

ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE:	A commercial establishment which has a significant or substantial portion of its stock-in-trade, or derives a significant or substantial potion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:
	A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas;"
	B. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.

ADULT CABARET:	A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
	A. Persons who appear nude or semi-nude; or
	B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or

	C. Films, motion pictures, video cassettes, slides, compact discs or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas."

ADULT DAYCARE CENTER:	A nonresidential facility offering supervised care, recreation or training of adults.

ADULT MOTION PICTURE THEATER:	A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

ADULT THEATER:	A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear nude or semi-nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

ADULT USE BUSINESSES:	An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, escort agency or semi-nude model studio.

AFFORDABLE HOUSING:	Residential housing that has a sales or rental amount that is within the means of an "eligible household" as defined herein. In the case of dwelling units "for sale", housing that is affordable means housing in which mortgage, amortization, taxes, insurance, and condominium or association fees, if any, constitute no more than thirty percent (30%) of the gross annual household income for a household of the size that may occupy the unit. In the case of a "rental dwelling unit", housing that is affordable means housing for which the rent and utilities constitute no more than thirty percent (30%) of the gross annual household income for a household of the size that may occupy the unit.

AFFORDABLE HOUSING AGREEMENT:	Any agreement between the City of Geneva and a developer as required by chapter 16 of this title.

AFFORDABLE UNIT:	A dwelling unit of affordable housing that satisfies the requirements of chapter 16 of this title.

AGRICULTURE:	The use of land for agricultural purposes, including farming, limited to cultivation of grain crops, horticulture, floriculture and viticulture.

AIR RIGHTS:	The ownership or control of all land, property and that area of space of and above a horizontal plane and the ground surface of land circumscribed by the boundary of the tract, lot or zoning lot.

ALCOHOLISM AND SUBSTANCE ABUSE TREATMENT CENTER:	Any facility licensed under the Illinois alcoholism and other substance act. ^[1]

ALLEY:	A public right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a street.

ALTERNATIVE STRUCTURE:	A structure that is not primarily constructed for the purpose of holding antennas but on which one (1) or more Antennas may be mounted, such as buildings, water tanks, church steeples, and electric power transmission towers.

AMATEUR RADIO TOWER:	A tower used for non-commercial amateur radio transmissions consistent with the "Complete FCC U.S. Amateur Part 97 Rules and Regulations" for amateur radio towers.

AMENITY:	A natural or manmade feature which enhances or makes more attractive or satisfying a particular property or development.

ANCILLARY STRUCTURE:	For the purposes of section 11-3-12 et seq., any form of development associated with a wireless communication facility, including foundations, concrete slabs on grade, guy anchors, generators, and transmission cable supports, but excluding equipment cabinets.

ANNEXATION:	The incorporation of a contiguous land area into an existing municipality with a resulting change in the corporate boundaries of that municipality.

ANTENNA OR ANTENNA ELEMENT:	Any apparatus designed for the transmitting and/or receiving of electromagnetic waves, including telephonic, radio or television communications. Types of elements include omni-directional (whip) antennas, sectionalized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas.

ANTENNA ARRAY:	A single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.

ANTENNA, SATELLITE DISH:	A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, corn, horn or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic frequencies.

ASR:	The antenna structure registration number required by the FCC and FAA for many, but not all towers.

ANTIQUE SHOP:	An establishment offering antiques for sale. An antique, for the purpose of this title, shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least thirty (30) years old and have collectable value.

APARTMENT:	A room or suite of rooms in a two-family or multiple-family dwelling, or in a building including a nonresidential use, intended or designed for use as a residence by a single family. See definition of Dwelling Unit.

APPURTENANCE:	The visible, functional objects accessory to and part of buildings.

ARBOR:	Covered tunnel structure with trellis side panels for the support of climbing plants or vines, may be freestanding or incorporated as part of a fence. (See section 11-15-19 for an illustration of this structure.)

ARCADE OR AMUSEMENT ARCADE:	Any establishment displaying for public patronage or keeping for operation four (4) or more amusement devices including, but not limited to, pool tables, foosball tables, air hockey tables, mechanical rides for children, electronic games and shooting gallery type games.

AREA MEDIAN INCOME (AMI):	The median income level for the Chicago Primary Metropolitan Statistical Area, as established and defined in the annual schedule published by the Secretary of the U.S. Department of Housing and Urban Development, and adjusted for household size.

ASSISTED LIVING:	A special combination of housing, supportive services, personalized assistance and health-care designed to respond to the individual needs of those who need help with activities of daily living (ADLs) and instrumental activities of daily living (IADLs). Supportive services are available twenty-four (24) hours a day to meet scheduled and unscheduled needs, in a way that promotes maximum dignity and independence for each resident and involves the resident's family, neighbors and friends. Unlike independent living facilities, congregate living facilities, shared living facilities or home healthcare programs, assisted living facilities provide some level of ongoing supervision of their residents and assume responsibility for their well being.

ATHLETIC TRAINING FACILITY:	A specialized, indoor only facility provided for the training needs and related activities of athletes. Unlike a health or fitness club, these facilities are primarily for the prearranged use of specific teams and programs, rather than for general public or "walk-in" patron usage. The use may include classrooms and meeting space, as well as specialized sports facilities, such as ball courts, gymnasiums, weight rooms, and pools. Activities may include training sessions, practices, competitive events, limited open gym use, and ancillary retail sales.

AUTOMOBILE BODY SHOP:	Any building, or portion thereof, used for the repair or straightening of a motor vehicle body or frame, or painting of motor vehicles. Maintenance, service and engine repair may be performed as an ancillary function of the bodywork.

AUTOMOBILE REPAIR SHOP:	Any building, or portion thereof, used for the repair or replacement of engines, transmissions, differentials, drive trains or any parts thereof, in addition to the replacement of parts, service and incidental repairs to motor vehicles, but not including any operations specified under the definition of Automobile Body Shop.

AUTOMOBILE SALES:	An automobile sales lot or agency which engages in the business of selling new or used vehicles.

AUTOMOBILE SERVICE STATION:	Any building or premises used for dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries or minor automobile accessories. Services offered may include the installation of tires, batteries and minor accessories, minor automobile repairs and greasing of individual automobiles.

AWNING:	A structure made of cloth, metal or other material affixed to a building in such a manner that the structure may be permanently affixed or affixed in such a manner that it may be raised or retracted to a position against the building.

BASEMENT (Including Any Subbasement):	A story having more than half of its height below the grade of the ground adjacent to the building shall be considered a basement. A story having less than half of its height below the grade of the ground adjacent to the building shall be considered floor area. For single-family residential dwellings in residential area 1, basements or portions thereof that extend above the ground adjacent to the foundation wall to a height of five feet (5') or greater as measured from the top of the finished first floor to the lowest finished grade of the ground adjacent to the building shall be included in the floor area calculation.

BASE STATION:	Equipment and non-tower supporting structure at a fixed location that enable wireless telecommunications between user equipment and a communications network. Examples include transmission equipment mounted on a rooftop, water tank, silo or other above ground structure other than a tower. The term does not encompass a tower as defined herein or any equipment associated with a tower. "Base station" includes, but is not limited to: Equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; Radio transceivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks); Any structure other than a tower that, at the time the application is filed under section 11-3-12 et seq., supports or houses equipment described in this definition that has been reviewed and approved under the applicable zoning or siting process, or under another city regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. "Base station" does not include any structure that, at the time the application is filed under section 11-3-12 et seq., does not support or house wireless communication equipment.

BED AND BREAKFAST:	An operator-occupied dwelling that provides accommodations for a charge to the public with no more than five (5) guest rooms for rent, in operation for more than ten (10) nights in a twelve-month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, inns, boarding houses, or food service establishments.

BED AND BREAKFAST GUEST ROOM:	A sleeping room intended to serve no more than two (2) transient guests per night.

BED AND BREAKFAST OPERATOR:	The owner of the bed and breakfast establishment, or the owner's agent, who is required to reside in the bed and breakfast establishment, or on contiguous property.

BERM:	An earth form which provides screening from adjoining land uses or to improve aesthetic character. ^[2]

BILLBOARD:	Any single- or double-faced sign that is permanently fixed or placed on particular premises and that is used for the display of messages or advertising not associated with the establishment located on the premises, not including downtown directional signs as set forth in subsection 11-12-6 E. and as defined herein. A billboard typically has a provision for changing the message/advertising thereon.

BLOCK FACE:	The properties abutting on one (1) side of a street and lying between the two (2) nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or city boundary.

BOARDING HOUSE:	A building or premises, or a portion thereof, in which lodging is provided for compensation to not less than three (3) nor more than twelve (12) persons, none of whom are members of the owner's or operator's family.

BREAKPOINT DESIGN TECHNOLOGY:	The engineering design of a monopole, or any applicable support structure, wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent (5%) more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.

BUILDABLE AREA:	The area of the lot remaining after the minimum open space, setback and yard requirements of this title have been complied with.

BUILDING:	Any structure built, used, designed or intended for the support, shelter, protection or enclosure of persons, animals, chattels or property of any kind, and which is permanently affixed to the land, in accordance with the Geneva building code. ^[3] When a building is divided into separate parts by unpierced fire or party walls extended continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building.

BUILDING, ATTACHED:	Any building which is permanently connected to another building, having one or more walls in common with other buildings, other than a private garage.

BUILDING, COMPLETELY ENCLOSED:	A building separated on all sides from adjacent open space and other structures by a permanent roof and exterior walls pierced only by windows and normal doors.

BUILDING, DETACHED:	A building surrounded by open space on the same lot as another separate building.

BUILDING FACADE, PRIMARY:	That portion of a building or lot that is directly adjacent to a street, alley, or parking lot and is identified by the assigned address.

BUILDING FACADE, SECONDARY:	That portion of a building that is not a primary building facade.

BUILDING HEIGHT:	The vertical measurement taken from the top of foundation of the building or average grade at the foundation line (whichever results in greater height), to the highest point, vertex or ridgeline of a roof. (See section 11-15-5 of this title.)

BUILDING HEIGHT (RESIDENTIAL AREA 1):	The vertical measurement taken from the average ground elevation at the corners of the zoning lot at the street right-of-way line, to the highest point, vertex or ridgeline of a roof on the principal building.

BUILDING HEIGHT (RESIDENTIAL AREA 2):	The vertical measurement taken from the top of foundation of the building or average grade at the foundation line (whichever results in greater height), to the highest point, vertex or ridgeline of a roof. (See section 11-15-5 of this title.)

BUILDING PERMIT:	A document issued by the building commissioner which authorizes performance of an activity which is subject to the Geneva building code.

BUILDING, PRINCIPAL:	A building permanently affixed to the land, in accordance with the Geneva building code, in which is conducted the main or principal use of the lot on which said building is situated. (See section 11-15-14 of this title.)

BUILDING, TEMPORARY:	Any building not permanently affixed to the land.

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:

	A. Height and area of buildings.

	B. Location of exterior walls in relation to lot lines, streets or 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 required for each dwelling unit.

BURNING, ACTIVE TO INTENSELY BURNING MATERIAL:	A material that has a low ignition temperature, burns with a high degree of activity and is consumed rapidly.

BURNING, FREE BURNING MATERIAL:	A material which burns actively and supports combustion.

BURNING, MODERATE BURNING MATERIAL:	A material which in itself does not support combustion and which is consumed slowly as it burns.

BUSINESS OR COMMERCE:	The engaging in the purchase, sale, barter or exchange of goods, wares or merchandise, including services; and the maintenance or operation of offices or recreational or amusement enterprises.

CALIPER:	The diameter of a tree trunk as measured six inches (6") above ground level.

CANNABIS BUSINESS ESTABLISHMENT:	A cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization, or transportation organization.

CANNABIS CRAFT GROWER, RECREATIONAL:	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.

CANNABIS CULTIVATION CENTER, MEDICAL:	A facility operated by an organization or business that is registered by the State of Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

CANNABIS CULTIVATION CENTER, RECREATIONAL:	A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport, and perform other necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act.

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

CANNABIS DISPENSING ORGANIZATION, RECREATIONAL:	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 purposed 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. A facility that only acquires and dispenses medical cannabis to registered medical cannabis patients shall be considered a Cannabis Dispensing Organization, Medical, as defined herein.

CANNABIS INFUSER ORGANIZATION, RECREATIONAL:	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.

CANNABIS PROCESSING ORGANIZATION, RECREATIONAL:	A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act.

CANNABIS TRANSPORTING ORGANIZATION, RECREATIONAL:	An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or community college licensed under the Community College Cannabis Vocation Training Pilot Program, per the Cannabis Regulation and Tax Act.

CANOPY:	A roof like structure projecting from a wall and supported in whole or in part by vertical supports from the ground, and erected primarily to provide shelter from the weather.

CAR CARE CENTER:	A building designed for light maintenance and servicing of automobiles including tuneups, oil changes, brakes, tire replacement and balancing, detailing, muffler replacement, transmission work and lubrication.

CAR WASH:	A building, or portion thereof, containing facilities for washing more than one automobile at any one time, using production line methods with a chain conveyer, blower, steam cleaning device or other mechanical devices; or providing space, water, equipment or soap for the complete or partial hand washing of such automobiles, whether by operator or by customer.

CARPORT:	An open sided, attached roofed automobile shelter formed by extension of the roof from the side of a principal building.

CEMETERY:	Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, crematorium, columbaria, chapels and mortuaries if operated in connection with and within the boundaries of such cemetery.

CERTIFICATE, OCCUPANCY:	Refers to the written approval of the zoning administrator/building commissioner certifying that the building or structure as constructed meet the minimum requirements for occupancy set forth under this code.

CERTIFICATE OF QUALIFICATION:	A certificate establishing a qualified household's eligibility to purchase or lease an affordable unit based on income eligibility as set forth in chapter 16 of this title.

CERTIFICATE, ZONING:	Refers to the written approval of the zoning administrator/building commissioner certifying that the applicant's plans and drawings comply with all applicable provisions of this title. The zoning certificate may consist of a standardized independent form bearing the signature of the zoning administrator or it may be represented as a part of the building permit application.

CHANGEABLE COPY:	A message which has a provision for being changed by manual, mechanical, or electronic means.

CHURCH:	A building primarily used for religious worship. The word "church" shall include, but is not limited to, chapel, temple, synagogue and mosque.

CLINIC OR MEDICAL OFFICE:	An establishment, containing the offices of two (2) or more licensed physicians, dentists, psychologists, analysis or social workers for the periodic counseling, examination and treatment of patients.

CLOSED CUP FLASHPOINT:	The temperature at which a liquid sample produces sufficient vapor to flash, but not ignite, when in contact with a flame in a closed cup tester.

CLUB OR LODGE, PRIVATE:	An association of persons, who are bona fide members paying dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such private club or lodge are conducted by a board of directors, executive committee or similar body chosen by the members. It shall be permissible to serve food, meals and beverages on such premises, provided health and building codes and this title are met.

CLUSTER DEVELOPMENT:	A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features. (See section 11-15-13 of this title.)

COLLECTION BIN:	A freestanding accessory structure, container, receptacle, or similar device that is used for soliciting and collecting donations of clothing, books, or other salvageable personal property. This term excludes any unattended collection bin within an enclosed building.

CO-LOCATION:	The mounting or installation of transmission equipment on an eligible support structure for the purposes of transmitting and/or receiving radio frequency signals for communications purposes so that installation of a new support structure will not be required.

COMBINED ANTENNA	An antenna or an antenna array designed and utilized to provide services for more than one (1) wireless provider, or a single wireless provider utilizing more than one (1) frequency band or spectrum, for the same or similar type of services.

COMMERCIAL USE:	An activity carried out for pecuniary gain.

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 vehicle used in a ride sharing arrangement when being used for that purpose or a recreational vehicle not being used commercially. In any event, any vehicle that is licensed for a gross weight, including vehicle and cargo, of eight thousand one (8,001) pounds or more, or any vehicle used in a commercial enterprise and containing lettering or logo on the vehicle body advertising that commercial enterprise, shall be considered a commercial vehicle.

COMMON ELEMENTS:	Land amenities, parts of buildings, central services and utilities and any other elements and facilities owned and used by all unit owners and designated in the master deed as common elements.

COMMUNITY LIVING FACILITY:	A semi-independent multiple-family senior citizen living arrangement which includes specialized centralized services for all its residents. These services may include, but are not limited to, the following: transportation, dining areas, recreation areas and limited medical facilities.

COMPREHENSIVE PLAN:	The official comprehensive plan of the city adopted by the city council in 1989 and as amended from time to time.

CONCEALED:	A tower, ancillary structure, or equipment compound that is not readily identifiable as a wireless communication facility and that is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site or in the neighborhood or area. There are two (2) types of concealed facilities: 1) Antenna attachments, including painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure and 2) A freestanding concealed tower which looks like something else that is common in the geographic region such as a church steeple, windmill, bell tower, clock tower, light standard, flagpole with a flag that is proportional in size to the height and girth of the tower, or tree that grows naturally or is commonly found in the area.

CONDOMINIUM:	An association of co-owners in which individual owners hold title exclusively in their unit and are co-owners of the common elements. The association of co-owners has responsibility for control and maintenance of common elements.

CONGREGATE LIVING FACILITY:	Housing which provides a living arrangement of self-contained units that integrate shelter, food service and other services for independent adults who do not require twenty-four (24) hour oversight. Services may include meals, laundry, transportation, housekeeping and organized activities which create opportunities for socialization.

CONSERVATION:	The protection and care which prevent destruction or deterioration of historical or otherwise significant structures, buildings or natural resources.

CONTIGUOUS:	Next to, abutting, touching, having a common boundary.

COSMETIC TATTOOING:	The practice commonly known as permanent makeup, in which micropigmentation or intradermal cosmetics are applied to semi-permanently or permanently simulate the appearance of common cosmetic applications such as eyelines, lip lines, eyebrow enhancements and beauty marks or to otherwise semi-permanently or permanently restore or improve the appearance of damaged or disfigured skin and outer bodily features to natural coloration and condition.

CULTURAL FACILITY:	A structure in which its use is devoted primarily to the appreciation of the arts.

CURB:	A stone or concrete boundary usually marking the edge of a roadway or paved area.

CURB CUT:	An opening along a curb line at which point vehicles may enter or leave a roadway.

CURB LEVEL:	The level of the established curb in front of a building measured at the center of such front. (Where no curb elevation has been established, the pavement elevation at the street centerline similarly measured, or the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the "curb level".)

DAY:	A calendar day.

DAYCARE CENTER:	Any childcare facility receiving more than eight (8) children for daytime care during part of a day. The term "daycare center" includes facilities commonly called "childcare centers", "day nurseries", "nursery schools", "kindergartens", "playgrounds" and "centers or workshops" for mentally or physically handicapped with or without stated educational purposes. The term does not include: a) kindergartens or nursery schools or other daytime programs operated by public or private elementary school systems or secondary level school units or institutions of higher learning; b) facilities operated in connection with a shopping center or service, or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises, or are in the immediate vicinity and readily available; c) any type of daycare center that is conducted on federal government premises; d) educational program or programs serving children who shall have attained the age of three (3) years and which are operated by a school which is registered with the state board of education or accredited by a recognized organization; e) part day child care facilities; and f) special activities programs, including athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations.

DAYCARE FACILITY, PART DAY CHILDCARE:	A facility for which notification has been made to the department of children and family services and which is conducted by a religious organization or social service agency in which individual children are provided care, on an intermittent basis, for up to ten (10) hours per seven (7) day week. Any facility which provides intermittent care for up to ten (10) hours per seven (7) day week shall not provide care for more than eight (8) hours on any given day during the seven (7) day week. Such a facility is exempt as a daycare home or center under this title.

DAYCARE HOME:	Any dwelling or family home which, as a home occupation, receives for care for less than twenty-four (24) hours per day, more than three (3) up to a maximum of eight (8) children. The number counted includes the family's natural or adopted children residing in the home and all other persons under the age of twelve (12). This term does not include facilities which receive only children from a single household.

DECELERATION LANE:	A speed change lane, including tapered areas, for the purpose of enabling a vehicle to slow to a safe turning speed after it has left the mainstream through lane of faster moving traffic.

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

DECK:	An unenclosed platform serving as a floor and located above the finished grade. A deck may be constructed of any material.

DEDICATION:	The gift or donation of property by its owner to another party.

DEED:	A legal document conveying ownership of real property.

DENSITY:	The number of living units per gross acre.

DENSITY, GROSS:	The numerical value obtained by dividing the area of the lot by the total number of dwelling units.

DENSITY, NET:	The numerical value obtained by dividing the total lot area by the number of dwelling units, after excluding lot area intended to be dedicated or occupied by public and private streets and other improvements, including, but not limited to, common open space areas and associated recreational facilities.

DETENTION BASIN OR POND:	A storage facility for the temporary storage of stormwater runoff.

DEVELOPER:	The legal or beneficial owner or owners of any lot or land included in a proposed development, including the holder of any option or contract to purchase or any person with beneficial interest in a land trust, or other persons having enforceable proprietary interest in such land.

DEVELOPMENT:	The division of land into two (2) or more parcels, or the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, or land excavation or grading, and any use or the extension of use of the land.

DEVELOPMENT AREA:	The area occupied by a wireless communication facility including areas inside or under an antenna-support structure's framework, equipment cabinets, ancillary structures, and/or access ways.

DIRECT ACCESS:	The ability to ingress and/or egress from a point immediately integral to the public roadway.

DISTRICT:	A portion of the corporate area of the city within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title.

DOCK OR PIER:	A manmade structural extension from the normal riparian line into a body of water, whether constructed of fill or other material.

DRIVE-IN ESTABLISHMENT:	A place of business which, through design, physical facilities, service or packaging procedures, permits customers to receive services, obtain goods or to be entertained in their motor vehicles.

DRIVE-THROUGH ESTABLISHMENT:	A place of business which, through design, physical facilities and service, customers receive products or services in their car for use or consumption off site.

DRIVEWAY:	A hard surfaced area paved with a bituminous or concrete surface, in accordance with the provision of chapter 11 of this title, on a zoning lot upon which vehicles are driven or parked, and which provides access to parking spaces or garages. Any hard surfaced area directly adjacent and parallel to a driveway shall be considered part of the driveway.

DUAL PURPOSE FACILITY:	A banner pole, light stanchion, support tower for overhead electric lines, or other similar utility structure onto which one (1) or more antenna(s) are or can be mounted or attached.

DWELLING:	A building or part of a building, containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one (1) or more families.

DWELLING, ATTACHED:	One which is joined to another dwelling at one (1) or more sides by party walls.

DWELLING, DETACHED:	One which is entirely surrounded by open space on the same zoning lot.

DWELLING, MULTIPLE-FAMILY:	A building, or portion thereof, containing four (4) or more dwelling units, excluding single-family attached dwellings.

DWELLING, SINGLE-FAMILY:	A building containing one (1) dwelling unit, which is not attached to any other dwelling unit with the exception of an accessory dwelling unit.

DWELLING, SINGLE-FAMILY ATTACHED:	A building or part of a building, containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one (1) or more families.

DWELLING, THREE-FAMILY:	A building containing three (3) dwelling units.

DWELLING, TWO-FAMILY:	A building containing two (2) dwelling units.

DWELLING UNIT (Abbreviated D.U.):	Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used, or intended to be used for living, sleeping, cooking or eating.

EASEMENT:	Land or an interest in land which has been designated by lawful agreement between the owner or owners of such land and another person or persons, for a specified use only by such person or persons. (See section 11-15-8 of this title.)

EFFICIENCY UNIT:	A dwelling unit consisting of one principal room, together with bathroom, kitchen facilities and closet space.

ELECTRIC VEHICLE:	A vehicle that can be powered by an electric motor that draws electricity from a battery and is capable of being charged from an external source.

ELECTRIC VEHICLE CHARGING STATION:	Equipment that connects to an electric vehicle to a source of electricity to recharge the battery of the electric vehicle. Electric vehicle charging stations are permitted as an accessory use in all zoning districts. If the primary use of a zoning lot is the retail charging of electric vehicle batteries, the use shall be considered the same as a parking lot or structure as a principal use for zoning purposes.

ELIGIBLE FACILITY:	Existing wireless tower or base station that has been approved through a local government land use review process prescribed for the tower or base station.

ELIGIBLE FACILITY REQUEST:	Any request for modification of an existing tower or base station involving co-location of new transmission equipment; removal of transmission equipment; or replacement of transmission equipment that does not substantially change the physical dimensions of such tower or base station.

ELIGIBLE HOUSEHOLD:	A household with an income at or below eighty percent (80%) AMI for for-sale units and at or below sixty percent (60%) AMI for rental units, based on the size of the household as set forth in chapter 16 of this title.

ELIGIBLE SUPPORT STRUCTURE:	Any tower or base station existing at the time a wireless communications facility application is filed with the city.

EQUIPMENT CABINET:	Any structure above the base flood elevation used exclusively to contain equipment necessary for the transmission or reception of communication signals.

EQUIPMENT COMPOUND:	The fenced-in area surrounding, inside or under a ground-based wireless communication facility containing ancillary structures and equipment (such as cabinets, shelters, and pedestals) necessary to operate an antenna that is above the base flood elevation.

EQUIVALENT OPACITY:	The density of light obscuration of any smoke or plume that most closely matches the smoke shade on the standard Ringelmann chart.

EQUIPMENT SHELTER:	A self-contained building housing ancillary electronic equipment typically including a generator.

ERECT:	To build, construct, attach, hang, place, suspend or affix.

ESCORT AGENCY:	A person or business association that for a fee, tip, or other consideration, furnishes, offers to furnish, or advertises to furnish, escorts as one of its primary business purposes.

ESTABLISHMENT:	An institutional, business, commercial or industrial activity that is either the sole occupant of one (1) or more buildings or occupies a portion of a building such that the activity is a logical and separate entity from the other activities within the building and not a department of the whole. An establishment occupying a portion of a building shall either have a separate entrance from the exterior of the building or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.

ESTABLISHMENT, BUSINESS:	A place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.

EXISTING:	A constructed tower or base station is "existing" for purposes of section 11-2-2 et seq. if it has been reviewed and approved under an applicable city land use review process. "Existing" also includes a tower that was lawfully constructed but not reviewed because it was not in a zoned area when it was built.

EXTERIOR BUILDING COMPONENT:	An essential and visible part of the exterior of the building.


FAMILY:	A person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:

	1) Any number of people related by blood, marriage, adoption, guardianship, or duly-authorized custodial relationship, together with domestic servants and not more than two (2) gratuitous guests;

	2) No more than two (2) people who are not necessarily related to each other by blood, and their dependents, together with domestic servants and not more than two (2) gratuitous guests;

	3) Three (3) or fewer people not related by blood, adoption, guardianship, or duly-authorized custodial relationship. Servants or guests residing with said family shall be included in the unrelated person attainted by this definition, and shall not be in addition thereto.

	4) Not more than eight (8) people who are: (a) residents of a "group home" as defined in this title; or (b) "handicapped" as defined in the Fair Housing Act.

	"Family" does not include any society, club, fraternity, sorority, association, lodge combine, federation, coterie, or like organization; any group of individuals whose association is temporary or seasonal in nature; any group of individuals who are in a group living arrangement as a result of criminal offenses; or any group of persons currently illegally using or addicted to a "controlled substance".

FEED LINES:	Cables or fiber optic lines used as the interconnecting media between the base station and the antenna.

FENCE OR WALL:	A structure which is used as a boundary or a means of protection or confinement or for decorative purposes and which is made of manufactured material.

FENCE, OPEN:	A fence, including gates, which has, for each one (1) foot wide segment extending over the entire length and height of the fence, at least thirty percent (30%) of the surface area in open spaces which afford direct views through the fence. (See section 11-15-21 of this title.)

FLAMMABLE OR EXPLOSIVE MATERIAL:	A material which produces flammable or explosive gases or vapors under ordinary temperature conditions including liquids with a closed cup flash point of less than one hundred five degrees Fahrenheit (105;deg;F).

FLOOD:	The condition existing when the waters of any watercourse, pond, or depressions temporarily rise to a height above their normal levels and overflow the boundaries within which they are ordinarily contained. It also includes the unusual rapid accumulation or runoff of surface waters.

FLOOR AREA (For Determining Floor Area Ratio):	The sum of the gross horizontal area of the several floors of a building measured from the exterior walls or from the centerline of walls separating two (2) buildings. The "floor area" of a building shall include elevator shafts, and stairwells on each floor, floor space used for mechanical equipment (except equipment, open or enclosed located on the roof), penthouses, attic space having headroom of seven feet (7') or more, interior balconies and mezzanines, enclosed porches and floor area devoted to accessory uses. However, any space devoted to off street parking or loading shall not be included in "floor area".

	The "floor area" of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be determined on the basis of height in feet; i.e., ten feet (10') in height shall equal one floor.

FLOOR AREA (For Determining Maximum Floor Area For Residential Uses In Residential Area 1, the D-SFMR and D-SFHR Districts):	The objective of this standard is to regulate the exterior mass of a building by calculating its floor area. Subsections A through D of this definition are all components of a building's calculated floor area. Maximum floor area for residential uses in residential area 1 is the sum of the following:

	A. The area of the horizontal plane through the building at the finished first floor elevation measured from the exterior of the building.

	B. The area of the horizontal plane through the building at a point twenty feet (20') above the finished first floor elevation measured from the exterior of the building.

	C. The area of the horizontal plane through the building at a point twenty-eight feet (28') above the finished first floor elevation measured from the exterior of the building.

	D. The following areas of the building shall also be added in the calculation of maximum floor area:

	1. Attached or detached garages or carports shall be determined by calculating the area of the garage or carport from the exterior walls. However, four hundred eighty-four (484) square feet of garage area on lots or parcels of land less than ten thousand (10,000) square feet in area and seven hundred twenty-six (726) square feet of garage floor area on lots or parcels of land ten thousand (10,000) square feet in area or greater shall be subtracted from the calculated total floor area.

	2. Open or enclosed porches of any kind, covered patios, porticos, sunrooms, three-season rooms, second story porches, sleeping porches or verandas shall be determined by calculating the area of the porch measured from the exterior walls or support elements. However, up to three hundred (300) square feet of floor area of a one-story, traditional open front porch with nothing above it except a roof that provides direct access to the front door of the dwelling shall be subtracted from the calculated total floor area.

	3. Basements or portions thereof that extend above the ground adjacent to the foundation wall of the building to a height of five feet (5') or greater as measured from the top of the finished first floor to the lowest finished grade of the ground adjacent to the building calculated by the following formula:

	[Total square footage of basement]

	Multiplied by [linear footage of the perimeter of exposed foundation wall (five feet (5') or greater)]

	Divided by [linear footage of the perimeter of entire basement]

	Equals the amount of basement floor area to be included in the calculated total floor area

	Provided however, that for houses that contain exposed foundation walls greater than five feet (5') in height on lots or parcels of land where the elevation of a zoning lot line is at least six feet (6') higher than the elevation of the opposite and approximately parallel zoning lot line, up to two hundred (200) square feet of basement floor area shall be subtracted from the calculated total floor area.

	4. Breezeways and any other roof or roof like projections from a dwelling; excluding roof eaves which are twenty-four inches (24") wide or less.

	5. Porte-cocheres shall be determined by calculating the area of the porte-cochere measured from the exterior walls or support elements. However, up to two hundred fifty (250) square feet of area beneath a porte-cochere that is less than twenty-five feet (25') in height shall be subtracted from the calculated total floor area.

	6. Each accessory building or structure on a zoning lot that is larger than two hundred (200) square feet in size than is covered by a roof as follows: The area of the horizontal plane through the building at the finished first floor elevation measured from the exterior of the building plus the area of the horizontal plane through the building at a point eighteen feet (18') above the finished first floor elevation measured from the exterior of the building.

FLOOR AREA (For Determining Off Street Parking And Loading Requirements):	The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks or closets, and any floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices.

	However, "floor area" for the purposes of measurement for off street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off street parking or loading facilities, including aisles, ramps, and maneuvering space; or mechanical or storage floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

FLOOR AREA RATIO (FAR):	The floor area of the building or buildings on a zoning lot divided by the area of such zoning lot, or, in the case of planned developments, by the net site area. The "floor area ratio" requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot. (See section 11-15-2 of this title.)

FLUSH-MOUNTED:	Antenna or antenna array attached to the face of a support structure or building such that no portion of the antenna(s) extend(s) above the height of the support structure or building. The maximum flush-mounting distance, if prescribed, shall be measured from the outside edge of the support structure or building to the inside edge of the antenna.

FOOT-CANDLE:	A unit of illumination equal to the light flux which falls on a one square foot area one foot (1') distant from a light source of one candlepower.

FREQUENCY:	Signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

FRONTAGE:	The length of all the property fronting on one side of a street between the two (2) nearest intersecting streets, measured along the line of the street, or if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street. The frontage of a lot is the shortest line abutting a street.

FRONTAGE (For Determining Allowable Sign Area):	The linear extent of a building or tenant space, measured at grade, which faces a public street or alley.

FRONTAGE ROAD:	A public or private street, closely paralleling a larger public street, which provides the primary means of access across from adjacent property to the larger street.

FRONTAGE, ZONING LOT:	The length of all the property of such zoning lot fronting on a street, measured between side lot lines.

FULL MEDIAN OPENING:	An access through a median that provides for both left turn ingress and egress. ^[4]

GARAGE, DETACHED:	A garage that is not attached to the principal structure.

GARAGE, PRIVATE:	An accessory building for the purposes of housing motor driven passenger vehicles for the private use of one owner or family.

GARAGE, PUBLIC:	Any building, except a private or storage garage, used for equipping, repairing, hiring, selling or storing motor driven vehicles, but not including areas used exclusively for exhibition or show room purposes.

GARAGE, REAR LOADED ATTACHED:	A garage that is attached to the principal structure and has the vehicle doors facing one hundred eighty (180) degrees away from both the front door of the house and the front yard of the property.

GARAGE SALE:	All general sales, open to the public, conducted from or on property in a residential zoning district upon which a dwelling is located, for the purpose of selling personal property, including but not limited to all sales entitled "garage", "lawn", "yard", "backyard", "estate", "attic", "patio", "porch", or "rummage" sale.

GARAGE, SIDE LOADED ATTACHED:	A garage that is attached to the principal structure and has the vehicle doors facing at least ninety (90) degrees away from both the front door of the house and the front yard of the property.

GARAGE, STORAGE:	Any building used for housing only of motor driven vehicles, pursuant to previous arrangements and not to transients, and at which automotive fuels and oils are not dispensed and motor driven vehicles are not equipped, repaired, hired or sold.

GARAGE, TANDEM ATTACHED:	A garage that is attached to the principal structure and that provides for two (2) or more parking spaces, one behind the other.

GASOLINE FUEL STATION:	An automobile service station that may or may not contain a minimarket.

GAZEBO:	An open-air structure with a solid roof supported on posts or columns. (See section 11-15-19 for an illustration of this structure.)

GEOGRAPHIC SEARCH AREA:	An area designated by a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless engineering.

GOLF COURSE:	A public, semipublic or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereof, and consisting of at least thirty (30) acres for each nine (9) hole course.

GRADE, EXISTING:	The average or mean elevation of a parcel, lot or tract of land prior to commitment of development activity.

GRADE, FINISHED:	A reference plane representing the average of the 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 points 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 six feet (6') from the building.

GRAPHIC ELEMENT:	A letter, illustration, symbol, figure, insignia or other device employed to express and illustrate a message or part thereof.

GROUP HOME:	A residential building which provides housing and services for persons with disabilities, including professional staff either living with the residents on a twenty-four (24) hour basis, or present whenever residents are present at the dwelling, and occupied on a relatively permanent basis in a family like environment. The group home may house individuals who are undergoing treatment or rehabilitation for such disabilities and constitutes a single housekeeping unit in which residents may share responsibilities, meals and recreation. A group home shall comply with the zoning regulations for the district in which the site is located.

HARDSCAPE AREA (PRIVATE RESIDENTIAL):	Any strip or section of concrete, pavers, asphalt, or stones not otherwise defined as service walk.

HEALTH OR FITNESS CLUB:	An indoor facility designed for the principal purpose of physical fitness or weight reduction which may include, but is not limited to, such equipment as weight resistance machines, running and jogging, game courts, swimming facilities, saunas, showers, and lockers. Instruction programs, aerobic classes, and weight control programs may be offered.

HELIPORT:	Any portion of an area used or intended to be used for the landing and taking up of helicopters which, in addition, includes any passenger facilities and cargo facilities maintenance and overhaul, fueling, service, storage, tie down areas, hangars and similar facilities.

HISTORIC DISTRICT:	A delineated geographical area of the city designated by the city council for preservation.

HISTORIC PRESERVATION COMMISSION:	A seven-member board appointed by the mayor and city council which is responsible for reviewing permit applications for exterior improvements to landmark properties or properties within the historic district.

HOME OCCUPATION:	A gainful occupation or profession carried on by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes. Only members of the family occupying the premises shall engage in the home occupation and, except as authorized by special use permit, the home occupation shall be carried on wholly within the principal building. No article shall be sold or offered for sale on the premises and no mechanical or electrical equipment shall be installed or maintained other than is customarily incidental to domestic use. There shall be no exterior display, exterior sign, no exterior storage of materials, no other exterior indication of the home occupation or variation from the residential character of the principal building or any accessory building, and no offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced, nor shall such home occupation create a parking or traffic problem. No more than one vehicle associated with the home occupation shall be permitted on the premises. Home occupations shall be allowed as an accessory use within the principal building or as a special use within an accessory building and only in residential zoning districts.

HOSPITAL:	A medical institution devoted primarily to the maintenance and operation of facilities for the medical diagnosis and treatment of two (2) or more unrelated persons admitted for overnight stay, as is further defined by the Illinois hospital licensing act. ^[5]

HOT TUB:	A recreational bathing facility which is intended to utilize heated water for the comfort or therapeutic benefits of its occupants.

HOTEL:	An establishment which is open to transient guests, in contradistinction to a boarding, rooming or lodging house, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy service.

HOUSING PROVIDER:	An entity approved by the City of Geneva to develop, manage or own affordable units.

IMPERVIOUS SURFACE:	Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. Impervious surfaces shall include gravel or stone driveways and parking areas.

IMPROVEMENT:	Any manmade, immovable item which becomes part of, placed upon, or is affixed to, real estate.

INCLUSIONARY HOUSING PLAN:	A plan submitted as part of development application that details a development's compliance with the affordable housing requirements of chapter 16 of this title.
INCOMPATIBLE USE:	A use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous or discordant.

INDUSTRIAL:	All inclusive categories of light industry, industrial parks and manufacturing.

INDUSTRIAL PARK OR BUSINESS PARK:	A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations or government organizations.

INN:	An operator-occupied dwelling providing accommodations for a charge to the pubic with up to ten (10) guest rooms to rent with or without restaurant or banquet areas. Breakfast and other meals may be provided to guests and other patrons in common, restaurant or banquet areas.

KENNEL:	Any premises or portion thereof on which four (4) or more dogs, cats or other household domestic animals over four (4) months of age are kept, or on which more than two (2) such animals are maintained, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale. Dog runs shall either be enclosed or located or situated to the rear of the principal structure.

LABORATORY:	A place devoted to experimental study such as testing and analyzing. Manufacturing of product or products is not to be permitted within this definition.

LAND USE:	A description of how land is occupied or utilized.

LANDMARK:	An individual property or structure designated by the city council for preservation.

LANDSCAPE MATERIAL:	Includes such living materials as trees, shrubs, ground cover, vines, turf grasses, and nonliving materials such as rocks, pebbles, sand, bark, brick pavers, earthen mounds (excluding pavement), and other items of a decorative or embellishment nature such as fountains, pools, walls, fencing, sculpture, etc.

LANDSCAPE PLAN:	The graphical depiction of the location and arrangement of existing and proposed plant material and land forms on a zoning lot in conformance with the requirements of this title. ^[6]

LANDSCAPED OPEN SPACE:	That part of the gross land area in open space which is free of streets, structures or parking areas and provided to improve the drainage, microclimate and aesthetics of the site. Such areas are usually landscaped and appropriately located to achieve maximum effect and appeal. Typically, such space includes lawn areas, shrubs and trees, walkways, paved terraces, sitting areas, courts or plazas and outdoor recreational areas. Unpaved land areas within private or public street rights-of-way are not counted as landscaped open space unless they are in excess of minimum right-of-way standards.

LANDSCAPING:	The bringing of the soil surface to a smooth finished grade and installation of sufficient trees, shrubs, ground cover and grass to soften building lines, provide shade and generally produce a pleasing visual effect of the premises.

LIFE CARE FACILITY:	An organization serving three (3) or more persons who are not related by blood or marriage to the operator, which undertakes through its ownership or management to provide housing and related services for its residents. This includes residents that are fully ambulatory as well as those which require some level of care, including assisted care or nursing by reason of illness or physical infirmity, or are unable properly to care for themselves. It also requires the facility be licensed and staffed for skilled care, contain common kitchen and dining facilities, have on premises physical therapy and provide on premises personal services. The term does not include the following:

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

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

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

	D. Any child welfare agency or maternity hospital;

	E. Senior citizen housing.

LIFE CARE FACILITY, SENIOR CITIZEN:	A dependent senior citizen multiple-family living arrangement providing dwelling units with common dining, recreation and medical and nursing care facilities. A life care facility must: a) be licensed and staffed for skilled care; b) contain common kitchen and dining facilities; c) have call button or similar monitoring systems; d) have on-premises physical therapy; and e) have on premises personal services, library, social, occupational and educational services and transportation.

LIFE CARE RETIREMENT FACILITY, SENIOR CITIZEN:	A dependent senior citizen multiple-family living arrangement which meets all the requirements for a life care facility except that a portion of its residents are fully ambulatory and live in a condominium/cooperative arrangement.

LOADING BERTH:	The space planned for or used by a vehicle being loaded or unloaded.

LOT:	A parcel of land occupied or to be occupied by one (1) main building, or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under these regulations, and having its principal frontage upon a street, public or private. A lot as used herein may consist of one (1) or more platted lots, or tract or tracts as conveyed, or parts thereof. (See section 11-15-15 of this title.)

LOT, CORNER:	A lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least frontage dimension, unless otherwise specified by the building commissioner, except that a lot as herein defined, when made up of more than one (1) platted lot, shall be deemed to front on the street upon which said platted lots front. (See section 11-15-16 of this title.)

LOT COVERAGE:	That area or portion of a lot occupied by all buildings, structures and other impervious surfaces.

LOT DEPTH:	The mean horizontal distance from the front street line to the rear line.

LOT LINE, FRONT:	A street lot line. Front lot lines shall be subject to the following (see section 11-15-16 of this title):

	A. Interior Lot: For an interior lot, the front lot line shall be the street lot line.

	B. Corner Lot: For a corner lot, the front lot line shall be the shortest of the two (2) street lot lines, or where such lot lines are equal, either street lot line may be designated as the front lot line, as may be approved by the zoning administrator.

	C. Through Lot: For a through lot, the front lot line shall be that street lot line which has been designated as the front lot line by the majority of other zoning lots with the same block frontage, the front lot line shall be that street lot line as specified within any covenants or restrictions on the applicable recorded plat of subdivision, or the front lot line shall be that street lot line as designated by the zoning administrator.

LOT LINE, REAR:	That lot line which is most distant from and is approximately parallel to the front lot line. (See section 11-15-3 of this title.)

LOT LINE, SIDE:	Any lot line that is not a street lot line or a rear lot line. (See section 11-15-3 of this title.)

LOT LINE, STREET:	Any lot line which adjoins an individual public street right-of-way or private street.

LOT LINES:	The lines bounding a lot as defined herein. (See section 11-15-3 of this title.)

LOT OF RECORD:	Land which is separately designated as a lot on a plat of subdivision duly recorded in the office of the recorder of deeds of Kane County; or a parcel of land, the deed to which is recorded in the office of said recorder, showing title as a separate entity, and which is assessed as a separate entity for tax purposes.

LOT, THROUGH:	A zoning lot which has two (2) substantially parallel street lot lines which do not intersect, and which is not a corner lot. The yard designated as the rear yard shall be utilized as such, except that the area of the rear yard that is located between the required setback from the street lot line shall remain clear of obstructions. Fences shall not be considered an obstruction and may be permitted as provided for in section 11-3-5 (Fences and Walls). (See section 11-15-16 of this title for an illustration of a through lot.)

LOT, ZONING:	A single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer and legally described as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a zoning lot or lots may or may not coincide with a lot of record. (See section 11-15-15 of this title.)

LUMBERYARD:	A business primarily engaged in the retail or wholesale sale of wood products and building materials.

MALL:	A shopping center where stores front on both sides of a pedestrianway which may be either enclosed or open.

MARKET RATE UNIT:	All dwelling units in a residential development that are not affordable units as defined herein.

MARQUEE:	A roof like structure of a permanent nature which projects from the wall of a building.

MEDIAN:	A raised portion of a street separating the opposing traffic flows.

MEDICAL OFFICE:	See definition of Clinic Or Medical Office.

MESSAGE:	A communication of identification or advertising information visually perceived. Said communication consists of words, abbreviations, numbers, symbols, pictures, geometric shapes, etc.

MEZZANINE:	An intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.

MICRON:	A unit of length equal to one thousandth ( 1/1000 ) of a millimeter.

MINIWAREHOUSE:	See definition of Self-Service Storage Facility.

MOTOR FREIGHT TERMINAL:	A building or area in which freight, shipped by motor truck or railroad, is received, assembled, sorted, and/or rerouted for local, intrastate or interstate shipment by motor truck.

MOTOR VEHICLE:	Any passenger vehicle, truck, truck trailer, trailer or semi-trailer propelled or drawn by mechanical power.

NET SITE AREA:	The land area of a lot or tract remaining after subtraction of all public street and alley rights-of-way.

NOISE ATTENUATION BARRIER:	The creation and placement of a physical barrier, made out of natural vegetation, earth, wood, concrete or other materials, in any combination, for the purpose of reducing or minimizing the level of audible noise from its point of origin on one side of the barrier to the other.

NON-CONCEALED:	A telecommunication facility that is readily identifiable as such (whether freestanding or attached).

NONCONFORMING BUILDING OR STRUCTURE:	Any building or structure, lawful at the time of enactment of this title, which:

	A. Does not comply with all of the regulations of this title or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or

	B. Is designed or intended for a nonconforming use.

NONCONFORMING USE:	Any use of land, buildings, or structures, lawful at the time of the enactment of this title, which does not comply with all of the regulations of this title or of any amendment hereto governing use of the zoning district in which such use is located.

NOXIOUS MATTER:	Matter which is capable of causing injury or illness to living organisms, or is capable of causing detrimental effects to the health or the psychological, social or economic well being of humans.

NURSERY SCHOOL:	See definition of Daycare Center.

NURSING HOME:	An extended or intermediate care facility licensed by the state of Illinois to provide full time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

OBSTRUCTION:	Any building or structure, or part thereof, which is located so as to intrude upon any open space required by this code. Trees or shrubs shall not be considered as obstruction, except as may be regulated herein.

OCTAVE BAND:	A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

ODOROUS MATTER:	Any matter or material that yields an odor which is offensive in any way.

OFF-STREET PARKING SPACE:	An off-street paved and curbed area used for the temporary storage of one automobile or other motor vehicle with direct access to a dedicated roadway right-of-way.

OFFICE:	An administrative unit of a business enterprise or organization, including, but not limited to, offices of accountants, financial brokers, insurance agents, architects, engineers, planners, dentists, physicians, osteopaths, chiropractors, optometrists, lawyers, real estate and title companies.

OPEN SPACE:	Open space which is reserved for the use of all residents of a residential development. This includes parks and could include space dedicated to the city.

OPEN SPACE, USABLE:	Land which is free of buildings, structures and other substantial improvements. The following examples are listed by way of illustration to indicate what may be counted as usable open space within this definition: a) outdoor swimming pools, swimming pool areas, hard surface recreational areas and other recreational areas, provided these areas are unenclosed except for fences, canopies, bathhouses, or other minor structures; b) enclosed open space areas in shopping malls, including walkways. The following examples are listed by way of illustration to indicate what may not be counted as usable open space within this definition: a) roofs; b) open parking areas; c) parking structures; and d) road rights-of-way.

OUTDOOR SEATING AREA:	An at- or below-grade surface area used for seated dining for a restaurant or by the public for passive recreational activities and relaxation. Such areas typically provide amenities such as tables and chairs, seating, drinking and ornamental foundations, public art, trees, and/or landscaping. An outdoor seating area shall not be a deck.

OUTDOOR STORAGE:	The keeping in an unroofed area of any goods, material, merchandise or vehicles in the same place for more than twenty four (24) hours.

OVERLAY DISTRICT:	A district which acts in conjunction with the underlying zoning district or districts.

OTARD:	Over the air reception devices which are limited to either a "dish" antenna one meter (39.37 inches) or less in diameter designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, or an antenna that is one meter or less in diameter and is designed to receive video programming services via broadband radio service (wireless cable), or to receive or transmit fixed wireless signals other than via satellite or an antenna that is designed to receive local television broadcast signals.

PARK:	A tract of land used for public or private, but noncommercial recreational, purposes or open space purposes. Such land may contain improvements and facilities for indoor and outdoor activities, including, but not limited to, active and passive recreational activities.

PARK, LINEAR:	A strip of land or ground not to exceed one hundred (100) yards in width, either standing along or being separated from any other public or private park or school property or land, which is devoted to and specifically used for recreation travel, including, but not limited to, bicycling, running, jogging, walking, hiking or cross-country skiing. ^[7]

PARKING LOT:	An unenclosed off street paved area, containing four (4) or more parking spaces and associated aisles, used for the temporary storage of automobiles or other motor vehicles with direct access to a dedicated roadway right-of-way.

PARKING SPACE:	An enclosed or unenclosed surfaced area permanently reserved for the temporary storage of one automobile and appropriately connected with a street or alley by a surfaced driveway affording adequate ingress and egress.

PARKING STRUCTURE:	A structure for the parking of private motor vehicles either above or below ground, or an unenclosed but screened parking area on top of a structure.

PARKWAY:	That portion of a public street right-of-way on either side of an improved public street lying between the back-of-curb or the edge of pavement and the closest edge of sidewalk pavement or the right-of-way line.

PARKWAY TREE:	Any tree which when mature has a trunk diameter of four inches (4") or more (measured 6 inches above grade) and is planted within or adjacent to a public right-of-way for a street.

PARTIAL MEDIAN OPENING:	An access through a median that provides left turn ingress and egress maneuvers, but not both.

PARTICULATE MATTER:	Dust, smoke, or any other form of airborne pollution in the form of minute separate particles.

PATIO:	An unenclosed surface area located at the finished grade, usually constructed of concrete or masonry materials.

PAWNSHOPS:	An establishment that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.

PENTHOUSE:	A roofed structure located on the roof of a building. Penthouses used solely to enclose mechanical equipment shall not be included in calculating floor area ratio. Penthouses used solely or in part for living, working or recreational use shall, however, be included in calculating floor area ratio.

PERFORMANCE STANDARD:	A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in the uses of land or buildings.

PERGOLA:	A parallel colonnade consisting of posts, pillars, or columns supporting an open roof structure, composed of girders and cross rafters that may support climbing plants or vines. (See section 11-15-19 for an illustration of this structure.)

PERMANENTLY AFFIXED:	Refers to buildings, structures, appurtenances or improvements designed and installed in a manner not intended to be moved or removed.

PERSONAL WIRELESS SERVICE FACILITIES:	Any staffed or unstaffed location for the transmission and/or reception of radio frequency signals or other personal wireless communications, including commercial mobile services, unlicensed wireless services, wireless broadband services, and common carrier wireless exchange access services as defined in the Telecommunications Act of 1996, and usually consisting of an antenna or group of antennas, transmission cables, feed lines, equipment cabinets or shelters, and may include a tower. Facilities may include new, replacement, or existing towers, replacement towers, co-location on existing towers, base station attached concealed and non-concealed antenna, dual purpose facilities, concealed towers, and non-concealed towers (monopoles, lattice and guyed), so long as those facilities are used in the provision of personal wireless services as that term is defined in the Telecommunications Act.

PLAN, CONCEPTUAL:	A plan that sets forth the basic concepts for development of a tract of land. This plan can be of a general nature or outline and need not propose definite locations of buildings, facilities and uses.

PLAN, FINAL:	A plan showing the definite proposed location of buildings, facilities, landscaping and uses upon a tract of land. This plan is usually the one for actual development of the land and, if approved by the city, is binding upon the land.

PLAN, PRELIMINARY:	A plan showing the tentative arrangement of buildings, facilities, landscaping and uses upon a tract of land.

PLAN, SITE:	A plan prepared to scale, showing accurately and with complete dimensioning, a development or use proposal containing all mapping elements required in this title.

PLANNED UNIT DEVELOPMENT:	A parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located; the developer or developers may be granted relief from specific land use regulations and design standards and may be awarded certain premiums in return for assurances of any overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole.

POND:	See definition of Detention Basin Or Pond or Retention Basin Or Pond.

PORCH, ENCLOSED:	A platform projecting from or attached to a wall of a building: a) with direct access to a building, b) which is covered by a roof or roof like structure, c) that may be heated or cooled, d) that is enclosed by: 1) walls, 2) permanent or removable windows or screens, or 3) any combination or similar material thereof. Enclosed porches are sometimes also referred to as screened in porches or three-season rooms.

PORCH, OPEN:	A platform projecting from or attached to a wall of a building: a) with direct access to a building, b) which is covered by a roof or roof like structure, c) that is not heated or cooled, d) that is open to the outside air and e) that is not enclosed by: 1) walls, 2) permanent or removable windows or screens, or 3) any combination or similar material thereof. Open porches may be partially enclosed by railing(s) or knee walls not to exceed forty-two inches (42") in height as measured from the porch floor and may include columns for the purpose of supporting the roof or roof like structure.

PRODUCTION BREWING:	A facility for the production and packaging of malt beverages for retail and/or wholesale distribution. The facility may include a restaurant or tavern where the beverages produced on site are sold directly to patrons, either for consumption on site or in hand-capped, sealed containers in quantities up to one-half (½) barrel.

PROPERTY LINES:	The lines bounding a zoning lot, as defined herein.

PROPERTY OWNER:	Any person, group of persons, firm or firms, corporation or corporations, or any other entity having a proprietary interest in the property.

PUBLIC HEARING:	A meeting announced and advertised in advance which is open to the public, with the public given an opportunity to speak and participate.

PUBLIC NOTICE:	An advertisement of a public hearing in a newspaper of general circulation in the area, or through other media sources, indicating the date, time, place and nature of the public hearing.

PUBLIC UTILITY:	A service and its related facilities which ostensibly provides for the benefit of the general public utility services including, but not limited to, water, sanitary sewer, storm sewers, electrical, telephone, natural gas and related utilities.

QUALIFIED CO-LOCATION REQUEST:	Co-location of PWSF on a tower or base station that creates a substantial change in the facility but is entitled to processing within ninety (90) days under 47 U.S.C. §332(c)(7).

RADIO FREQUENCY EMISSIONS	Any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment.

RADIO FREQUENCY PROPAGATION ANALYSIS:	Computer modeling to show the level of signal saturation in a given geographical area.

RADIUS RETURN:	The point of tangency where the end of the circular curve of the driveway or street becomes linear.

RECREATIONAL VEHICLE:	Any camping trailer, motor home, mini-motor home, travel trailer, truck camper or van camper and any towed recreational equipment, including the trailers for same such as boats, snow-mobiles and motorcycles used privately for recreational purposes and not used commercially. Recreational vehicle more specifically includes:

	A. Camper Trailer (Popup): A recreational 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 are of a size or weight not requiring an over dimension permit when towed on a highway.

	B. House Trailer (Mobile Home): A recreational trailer or semitrailer equipped and used for living quarters for human habitation (temporarily or permanently) rather than for the transportation of freight, goods, wares and merchandise.

	C. Motor Home, Mini-Motor Home Or Van Camper: Any 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.

	D. Travel Trailer: A recreational 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.

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

REPLACEMENT:	A modification of an existing tower to increase the height, or to improve its integrity, by replacing or removing one (1) or several tower(s) located in proximity to a proposed new tower in order to encourage compliance with section 11-3-12, or improve aesthetics or functionality of the overall wireless network.

RESERVOIR PARKING:	Those off street parking spaces allocated to automobiles awaiting entrance to a particular establishment.

RESIDENTIAL AREA 1:	A delineated geographic area of the city of Geneva containing subdivisions that were recorded prior to January 1, 1989, and areas that are not located within planned unit developments duly authorized by city council ordinance.

RESIDENTIAL AREA 2:	A delineated geographic area of the city of Geneva containing subdivisions that were recorded on or after January 1, 1989, and areas that are located within planned unit developments duly authorized by city council ordinance.

RESTAURANT:	An establishment wherein food is prepared and served in ready to eat form to the public for human consumption. "Restaurant" includes cafe, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steakhouse.

	In the event a restaurant applies for the issuance of a liquor license pursuant to local and state laws, a restaurant shall be further defined to meet the requirements of section 4-2-6, class B-1 liquor license of this code, except that land located in the B2 business district may meet the requirements of section 4-2-6, class A liquor license, of this code. Permanent or temporary outdoor restaurant seating is permitted, subject to the requirements of this title and this code. Off street parking for temporary or permanent outdoor seating areas shall be calculated based upon the parking requirements for the specific type of restaurant, as defined herein.

	For purpose of this title, the following types of restaurants are defined:

	Carryout Restaurant: A restaurant which provides no table or seating or food bar although food is prepared and purchased on site and consumed off premises.

	Carryout/Sit-Down/Drive-Through Restaurant: A sit-down/carryout restaurant which also maintains drive-through facilities for the purchase and consumption of food off premises.

	Drive-In Restaurant: A restaurant where food is served to patrons in parked motor vehicles. Food is consumed either on or off premises.

	Drive-Through Only: A restaurant which does not provide any tables, seating or service areas on the zoning lot and provides retail food exclusively through the use of a drive-through facility.

	Sit-Down/Carryout Restaurant: A restaurant which prepares food which may be consumed on or off premises.

	Sit-Down Restaurant: A restaurant where meals are prepared and served and consumed on premises.

RETENTION BASIN OR POND:	A storage facility for permanent storage of water, often storm water runoff.

ROOF LINE:	The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette on the side of the building.

SANITARIUM:	A publicly operated institution established for the long term treatment of the chronically ill.

SATELLITE EARTH STATION:	A single or group of parabolic or dish antennas mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration, including the associated separate equipment cabinets necessary for the transmission or reception of wireless communications signals with satellites.

SCHOOL:	Any building or portion thereof, which offers educational instruction in any branch of knowledge or study.

SEASONAL OR TEMPORARY USE:	See definition of Temporary Or Seasonal Use.

SECONDHAND SHOP:	An establishment primarily engaged in the retail sale of used merchandise such as, but not limited to, clothing, household goods, furniture, appliances, books, videos, or records. This classification does not include antique shops, pawnshops, or the sale of secondhand motor vehicles or vehicle parts.

SECRETARY OF THE INTERIOR'S STANDARDS:	Adopted in 1995 as the guide for review of permit applications by the historic preservation commission, the SOI Standards are used to assist in the long-term preservation of a property's significance through preservation. Developed and maintained by the National Park Service the standards are used by federal, state, and local agencies responsible for historic preservation.

SELF-SERVICE STORAGE FACILITY:	A structure containing a number of small, separate storage areas of varying size leased or rented on an individual basis.

SEMI-NUDE MODEL STUDIO:	A commercial establishment which regularly features a person (or persons) who appears semi-nude and is provided to be observed, sketched, drawn, painted, sculptured, or photographed by other persons who pay money or any form of consideration, but shall not include a proprietary school licensed by the State of Illinois or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

SENIOR CITIZEN:	Any person sixty-two (62) years of age or older.

SENIOR CITIZEN APARTMENTS:	A multiple-family housing development where at least one occupant of each dwelling unit must be a senior citizen.

SENIOR CITIZEN HOUSING:	An apartment building designed for and intended to be used exclusively for housing for persons sixty-two (62) years of age or older or families of two (2) or more persons related by blood, marriage or operation of law, one member of which is sixty-two (62) years of age or older.

SERVICE WALK (PRIVATE RESIDENTIAL):	Any strip or section of concrete, pavers, asphalt, or stones a maximum of four (4) feet in width, the prime purposes of which is a walkway. Any concrete, pavers, or stones exceeding four (4) feet in width, the prime purpose of which is not a walkway, shall be defined as hardscape area.

SETBACK:	The minimum required distance along a straight and perpendicular line between a structure and the street lot line, rear lot line or side lot line.

SETBACK, AVERAGE:	The minimum required distance along a straight and perpendicular line for the required street setback on a vacant lot. The average setback is the average of the distance of the closest adjacent principal buildings on either side of a vacant lot on the same block and same side of the street, where the existing buildings exceed the minimum street setback required.

SETBACK, TRANSITION:	A setback which is subject to certain improvements for placement between potentially incompatible land uses. Transition setbacks are provided on a zoning lot in an office, business or industrial district which adjoins a zoning lot in a residential district, or that setback in a multiple-family zoning district which adjoins a one-, two- or three-family zoning district. (See section 11-15-3 of this title.)

SHADE SAIL:	An unenclosed fabric structure designed to provide temporary or permanent shade that may be attached to posts, buildings or surrounding structures. (See section 11-15-19 for an illustration of this structure.)

SHED:	A detached accessory structure used for the storage of materials whose use is incidental and subordinate to that of the primary or dominant use of the principal building or structure.

SHELTERED CARE FACILITY:	A structure or part of a structure used for the temporary sheltering of abused individuals and/or the homeless. Qualified supervision and care shall be provided for those housed in the facility.

SHOPPING CENTER:	A complex of three (3) or more business and commercial establishments, the whole planned, developed and managed as a unit, sharing common parking facilities.

SIDEWALK:	That portion of a public right-of-way, easement or land reserve which is paved and intended for the use of pedestrian traffic.

SIGN:	Any object, device, display or structure or part thereof that is used to advertise, identify, display or attract attention to any object, person, institution, organization, business, product, service or event related to the premises on which the sign is situated by any means including words, letters, figures, designs, symbols, fixtures, colors or illumination.

SIGN, A-FRAME:	A sign with not more than two (2) sides that is self supporting and not permanently anchored or attached to the ground and which is used to inform the general public of an event or particular items that is/are offered at a specific and proximate establishment.

SIGN AREA:	The area of not more than two (2) imaginary squares or rectangles that would completely encompass all parts of a sign, including the background.

SIGN, AWNING:	A sign incorporated into or attached to an awning that is otherwise permitted by ordinance.

SIGN, CANOPY:	A sign that is incorporated into or attached to a canopy that is otherwise permitted by ordinance.

SIGN, CONSTRUCTION:	A temporary sign identifying the architects, contractors, developers, engineers, realtors, or any other related individuals or firms involved with a project.

SIGN, DEFUNCT:	Any sign that has fallen into disrepair or that advertises or identifies an activity, business, product or service no longer conducted on the premises where the sign is located. A sign shall be considered defunct when it has not served the purpose for which it was erected for a period of thirty (30) days or more.

SIGN, DIRECTIONAL AND INFORMATIONAL:	A sign erected for the convenience of the public, such as identifying entrances, exits, parking areas, no-parking areas, restrooms, public telephones, walkways, and similar features or facilities.

SIGN, DOWNTOWN DIRECTIONAL:	A wall, freestanding, or projecting sign, other than a business identification sign, listing the name and location of one (1) or more business establishments located on the same block face as the property on which the sign is located.

SIGN, ELECTRONIC MESSAGE BOARD:	A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means.

SIGN, FREESTANDING:	A sign anchored to the ground or supported by one (1) or more post, column, or other vertical structures or supports, and not attached to or dependent for support from any building.

SIGN, INFLATABLE:	Any object enlarged or inflated which floats, is tethered in the air, is activated by air or moving gas, or is located on the ground or on a building with or without copy or other graphic.

SIGN, MOBILE OR PORTABLE:	A term commonly used to mean any graphic not designed to be permanently or temporarily attached to a building or part thereof or to be anchored to the ground. Such graphics primarily included, but are not limited to, signs attached to wood or metal frames designed to be self-supporting and movable; paper, cardboard or canvas signs wrapped around supporting poles; hand-held signs; and signs on parked vehicles visible from the public right-of-way (except signs identifying the related business when the vehicle is being used in the normal day-to-day operation of the business).

SIGN, OFF- PREMISES:	See "Billboard."

SIGN, PROJECTING:	Any sign which is supported by an exterior wall of a building with exposed face of said sign in a plane perpendicular to the plane of the wall to which it is attached and projecting more than twelve (12) inches.

SIGN, ROOF- MOUNTED:	Any sign erected or maintained above the roof line of any building.

SIGN, TEMPORARY:	Any sign, banner, valance or advertising display, constructed of cloth, canvas, light fabric, cardboard, wallboard, or other like materials, with or without frames, not intended or designed for permanent display.

SIGN, TIME AND TEMPERATURE:	An electronic message board sign which exclusively displays current time, date, and temperature information, without any commercial messages.

SIGN, WALL:	A sign attached to or erected against any wall with the exposed face of said sign in a plane parallel to the plane of the wall to which it is attached and not projecting more than twelve (12) inches.

SIGN, WINDOW:	Any sign painted on or affixed to the interior or exterior of a window, or suspended behind a window pane (including a television or computer monitor) so as to attract the attention of persons outside the building.

SITE:	For towers other than towers in the public rights-of-way, the boundaries of the leased or owned property on which the towers are or are proposed to be situated.

SMALL CELL FACILITY:	A wireless service facility that meets both of the following qualifications: 1. Each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than six (6) cubic feet; and 2. Primary equipment enclosures are no larger than twenty-five (25) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: Electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

SMALL CELL NETWORK:	A collection of interrelated small cell facilities designed to deliver wireless service.

SMOKE:	Small gasborne particles other than water that form a visible plume in the air.

SOUND LEVEL METER:	An electronic instrument which includes a microphone, amplifier and output meter which measures sound pressure levels in a specified manner. It may be used with the octave band analyzer.

SPECIAL USE:	See definition of Use, Special.

SPECIFIED ANATOMICAL AREAS:	A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
SPECIFIED ANATOMICAL AREAS:	B. Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

SPECIFIED SEXUAL ACTIVITIES:	Any of the following:
SPECIFIED SEXUAL ACTIVITIES:	A. The fondling of another person's genitals, pubic region, anus, or female breasts;
	B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
	C. Excretory functions as part of, or in connection with, any of the activities set forth in subsections A. through B. above.

STANCHION:	A vertical support structure generally utilized to support exterior lighting elements.

STOOP:	A small platform (frequently improved with steps) projecting from the wall of a building to permit direct pedestrian access to a building or structure.

STORAGE OR STORED:	The keeping of items, equipment, vehicles, trailers or materials for a period of time longer than would be involved in the normal day to day use or consumption of the same.

STORY:	A set of rooms on one floor of a building or a horizontal divided of a building interior, not necessarily corresponding to a building's interior.

STORY, HALF:	That portion of a building under a sloping roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four and one-half feet (4½') above the floor of such story.

STREAMLINED PROCESSING:	Expedited review process for co-locations required by the federal government (Congress and/or the FCC) for PWSF.

STREET:	A right-of-way, public or private, which affords principal means of vehicular access to property abutting thereon. This does not include customary residential driveways.

STRUCTURAL ALTERATION:	Any change, other than incidental repairs, to any structure.

STRUCTURAL INTEGRITY:	For wireless communication facilities, compliance with conditions set forth in ANSI/EIA/TIA 222-G (as amended) Class II Exposure C structural/wind loading standards.

STRUCTURE:	Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, signs, conventional television or satellite antennas, and excepting customary utility poles, retaining walls and boundary fences.

SUBSTANTIAL CHANGE:	A modification or co-location constitutes a "substantial change" of an eligible support structure if it meets any of the following criteria: 1. A PWSF co-location or modification of an existing antenna-supporting structure not in a public right-of-way increases the overall height of the antenna-supporting structure, Antenna and/or antenna array more than ten percent (10%) or twenty feet (20'), whichever is greater. A PWSF co-location on an existing antenna-supporting structure within a public right-of-way increases the overall height of the antenna-supporting structure, Antenna and/or Antenna Array more than ten percent (10%) or ten feet (10'), whichever is greater. 2. A PWSF co-location for towers not in a public right-of-way protrudes from the antenna-supporting structure more than twenty feet (20') or the width of the structure at the elevation of the co-location, and for towers within a public right-of-way, protrudes from the antenna-supporting structure more than six feet (6'). 3. A PWSF co-location on an existing antenna-supporting structure fails to meet current building code requirements (including windloading). 4. A PWSF co-location adds more than four (4) additional Equipment Cabinets or one (1) additional equipment shelter. 5. A PWSF co-location requires excavation outside of existing leased or owned parcel or existing easements. 6. A PWSF co-location defeats any existing concealment elements of the antenna-supporting structure. 7. A PWSF co-location fails to comply with all conditions associated with the prior approval of the antenna-supporting structure except for modification of parameters as permitted in section 11-3-12 et seq.

SUMMERHOUSE:	A gazebo with removable or permanent enclosure panels and/or doors made of screening or glass. (See section 11-15-19 for an illustration of this structure.)

SUPPORT STRUCTURE:	Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

SWIMMING POOL OR WADING POOL:	Whether indoors or outdoors and whether above or below the surface of the ground or both, intended to contain water for swimming, having an inside wall depth at any point of more than two feet (2') or a surface area exceeding two hundred fifty (250) square feet.

TEMPORARY OR SEASONAL USE:	A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure.

TEMPORARY PWSF:	A temporary tower or other structure that provides interim short-term telecommunications needed to meet an immediate demand for service in the event of an emergency or a public event where a permanent wireless network is unavailable or insufficient to satisfy the temporary increase in demand or when permanent PWSF equipment is temporarily unavailable or offline.

TERRACE:	An unenclosed landscaped and/or hard surfaced area located above, at, or below the finished grade.

THREE-COMPONENT MEASURING SYSTEM:	A complement of instruments or seismograph which can record, simultaneously, vibration vectors in three (3) mutually perpendicular directions.

TOWER:	Any support structure built for the primary purpose of supporting any antennas and associated facilities for commercial, private, broadcast, microwave, public, public safety, licensed or unlicensed, and/or fixed or wireless services. A tower may be concealed or non-concealed. Non-concealed towers include: Guyed - A style of tower consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building. Lattice - A self-supporting tapered style of tower that consists of vertical and horizontal supports with multiple legs and cross bracing, and metal crossed strips or bars to support antennas. Monopole - A style of freestanding tower consisting of a single shaft usually composed of two (2) or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building's roof. All feed lines shall be installed within the shaft of the structure.

TOWER BASE:	The foundation, usually concrete, on which the tower and other support equipment are situated. For measurement calculations, the tower base is that point on the foundation reached by dropping a perpendicular from the geometric center of the tower.

TOWER HEIGHT:	The vertical distance measured from the grade line to the highest point of the tower, including any antenna, lighting or other equipment affixed thereto.

TOWER SITE:	The land area that contains, or will contain, a proposed tower, equipment compound, support structures and other related buildings and improvements.

TOWNHOUSE:	See definition of Dwelling, Attached.

TOXIC MATERIAL:	Any substance (liquid, solid or gaseous) which by reason of an inherent deleterious property when emitted in an amount injurious to plants, animals or human beings.

TRAILER:	A vehicle other than a mobile home or manufactured home, equipped with wheels towed behind a motor vehicle.

TRANSMISSION EQUIPMENT:	Equipment that facilitates transmission of communication service (whether commercial, private, broadcast, microwave, public, public safety, licensed or unlicensed, fixed or wireless), such as radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply.

TREES:	See section 11-10A-2 of this title for tree related definitions.

TRELLIS:	An individual flat panel framework intended for the support of climbing plants or vines, attached to a wall; open-air/unenclosed porch; or between a soffit and finished grade. A trellis may also be freestanding. (See section 11-15-19 for an illustration of this structure.)

USE, ACCESSORY:	A use incidental to and subordinate to the principal use. It shall not dominate in area, extent or purpose to the principal use, building or structure.

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

USE, PRINCIPAL:	The main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be "permitted" or "conditional".

USE, SPECIAL:	A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such "special use" may or may not be granted, subject to the procedures and terms of this title.

VARIATION:	A variation from a specific requirement in this title, as applied to a specific piece of property, as distinct from rezoning.

VETERINARY HOSPITAL:	Any building or portion thereof designed or used for the care, observation or treatment of domestic animals, excluding boarding and grooming.

VIBRATION:	The periodic measured displacement.

VIBRATION FREQUENCY:	The number of oscillations per second of a vibration.

VISIBILITY TRIANGLE:	An imaginary triangle formed by the intersection of any two (2) or more streets. The triangle on each "leg" of each corner of a street intersection (there are two (2) legs to each corner) is measured twenty (20) feet in one direction and one hundred forty (140) feet distance in the other direction from the point of intersection along the street pavement edges; the third side, its hypotenuse. The triangle extends three (3) feet vertically from the crown of the street. ^[8]

WALL:	See definition of Fence Or Wall.

WAREHOUSE:	Facilities largely devoted to storage of goods and materials. Distinguished from industrial in that no manufacturing is involved.

WATERCOURSE:	Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.

WELL:	A hole or shaft sunk into the earth to tap an underground supply of water.

WETLANDS:	Swamps or marshes, watercourses, drainage tributaries, pools or ponds in either a perennial or intermittent state.

WIRELESS COMMUNICATION FACILITIES:	At a specific physical location, one (1) or more antenna, tower, base station, mechanical and/or electronic equipment, conduit, cable, and associated structures, enclosures, assemblages, devices and supporting elements that generate or transmit nonionizing electromagnetic radiation or light operating to produce a signal used for communication, including but not limited to all types of communication facilities defined further herein.

YARD:	Any portion of a zoning lot, which is unobstructed from the ground upward, except as otherwise provided in this title.

YARD, CORNER STREET:	A street yard extending from the rear lot line to a point where the yard meets the front street yard of a principal building. (See section 11-15-3 of this title.)

YARD, FRONT STREET:	A street yard extending along the full length of the front lot line between the side or street lot lines to a point where the yard meets the horizontal planes of the foundation of the principal building facing the front lot line. (See section 11-15-3 of this title.)

YARD, PERIMETER:	A yard encompassing the perimeter of a zoning lot generally located between lot lines and the foundation lines of principal structures for the purpose of locating landscape improvements required in chapter 10 of this title. (See section 11-15-9 of this title.)

YARD, REAR:	A yard extending along the full length of the rear lot line between the side or street lot lines to a point where the yard meets the horizontal planes of the foundation of the principal building that faces the rear lot line. A corner street yard shall supersede a rear yard. (See section 11-15-3 of this title.)

YARD, SIDE:	A yard extending along the side lot line between the front street yard and rear yard to a point where the yard meets the horizontal planes of the building that faces the side lot line. (See section 11-15-3 of this title.)

YARD, STREET:	A yard extending along the full length of the street lot line between the rear or side lot lines to a point where the yard meets the horizontal planes of the foundation of the principal building that faces the street lot line. (See section 11-15-3 of this title.)

ZONING ADMINISTRATOR:	The zoning administrator of the city of Geneva. (Ord. 95-28, 5-1-1995; amd. Ord. 97-31, 6-2-1997; Ord. 97-68, 12-1-1997; Ord. 2001-05, 2-5-2001; 2003 Code; Ord. 2003-19, 3-17-2003, eff. 5-1-2003; Ord. 2004-08, 2-17-2004; Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2006-34, 5-15-2006, eff. 6-26-2006; Ord. 2007-21, 5-7-2007; Ord. No. 2009-16, § 1, 4-13-2009; Ord. No. 2010-32, § 1, 8-2-2010; Ord. No. 2010-63, § 1, 1-3-2011; Ord. No. 2011-16, § 1, 3-7-2011; Ord. No. 2011-19, § 1, 3-7-2011; Ord. No. 2011-24, § 1, 4-18-2011; Ord. No. 2011-47, § 1(Exh. B), 10-17-2011; Ord. No. 2012-38, § 1, 10-15-2012; Ord. No. 2013-21, § 1, 6-17-2013; Ord. No. 2013-38, § 1, 11-4-2013; Ord. No. 2015-15, § 3, 6-15-2015; Ord. No. 2015-29, § 1, 9-8-2015; Ord. No. 2016-42, § 1, 12-5-2016; Ord. No. 2018-27, §§ 1, 2, 8-6-2018; Ord. No. 2019-17, §§ 8, 9, 8-5-2019; Ord. No. 2019-29, § 1, 12-9-2019; Ord. No. 2020-06, § 1, 1-6-2020; Ord. No. 2020-09, § 1, 3-2-2020; Ord. No. 2022-38, § 1,2, 9-6-2022; Ord. No. 2023-22, § 1, 10-16-2023; Ord. No. 2024-47, §§ 1—3, 10-21-2024)

Footnotes:

Geneva City Zoning Code

CHAPTER 2

DEFINITIONS

SECTION:

11-2-1: - RULES OF CONSTRUCTION:

Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

The word "shall" is mandatory and not discretionary.

The word "may" is permissive.

The word "lot" shall include the words "piece", "parcel", and "plots"; the word "building" includes all other structures of every kind.

Words contained in this title and not defined hereinafter shall assume definitions as prescribed in "Webster's Unabridged Dictionary", 1993 edition. (Ord. 95-28, 5-1-1995; Ord. 95-79, 12-18-1995)

11-2-2: - DEFINITIONS OF WORDS AND TERMS:

ACCESS:	The ability to ingress and/or egress from a public roadway.

ACCESS POINT:	Any driveway or other point of egress and/or ingress such as a street, road, or highway that connects to a public roadway.

ACCESSORY BUILDING OR STRUCTURE:	A building or structure other than the principal building or structure on a zoning lot. An accessory building or structure shall be clearly subordinate in scale and shall not exceed the height of the principal building or structure on the zoning lot, or twenty five feet (25') whichever is less, as measured from top of foundation to the highest point of said building or structure.

ACCESSORY DWELLING UNIT:	A dwelling unit subordinate to and located on the same zoning lot as an existing single-family detached dwelling that provides, separate from the principal single-family dwelling, provisions for cooking, eating, sleeping, sanitation, ingress and egress.

ACCESSORY USE:	A use which is:

	A. Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this title;

	B. Incidental and subordinate to and serves a principal use established on the same zoning lot;

	C. Subordinate in area, floor area, intensity extent, and purpose to the principal building, structure or use; and

	D. Not to be established on any lot prior to the establishment of the principal building, structure or use to which it is accessory.

ADDITION:	The increasing of the cubic contents of a building or the increasing of its ground area.

ADJACENT:	Bordering, touching, contiguous or adjoining.

ADULT ARCADE:	Any place to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting "specified sexual activities" or "specified anatomical areas."

ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE:	A commercial establishment which has a significant or substantial portion of its stock-in-trade, or derives a significant or substantial potion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:
	A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas;"
	B. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.

ADULT CABARET:	A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
	A. Persons who appear nude or semi-nude; or
	B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or

	C. Films, motion pictures, video cassettes, slides, compact discs or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas."

ADULT DAYCARE CENTER:	A nonresidential facility offering supervised care, recreation or training of adults.

ADULT MOTION PICTURE THEATER:	A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

ADULT THEATER:	A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear nude or semi-nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

ADULT USE BUSINESSES:	An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, escort agency or semi-nude model studio.

AFFORDABLE HOUSING:	Residential housing that has a sales or rental amount that is within the means of an "eligible household" as defined herein. In the case of dwelling units "for sale", housing that is affordable means housing in which mortgage, amortization, taxes, insurance, and condominium or association fees, if any, constitute no more than thirty percent (30%) of the gross annual household income for a household of the size that may occupy the unit. In the case of a "rental dwelling unit", housing that is affordable means housing for which the rent and utilities constitute no more than thirty percent (30%) of the gross annual household income for a household of the size that may occupy the unit.

AFFORDABLE HOUSING AGREEMENT:	Any agreement between the City of Geneva and a developer as required by chapter 16 of this title.

AFFORDABLE UNIT:	A dwelling unit of affordable housing that satisfies the requirements of chapter 16 of this title.

AGRICULTURE:	The use of land for agricultural purposes, including farming, limited to cultivation of grain crops, horticulture, floriculture and viticulture.

AIR RIGHTS:	The ownership or control of all land, property and that area of space of and above a horizontal plane and the ground surface of land circumscribed by the boundary of the tract, lot or zoning lot.

ALCOHOLISM AND SUBSTANCE ABUSE TREATMENT CENTER:	Any facility licensed under the Illinois alcoholism and other substance act. ^[1]

ALLEY:	A public right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a street.

ALTERNATIVE STRUCTURE:	A structure that is not primarily constructed for the purpose of holding antennas but on which one (1) or more Antennas may be mounted, such as buildings, water tanks, church steeples, and electric power transmission towers.

AMATEUR RADIO TOWER:	A tower used for non-commercial amateur radio transmissions consistent with the "Complete FCC U.S. Amateur Part 97 Rules and Regulations" for amateur radio towers.

AMENITY:	A natural or manmade feature which enhances or makes more attractive or satisfying a particular property or development.

ANCILLARY STRUCTURE:	For the purposes of section 11-3-12 et seq., any form of development associated with a wireless communication facility, including foundations, concrete slabs on grade, guy anchors, generators, and transmission cable supports, but excluding equipment cabinets.

ANNEXATION:	The incorporation of a contiguous land area into an existing municipality with a resulting change in the corporate boundaries of that municipality.

ANTENNA OR ANTENNA ELEMENT:	Any apparatus designed for the transmitting and/or receiving of electromagnetic waves, including telephonic, radio or television communications. Types of elements include omni-directional (whip) antennas, sectionalized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas.

ANTENNA ARRAY:	A single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.

ANTENNA, SATELLITE DISH:	A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, corn, horn or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic frequencies.

ASR:	The antenna structure registration number required by the FCC and FAA for many, but not all towers.

ANTIQUE SHOP:	An establishment offering antiques for sale. An antique, for the purpose of this title, shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least thirty (30) years old and have collectable value.

APARTMENT:	A room or suite of rooms in a two-family or multiple-family dwelling, or in a building including a nonresidential use, intended or designed for use as a residence by a single family. See definition of Dwelling Unit.

APPURTENANCE:	The visible, functional objects accessory to and part of buildings.

ARBOR:	Covered tunnel structure with trellis side panels for the support of climbing plants or vines, may be freestanding or incorporated as part of a fence. (See section 11-15-19 for an illustration of this structure.)

ARCADE OR AMUSEMENT ARCADE:	Any establishment displaying for public patronage or keeping for operation four (4) or more amusement devices including, but not limited to, pool tables, foosball tables, air hockey tables, mechanical rides for children, electronic games and shooting gallery type games.

AREA MEDIAN INCOME (AMI):	The median income level for the Chicago Primary Metropolitan Statistical Area, as established and defined in the annual schedule published by the Secretary of the U.S. Department of Housing and Urban Development, and adjusted for household size.

ASSISTED LIVING:	A special combination of housing, supportive services, personalized assistance and health-care designed to respond to the individual needs of those who need help with activities of daily living (ADLs) and instrumental activities of daily living (IADLs). Supportive services are available twenty-four (24) hours a day to meet scheduled and unscheduled needs, in a way that promotes maximum dignity and independence for each resident and involves the resident's family, neighbors and friends. Unlike independent living facilities, congregate living facilities, shared living facilities or home healthcare programs, assisted living facilities provide some level of ongoing supervision of their residents and assume responsibility for their well being.

ATHLETIC TRAINING FACILITY:	A specialized, indoor only facility provided for the training needs and related activities of athletes. Unlike a health or fitness club, these facilities are primarily for the prearranged use of specific teams and programs, rather than for general public or "walk-in" patron usage. The use may include classrooms and meeting space, as well as specialized sports facilities, such as ball courts, gymnasiums, weight rooms, and pools. Activities may include training sessions, practices, competitive events, limited open gym use, and ancillary retail sales.

AUTOMOBILE BODY SHOP:	Any building, or portion thereof, used for the repair or straightening of a motor vehicle body or frame, or painting of motor vehicles. Maintenance, service and engine repair may be performed as an ancillary function of the bodywork.

AUTOMOBILE REPAIR SHOP:	Any building, or portion thereof, used for the repair or replacement of engines, transmissions, differentials, drive trains or any parts thereof, in addition to the replacement of parts, service and incidental repairs to motor vehicles, but not including any operations specified under the definition of Automobile Body Shop.

AUTOMOBILE SALES:	An automobile sales lot or agency which engages in the business of selling new or used vehicles.

AUTOMOBILE SERVICE STATION:	Any building or premises used for dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries or minor automobile accessories. Services offered may include the installation of tires, batteries and minor accessories, minor automobile repairs and greasing of individual automobiles.

AWNING:	A structure made of cloth, metal or other material affixed to a building in such a manner that the structure may be permanently affixed or affixed in such a manner that it may be raised or retracted to a position against the building.

BASEMENT (Including Any Subbasement):	A story having more than half of its height below the grade of the ground adjacent to the building shall be considered a basement. A story having less than half of its height below the grade of the ground adjacent to the building shall be considered floor area. For single-family residential dwellings in residential area 1, basements or portions thereof that extend above the ground adjacent to the foundation wall to a height of five feet (5') or greater as measured from the top of the finished first floor to the lowest finished grade of the ground adjacent to the building shall be included in the floor area calculation.

BASE STATION:	Equipment and non-tower supporting structure at a fixed location that enable wireless telecommunications between user equipment and a communications network. Examples include transmission equipment mounted on a rooftop, water tank, silo or other above ground structure other than a tower. The term does not encompass a tower as defined herein or any equipment associated with a tower. "Base station" includes, but is not limited to: Equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; Radio transceivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks); Any structure other than a tower that, at the time the application is filed under section 11-3-12 et seq., supports or houses equipment described in this definition that has been reviewed and approved under the applicable zoning or siting process, or under another city regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. "Base station" does not include any structure that, at the time the application is filed under section 11-3-12 et seq., does not support or house wireless communication equipment.

BED AND BREAKFAST:	An operator-occupied dwelling that provides accommodations for a charge to the public with no more than five (5) guest rooms for rent, in operation for more than ten (10) nights in a twelve-month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, inns, boarding houses, or food service establishments.

BED AND BREAKFAST GUEST ROOM:	A sleeping room intended to serve no more than two (2) transient guests per night.

BED AND BREAKFAST OPERATOR:	The owner of the bed and breakfast establishment, or the owner's agent, who is required to reside in the bed and breakfast establishment, or on contiguous property.

BERM:	An earth form which provides screening from adjoining land uses or to improve aesthetic character. ^[2]

BILLBOARD:	Any single- or double-faced sign that is permanently fixed or placed on particular premises and that is used for the display of messages or advertising not associated with the establishment located on the premises, not including downtown directional signs as set forth in subsection 11-12-6 E. and as defined herein. A billboard typically has a provision for changing the message/advertising thereon.

BLOCK FACE:	The properties abutting on one (1) side of a street and lying between the two (2) nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or city boundary.

BOARDING HOUSE:	A building or premises, or a portion thereof, in which lodging is provided for compensation to not less than three (3) nor more than twelve (12) persons, none of whom are members of the owner's or operator's family.

BREAKPOINT DESIGN TECHNOLOGY:	The engineering design of a monopole, or any applicable support structure, wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent (5%) more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.

BUILDABLE AREA:	The area of the lot remaining after the minimum open space, setback and yard requirements of this title have been complied with.

BUILDING:	Any structure built, used, designed or intended for the support, shelter, protection or enclosure of persons, animals, chattels or property of any kind, and which is permanently affixed to the land, in accordance with the Geneva building code. ^[3] When a building is divided into separate parts by unpierced fire or party walls extended continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building.

BUILDING, ATTACHED:	Any building which is permanently connected to another building, having one or more walls in common with other buildings, other than a private garage.

BUILDING, COMPLETELY ENCLOSED:	A building separated on all sides from adjacent open space and other structures by a permanent roof and exterior walls pierced only by windows and normal doors.

BUILDING, DETACHED:	A building surrounded by open space on the same lot as another separate building.

BUILDING FACADE, PRIMARY:	That portion of a building or lot that is directly adjacent to a street, alley, or parking lot and is identified by the assigned address.

BUILDING FACADE, SECONDARY:	That portion of a building that is not a primary building facade.

BUILDING HEIGHT:	The vertical measurement taken from the top of foundation of the building or average grade at the foundation line (whichever results in greater height), to the highest point, vertex or ridgeline of a roof. (See section 11-15-5 of this title.)

BUILDING HEIGHT (RESIDENTIAL AREA 1):	The vertical measurement taken from the average ground elevation at the corners of the zoning lot at the street right-of-way line, to the highest point, vertex or ridgeline of a roof on the principal building.

BUILDING HEIGHT (RESIDENTIAL AREA 2):	The vertical measurement taken from the top of foundation of the building or average grade at the foundation line (whichever results in greater height), to the highest point, vertex or ridgeline of a roof. (See section 11-15-5 of this title.)

BUILDING PERMIT:	A document issued by the building commissioner which authorizes performance of an activity which is subject to the Geneva building code.

BUILDING, PRINCIPAL:	A building permanently affixed to the land, in accordance with the Geneva building code, in which is conducted the main or principal use of the lot on which said building is situated. (See section 11-15-14 of this title.)

BUILDING, TEMPORARY:	Any building not permanently affixed to the land.

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:

	A. Height and area of buildings.

	B. Location of exterior walls in relation to lot lines, streets or 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 required for each dwelling unit.

BURNING, ACTIVE TO INTENSELY BURNING MATERIAL:	A material that has a low ignition temperature, burns with a high degree of activity and is consumed rapidly.

BURNING, FREE BURNING MATERIAL:	A material which burns actively and supports combustion.

BURNING, MODERATE BURNING MATERIAL:	A material which in itself does not support combustion and which is consumed slowly as it burns.

BUSINESS OR COMMERCE:	The engaging in the purchase, sale, barter or exchange of goods, wares or merchandise, including services; and the maintenance or operation of offices or recreational or amusement enterprises.

CALIPER:	The diameter of a tree trunk as measured six inches (6") above ground level.

CANNABIS BUSINESS ESTABLISHMENT:	A cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization, or transportation organization.

CANNABIS CRAFT GROWER, RECREATIONAL:	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.

CANNABIS CULTIVATION CENTER, MEDICAL:	A facility operated by an organization or business that is registered by the State of Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

CANNABIS CULTIVATION CENTER, RECREATIONAL:	A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport, and perform other necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act.

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

CANNABIS DISPENSING ORGANIZATION, RECREATIONAL:	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 purposed 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. A facility that only acquires and dispenses medical cannabis to registered medical cannabis patients shall be considered a Cannabis Dispensing Organization, Medical, as defined herein.

CANNABIS INFUSER ORGANIZATION, RECREATIONAL:	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.

CANNABIS PROCESSING ORGANIZATION, RECREATIONAL:	A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act.

CANNABIS TRANSPORTING ORGANIZATION, RECREATIONAL:	An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or community college licensed under the Community College Cannabis Vocation Training Pilot Program, per the Cannabis Regulation and Tax Act.

CANOPY:	A roof like structure projecting from a wall and supported in whole or in part by vertical supports from the ground, and erected primarily to provide shelter from the weather.

CAR CARE CENTER:	A building designed for light maintenance and servicing of automobiles including tuneups, oil changes, brakes, tire replacement and balancing, detailing, muffler replacement, transmission work and lubrication.

CAR WASH:	A building, or portion thereof, containing facilities for washing more than one automobile at any one time, using production line methods with a chain conveyer, blower, steam cleaning device or other mechanical devices; or providing space, water, equipment or soap for the complete or partial hand washing of such automobiles, whether by operator or by customer.

CARPORT:	An open sided, attached roofed automobile shelter formed by extension of the roof from the side of a principal building.

CEMETERY:	Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, crematorium, columbaria, chapels and mortuaries if operated in connection with and within the boundaries of such cemetery.

CERTIFICATE, OCCUPANCY:	Refers to the written approval of the zoning administrator/building commissioner certifying that the building or structure as constructed meet the minimum requirements for occupancy set forth under this code.

CERTIFICATE OF QUALIFICATION:	A certificate establishing a qualified household's eligibility to purchase or lease an affordable unit based on income eligibility as set forth in chapter 16 of this title.

CERTIFICATE, ZONING:	Refers to the written approval of the zoning administrator/building commissioner certifying that the applicant's plans and drawings comply with all applicable provisions of this title. The zoning certificate may consist of a standardized independent form bearing the signature of the zoning administrator or it may be represented as a part of the building permit application.

CHANGEABLE COPY:	A message which has a provision for being changed by manual, mechanical, or electronic means.

CHURCH:	A building primarily used for religious worship. The word "church" shall include, but is not limited to, chapel, temple, synagogue and mosque.

CLINIC OR MEDICAL OFFICE:	An establishment, containing the offices of two (2) or more licensed physicians, dentists, psychologists, analysis or social workers for the periodic counseling, examination and treatment of patients.

CLOSED CUP FLASHPOINT:	The temperature at which a liquid sample produces sufficient vapor to flash, but not ignite, when in contact with a flame in a closed cup tester.

CLUB OR LODGE, PRIVATE:	An association of persons, who are bona fide members paying dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such private club or lodge are conducted by a board of directors, executive committee or similar body chosen by the members. It shall be permissible to serve food, meals and beverages on such premises, provided health and building codes and this title are met.

CLUSTER DEVELOPMENT:	A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features. (See section 11-15-13 of this title.)

COLLECTION BIN:	A freestanding accessory structure, container, receptacle, or similar device that is used for soliciting and collecting donations of clothing, books, or other salvageable personal property. This term excludes any unattended collection bin within an enclosed building.

CO-LOCATION:	The mounting or installation of transmission equipment on an eligible support structure for the purposes of transmitting and/or receiving radio frequency signals for communications purposes so that installation of a new support structure will not be required.

COMBINED ANTENNA	An antenna or an antenna array designed and utilized to provide services for more than one (1) wireless provider, or a single wireless provider utilizing more than one (1) frequency band or spectrum, for the same or similar type of services.

COMMERCIAL USE:	An activity carried out for pecuniary gain.

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 vehicle used in a ride sharing arrangement when being used for that purpose or a recreational vehicle not being used commercially. In any event, any vehicle that is licensed for a gross weight, including vehicle and cargo, of eight thousand one (8,001) pounds or more, or any vehicle used in a commercial enterprise and containing lettering or logo on the vehicle body advertising that commercial enterprise, shall be considered a commercial vehicle.

COMMON ELEMENTS:	Land amenities, parts of buildings, central services and utilities and any other elements and facilities owned and used by all unit owners and designated in the master deed as common elements.

COMMUNITY LIVING FACILITY:	A semi-independent multiple-family senior citizen living arrangement which includes specialized centralized services for all its residents. These services may include, but are not limited to, the following: transportation, dining areas, recreation areas and limited medical facilities.

COMPREHENSIVE PLAN:	The official comprehensive plan of the city adopted by the city council in 1989 and as amended from time to time.

CONCEALED:	A tower, ancillary structure, or equipment compound that is not readily identifiable as a wireless communication facility and that is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site or in the neighborhood or area. There are two (2) types of concealed facilities: 1) Antenna attachments, including painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure and 2) A freestanding concealed tower which looks like something else that is common in the geographic region such as a church steeple, windmill, bell tower, clock tower, light standard, flagpole with a flag that is proportional in size to the height and girth of the tower, or tree that grows naturally or is commonly found in the area.

CONDOMINIUM:	An association of co-owners in which individual owners hold title exclusively in their unit and are co-owners of the common elements. The association of co-owners has responsibility for control and maintenance of common elements.

CONGREGATE LIVING FACILITY:	Housing which provides a living arrangement of self-contained units that integrate shelter, food service and other services for independent adults who do not require twenty-four (24) hour oversight. Services may include meals, laundry, transportation, housekeeping and organized activities which create opportunities for socialization.

CONSERVATION:	The protection and care which prevent destruction or deterioration of historical or otherwise significant structures, buildings or natural resources.

CONTIGUOUS:	Next to, abutting, touching, having a common boundary.

COSMETIC TATTOOING:	The practice commonly known as permanent makeup, in which micropigmentation or intradermal cosmetics are applied to semi-permanently or permanently simulate the appearance of common cosmetic applications such as eyelines, lip lines, eyebrow enhancements and beauty marks or to otherwise semi-permanently or permanently restore or improve the appearance of damaged or disfigured skin and outer bodily features to natural coloration and condition.

CULTURAL FACILITY:	A structure in which its use is devoted primarily to the appreciation of the arts.

CURB:	A stone or concrete boundary usually marking the edge of a roadway or paved area.

CURB CUT:	An opening along a curb line at which point vehicles may enter or leave a roadway.

CURB LEVEL:	The level of the established curb in front of a building measured at the center of such front. (Where no curb elevation has been established, the pavement elevation at the street centerline similarly measured, or the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the "curb level".)

DAY:	A calendar day.

DAYCARE CENTER:	Any childcare facility receiving more than eight (8) children for daytime care during part of a day. The term "daycare center" includes facilities commonly called "childcare centers", "day nurseries", "nursery schools", "kindergartens", "playgrounds" and "centers or workshops" for mentally or physically handicapped with or without stated educational purposes. The term does not include: a) kindergartens or nursery schools or other daytime programs operated by public or private elementary school systems or secondary level school units or institutions of higher learning; b) facilities operated in connection with a shopping center or service, or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises, or are in the immediate vicinity and readily available; c) any type of daycare center that is conducted on federal government premises; d) educational program or programs serving children who shall have attained the age of three (3) years and which are operated by a school which is registered with the state board of education or accredited by a recognized organization; e) part day child care facilities; and f) special activities programs, including athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations.

DAYCARE FACILITY, PART DAY CHILDCARE:	A facility for which notification has been made to the department of children and family services and which is conducted by a religious organization or social service agency in which individual children are provided care, on an intermittent basis, for up to ten (10) hours per seven (7) day week. Any facility which provides intermittent care for up to ten (10) hours per seven (7) day week shall not provide care for more than eight (8) hours on any given day during the seven (7) day week. Such a facility is exempt as a daycare home or center under this title.

DAYCARE HOME:	Any dwelling or family home which, as a home occupation, receives for care for less than twenty-four (24) hours per day, more than three (3) up to a maximum of eight (8) children. The number counted includes the family's natural or adopted children residing in the home and all other persons under the age of twelve (12). This term does not include facilities which receive only children from a single household.

DECELERATION LANE:	A speed change lane, including tapered areas, for the purpose of enabling a vehicle to slow to a safe turning speed after it has left the mainstream through lane of faster moving traffic.

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

DECK:	An unenclosed platform serving as a floor and located above the finished grade. A deck may be constructed of any material.

DEDICATION:	The gift or donation of property by its owner to another party.

DEED:	A legal document conveying ownership of real property.

DENSITY:	The number of living units per gross acre.

DENSITY, GROSS:	The numerical value obtained by dividing the area of the lot by the total number of dwelling units.

DENSITY, NET:	The numerical value obtained by dividing the total lot area by the number of dwelling units, after excluding lot area intended to be dedicated or occupied by public and private streets and other improvements, including, but not limited to, common open space areas and associated recreational facilities.

DETENTION BASIN OR POND:	A storage facility for the temporary storage of stormwater runoff.

DEVELOPER:	The legal or beneficial owner or owners of any lot or land included in a proposed development, including the holder of any option or contract to purchase or any person with beneficial interest in a land trust, or other persons having enforceable proprietary interest in such land.

DEVELOPMENT:	The division of land into two (2) or more parcels, or the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, or land excavation or grading, and any use or the extension of use of the land.

DEVELOPMENT AREA:	The area occupied by a wireless communication facility including areas inside or under an antenna-support structure's framework, equipment cabinets, ancillary structures, and/or access ways.

DIRECT ACCESS:	The ability to ingress and/or egress from a point immediately integral to the public roadway.

DISTRICT:	A portion of the corporate area of the city within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title.

DOCK OR PIER:	A manmade structural extension from the normal riparian line into a body of water, whether constructed of fill or other material.

DRIVE-IN ESTABLISHMENT:	A place of business which, through design, physical facilities, service or packaging procedures, permits customers to receive services, obtain goods or to be entertained in their motor vehicles.

DRIVE-THROUGH ESTABLISHMENT:	A place of business which, through design, physical facilities and service, customers receive products or services in their car for use or consumption off site.

DRIVEWAY:	A hard surfaced area paved with a bituminous or concrete surface, in accordance with the provision of chapter 11 of this title, on a zoning lot upon which vehicles are driven or parked, and which provides access to parking spaces or garages. Any hard surfaced area directly adjacent and parallel to a driveway shall be considered part of the driveway.

DUAL PURPOSE FACILITY:	A banner pole, light stanchion, support tower for overhead electric lines, or other similar utility structure onto which one (1) or more antenna(s) are or can be mounted or attached.

DWELLING:	A building or part of a building, containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one (1) or more families.

DWELLING, ATTACHED:	One which is joined to another dwelling at one (1) or more sides by party walls.

DWELLING, DETACHED:	One which is entirely surrounded by open space on the same zoning lot.

DWELLING, MULTIPLE-FAMILY:	A building, or portion thereof, containing four (4) or more dwelling units, excluding single-family attached dwellings.

DWELLING, SINGLE-FAMILY:	A building containing one (1) dwelling unit, which is not attached to any other dwelling unit with the exception of an accessory dwelling unit.

DWELLING, SINGLE-FAMILY ATTACHED:	A building or part of a building, containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one (1) or more families.

DWELLING, THREE-FAMILY:	A building containing three (3) dwelling units.

DWELLING, TWO-FAMILY:	A building containing two (2) dwelling units.

DWELLING UNIT (Abbreviated D.U.):	Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used, or intended to be used for living, sleeping, cooking or eating.

EASEMENT:	Land or an interest in land which has been designated by lawful agreement between the owner or owners of such land and another person or persons, for a specified use only by such person or persons. (See section 11-15-8 of this title.)

EFFICIENCY UNIT:	A dwelling unit consisting of one principal room, together with bathroom, kitchen facilities and closet space.

ELECTRIC VEHICLE:	A vehicle that can be powered by an electric motor that draws electricity from a battery and is capable of being charged from an external source.

ELECTRIC VEHICLE CHARGING STATION:	Equipment that connects to an electric vehicle to a source of electricity to recharge the battery of the electric vehicle. Electric vehicle charging stations are permitted as an accessory use in all zoning districts. If the primary use of a zoning lot is the retail charging of electric vehicle batteries, the use shall be considered the same as a parking lot or structure as a principal use for zoning purposes.

ELIGIBLE FACILITY:	Existing wireless tower or base station that has been approved through a local government land use review process prescribed for the tower or base station.

ELIGIBLE FACILITY REQUEST:	Any request for modification of an existing tower or base station involving co-location of new transmission equipment; removal of transmission equipment; or replacement of transmission equipment that does not substantially change the physical dimensions of such tower or base station.

ELIGIBLE HOUSEHOLD:	A household with an income at or below eighty percent (80%) AMI for for-sale units and at or below sixty percent (60%) AMI for rental units, based on the size of the household as set forth in chapter 16 of this title.

ELIGIBLE SUPPORT STRUCTURE:	Any tower or base station existing at the time a wireless communications facility application is filed with the city.

EQUIPMENT CABINET:	Any structure above the base flood elevation used exclusively to contain equipment necessary for the transmission or reception of communication signals.

EQUIPMENT COMPOUND:	The fenced-in area surrounding, inside or under a ground-based wireless communication facility containing ancillary structures and equipment (such as cabinets, shelters, and pedestals) necessary to operate an antenna that is above the base flood elevation.

EQUIVALENT OPACITY:	The density of light obscuration of any smoke or plume that most closely matches the smoke shade on the standard Ringelmann chart.

EQUIPMENT SHELTER:	A self-contained building housing ancillary electronic equipment typically including a generator.

ERECT:	To build, construct, attach, hang, place, suspend or affix.

ESCORT AGENCY:	A person or business association that for a fee, tip, or other consideration, furnishes, offers to furnish, or advertises to furnish, escorts as one of its primary business purposes.

ESTABLISHMENT:	An institutional, business, commercial or industrial activity that is either the sole occupant of one (1) or more buildings or occupies a portion of a building such that the activity is a logical and separate entity from the other activities within the building and not a department of the whole. An establishment occupying a portion of a building shall either have a separate entrance from the exterior of the building or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.

ESTABLISHMENT, BUSINESS:	A place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.

EXISTING:	A constructed tower or base station is "existing" for purposes of section 11-2-2 et seq. if it has been reviewed and approved under an applicable city land use review process. "Existing" also includes a tower that was lawfully constructed but not reviewed because it was not in a zoned area when it was built.

EXTERIOR BUILDING COMPONENT:	An essential and visible part of the exterior of the building.


FAMILY:	A person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:

	1) Any number of people related by blood, marriage, adoption, guardianship, or duly-authorized custodial relationship, together with domestic servants and not more than two (2) gratuitous guests;

	2) No more than two (2) people who are not necessarily related to each other by blood, and their dependents, together with domestic servants and not more than two (2) gratuitous guests;

	3) Three (3) or fewer people not related by blood, adoption, guardianship, or duly-authorized custodial relationship. Servants or guests residing with said family shall be included in the unrelated person attainted by this definition, and shall not be in addition thereto.

	4) Not more than eight (8) people who are: (a) residents of a "group home" as defined in this title; or (b) "handicapped" as defined in the Fair Housing Act.

	"Family" does not include any society, club, fraternity, sorority, association, lodge combine, federation, coterie, or like organization; any group of individuals whose association is temporary or seasonal in nature; any group of individuals who are in a group living arrangement as a result of criminal offenses; or any group of persons currently illegally using or addicted to a "controlled substance".

FEED LINES:	Cables or fiber optic lines used as the interconnecting media between the base station and the antenna.

FENCE OR WALL:	A structure which is used as a boundary or a means of protection or confinement or for decorative purposes and which is made of manufactured material.

FENCE, OPEN:	A fence, including gates, which has, for each one (1) foot wide segment extending over the entire length and height of the fence, at least thirty percent (30%) of the surface area in open spaces which afford direct views through the fence. (See section 11-15-21 of this title.)

FLAMMABLE OR EXPLOSIVE MATERIAL:	A material which produces flammable or explosive gases or vapors under ordinary temperature conditions including liquids with a closed cup flash point of less than one hundred five degrees Fahrenheit (105;deg;F).

FLOOD:	The condition existing when the waters of any watercourse, pond, or depressions temporarily rise to a height above their normal levels and overflow the boundaries within which they are ordinarily contained. It also includes the unusual rapid accumulation or runoff of surface waters.

FLOOR AREA (For Determining Floor Area Ratio):	The sum of the gross horizontal area of the several floors of a building measured from the exterior walls or from the centerline of walls separating two (2) buildings. The "floor area" of a building shall include elevator shafts, and stairwells on each floor, floor space used for mechanical equipment (except equipment, open or enclosed located on the roof), penthouses, attic space having headroom of seven feet (7') or more, interior balconies and mezzanines, enclosed porches and floor area devoted to accessory uses. However, any space devoted to off street parking or loading shall not be included in "floor area".

	The "floor area" of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be determined on the basis of height in feet; i.e., ten feet (10') in height shall equal one floor.

FLOOR AREA (For Determining Maximum Floor Area For Residential Uses In Residential Area 1, the D-SFMR and D-SFHR Districts):	The objective of this standard is to regulate the exterior mass of a building by calculating its floor area. Subsections A through D of this definition are all components of a building's calculated floor area. Maximum floor area for residential uses in residential area 1 is the sum of the following:

	A. The area of the horizontal plane through the building at the finished first floor elevation measured from the exterior of the building.

	B. The area of the horizontal plane through the building at a point twenty feet (20') above the finished first floor elevation measured from the exterior of the building.

	C. The area of the horizontal plane through the building at a point twenty-eight feet (28') above the finished first floor elevation measured from the exterior of the building.

	D. The following areas of the building shall also be added in the calculation of maximum floor area:

	1. Attached or detached garages or carports shall be determined by calculating the area of the garage or carport from the exterior walls. However, four hundred eighty-four (484) square feet of garage area on lots or parcels of land less than ten thousand (10,000) square feet in area and seven hundred twenty-six (726) square feet of garage floor area on lots or parcels of land ten thousand (10,000) square feet in area or greater shall be subtracted from the calculated total floor area.

	2. Open or enclosed porches of any kind, covered patios, porticos, sunrooms, three-season rooms, second story porches, sleeping porches or verandas shall be determined by calculating the area of the porch measured from the exterior walls or support elements. However, up to three hundred (300) square feet of floor area of a one-story, traditional open front porch with nothing above it except a roof that provides direct access to the front door of the dwelling shall be subtracted from the calculated total floor area.

	3. Basements or portions thereof that extend above the ground adjacent to the foundation wall of the building to a height of five feet (5') or greater as measured from the top of the finished first floor to the lowest finished grade of the ground adjacent to the building calculated by the following formula:

	[Total square footage of basement]

	Multiplied by [linear footage of the perimeter of exposed foundation wall (five feet (5') or greater)]

	Divided by [linear footage of the perimeter of entire basement]

	Equals the amount of basement floor area to be included in the calculated total floor area

	Provided however, that for houses that contain exposed foundation walls greater than five feet (5') in height on lots or parcels of land where the elevation of a zoning lot line is at least six feet (6') higher than the elevation of the opposite and approximately parallel zoning lot line, up to two hundred (200) square feet of basement floor area shall be subtracted from the calculated total floor area.

	4. Breezeways and any other roof or roof like projections from a dwelling; excluding roof eaves which are twenty-four inches (24") wide or less.

	5. Porte-cocheres shall be determined by calculating the area of the porte-cochere measured from the exterior walls or support elements. However, up to two hundred fifty (250) square feet of area beneath a porte-cochere that is less than twenty-five feet (25') in height shall be subtracted from the calculated total floor area.

	6. Each accessory building or structure on a zoning lot that is larger than two hundred (200) square feet in size than is covered by a roof as follows: The area of the horizontal plane through the building at the finished first floor elevation measured from the exterior of the building plus the area of the horizontal plane through the building at a point eighteen feet (18') above the finished first floor elevation measured from the exterior of the building.

FLOOR AREA (For Determining Off Street Parking And Loading Requirements):	The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks or closets, and any floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices.

	However, "floor area" for the purposes of measurement for off street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off street parking or loading facilities, including aisles, ramps, and maneuvering space; or mechanical or storage floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

FLOOR AREA RATIO (FAR):	The floor area of the building or buildings on a zoning lot divided by the area of such zoning lot, or, in the case of planned developments, by the net site area. The "floor area ratio" requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot. (See section 11-15-2 of this title.)

FLUSH-MOUNTED:	Antenna or antenna array attached to the face of a support structure or building such that no portion of the antenna(s) extend(s) above the height of the support structure or building. The maximum flush-mounting distance, if prescribed, shall be measured from the outside edge of the support structure or building to the inside edge of the antenna.

FOOT-CANDLE:	A unit of illumination equal to the light flux which falls on a one square foot area one foot (1') distant from a light source of one candlepower.

FREQUENCY:	Signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

FRONTAGE:	The length of all the property fronting on one side of a street between the two (2) nearest intersecting streets, measured along the line of the street, or if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street. The frontage of a lot is the shortest line abutting a street.

FRONTAGE (For Determining Allowable Sign Area):	The linear extent of a building or tenant space, measured at grade, which faces a public street or alley.

FRONTAGE ROAD:	A public or private street, closely paralleling a larger public street, which provides the primary means of access across from adjacent property to the larger street.

FRONTAGE, ZONING LOT:	The length of all the property of such zoning lot fronting on a street, measured between side lot lines.

FULL MEDIAN OPENING:	An access through a median that provides for both left turn ingress and egress. ^[4]

GARAGE, DETACHED:	A garage that is not attached to the principal structure.

GARAGE, PRIVATE:	An accessory building for the purposes of housing motor driven passenger vehicles for the private use of one owner or family.

GARAGE, PUBLIC:	Any building, except a private or storage garage, used for equipping, repairing, hiring, selling or storing motor driven vehicles, but not including areas used exclusively for exhibition or show room purposes.

GARAGE, REAR LOADED ATTACHED:	A garage that is attached to the principal structure and has the vehicle doors facing one hundred eighty (180) degrees away from both the front door of the house and the front yard of the property.

GARAGE SALE:	All general sales, open to the public, conducted from or on property in a residential zoning district upon which a dwelling is located, for the purpose of selling personal property, including but not limited to all sales entitled "garage", "lawn", "yard", "backyard", "estate", "attic", "patio", "porch", or "rummage" sale.

GARAGE, SIDE LOADED ATTACHED:	A garage that is attached to the principal structure and has the vehicle doors facing at least ninety (90) degrees away from both the front door of the house and the front yard of the property.

GARAGE, STORAGE:	Any building used for housing only of motor driven vehicles, pursuant to previous arrangements and not to transients, and at which automotive fuels and oils are not dispensed and motor driven vehicles are not equipped, repaired, hired or sold.

GARAGE, TANDEM ATTACHED:	A garage that is attached to the principal structure and that provides for two (2) or more parking spaces, one behind the other.

GASOLINE FUEL STATION:	An automobile service station that may or may not contain a minimarket.

GAZEBO:	An open-air structure with a solid roof supported on posts or columns. (See section 11-15-19 for an illustration of this structure.)

GEOGRAPHIC SEARCH AREA:	An area designated by a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless engineering.

GOLF COURSE:	A public, semipublic or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereof, and consisting of at least thirty (30) acres for each nine (9) hole course.

GRADE, EXISTING:	The average or mean elevation of a parcel, lot or tract of land prior to commitment of development activity.

GRADE, FINISHED:	A reference plane representing the average of the 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 points 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 six feet (6') from the building.

GRAPHIC ELEMENT:	A letter, illustration, symbol, figure, insignia or other device employed to express and illustrate a message or part thereof.

GROUP HOME:	A residential building which provides housing and services for persons with disabilities, including professional staff either living with the residents on a twenty-four (24) hour basis, or present whenever residents are present at the dwelling, and occupied on a relatively permanent basis in a family like environment. The group home may house individuals who are undergoing treatment or rehabilitation for such disabilities and constitutes a single housekeeping unit in which residents may share responsibilities, meals and recreation. A group home shall comply with the zoning regulations for the district in which the site is located.

HARDSCAPE AREA (PRIVATE RESIDENTIAL):	Any strip or section of concrete, pavers, asphalt, or stones not otherwise defined as service walk.

HEALTH OR FITNESS CLUB:	An indoor facility designed for the principal purpose of physical fitness or weight reduction which may include, but is not limited to, such equipment as weight resistance machines, running and jogging, game courts, swimming facilities, saunas, showers, and lockers. Instruction programs, aerobic classes, and weight control programs may be offered.

HELIPORT:	Any portion of an area used or intended to be used for the landing and taking up of helicopters which, in addition, includes any passenger facilities and cargo facilities maintenance and overhaul, fueling, service, storage, tie down areas, hangars and similar facilities.

HISTORIC DISTRICT:	A delineated geographical area of the city designated by the city council for preservation.

HISTORIC PRESERVATION COMMISSION:	A seven-member board appointed by the mayor and city council which is responsible for reviewing permit applications for exterior improvements to landmark properties or properties within the historic district.

HOME OCCUPATION:	A gainful occupation or profession carried on by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes. Only members of the family occupying the premises shall engage in the home occupation and, except as authorized by special use permit, the home occupation shall be carried on wholly within the principal building. No article shall be sold or offered for sale on the premises and no mechanical or electrical equipment shall be installed or maintained other than is customarily incidental to domestic use. There shall be no exterior display, exterior sign, no exterior storage of materials, no other exterior indication of the home occupation or variation from the residential character of the principal building or any accessory building, and no offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced, nor shall such home occupation create a parking or traffic problem. No more than one vehicle associated with the home occupation shall be permitted on the premises. Home occupations shall be allowed as an accessory use within the principal building or as a special use within an accessory building and only in residential zoning districts.

HOSPITAL:	A medical institution devoted primarily to the maintenance and operation of facilities for the medical diagnosis and treatment of two (2) or more unrelated persons admitted for overnight stay, as is further defined by the Illinois hospital licensing act. ^[5]

HOT TUB:	A recreational bathing facility which is intended to utilize heated water for the comfort or therapeutic benefits of its occupants.

HOTEL:	An establishment which is open to transient guests, in contradistinction to a boarding, rooming or lodging house, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy service.

HOUSING PROVIDER:	An entity approved by the City of Geneva to develop, manage or own affordable units.

IMPERVIOUS SURFACE:	Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. Impervious surfaces shall include gravel or stone driveways and parking areas.

IMPROVEMENT:	Any manmade, immovable item which becomes part of, placed upon, or is affixed to, real estate.

INCLUSIONARY HOUSING PLAN:	A plan submitted as part of development application that details a development's compliance with the affordable housing requirements of chapter 16 of this title.
INCOMPATIBLE USE:	A use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous or discordant.

INDUSTRIAL:	All inclusive categories of light industry, industrial parks and manufacturing.

INDUSTRIAL PARK OR BUSINESS PARK:	A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations or government organizations.

INN:	An operator-occupied dwelling providing accommodations for a charge to the pubic with up to ten (10) guest rooms to rent with or without restaurant or banquet areas. Breakfast and other meals may be provided to guests and other patrons in common, restaurant or banquet areas.

KENNEL:	Any premises or portion thereof on which four (4) or more dogs, cats or other household domestic animals over four (4) months of age are kept, or on which more than two (2) such animals are maintained, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale. Dog runs shall either be enclosed or located or situated to the rear of the principal structure.

LABORATORY:	A place devoted to experimental study such as testing and analyzing. Manufacturing of product or products is not to be permitted within this definition.

LAND USE:	A description of how land is occupied or utilized.

LANDMARK:	An individual property or structure designated by the city council for preservation.

LANDSCAPE MATERIAL:	Includes such living materials as trees, shrubs, ground cover, vines, turf grasses, and nonliving materials such as rocks, pebbles, sand, bark, brick pavers, earthen mounds (excluding pavement), and other items of a decorative or embellishment nature such as fountains, pools, walls, fencing, sculpture, etc.

LANDSCAPE PLAN:	The graphical depiction of the location and arrangement of existing and proposed plant material and land forms on a zoning lot in conformance with the requirements of this title. ^[6]

LANDSCAPED OPEN SPACE:	That part of the gross land area in open space which is free of streets, structures or parking areas and provided to improve the drainage, microclimate and aesthetics of the site. Such areas are usually landscaped and appropriately located to achieve maximum effect and appeal. Typically, such space includes lawn areas, shrubs and trees, walkways, paved terraces, sitting areas, courts or plazas and outdoor recreational areas. Unpaved land areas within private or public street rights-of-way are not counted as landscaped open space unless they are in excess of minimum right-of-way standards.

LANDSCAPING:	The bringing of the soil surface to a smooth finished grade and installation of sufficient trees, shrubs, ground cover and grass to soften building lines, provide shade and generally produce a pleasing visual effect of the premises.

LIFE CARE FACILITY:	An organization serving three (3) or more persons who are not related by blood or marriage to the operator, which undertakes through its ownership or management to provide housing and related services for its residents. This includes residents that are fully ambulatory as well as those which require some level of care, including assisted care or nursing by reason of illness or physical infirmity, or are unable properly to care for themselves. It also requires the facility be licensed and staffed for skilled care, contain common kitchen and dining facilities, have on premises physical therapy and provide on premises personal services. The term does not include the following:

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

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

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

	D. Any child welfare agency or maternity hospital;

	E. Senior citizen housing.

LIFE CARE FACILITY, SENIOR CITIZEN:	A dependent senior citizen multiple-family living arrangement providing dwelling units with common dining, recreation and medical and nursing care facilities. A life care facility must: a) be licensed and staffed for skilled care; b) contain common kitchen and dining facilities; c) have call button or similar monitoring systems; d) have on-premises physical therapy; and e) have on premises personal services, library, social, occupational and educational services and transportation.

LIFE CARE RETIREMENT FACILITY, SENIOR CITIZEN:	A dependent senior citizen multiple-family living arrangement which meets all the requirements for a life care facility except that a portion of its residents are fully ambulatory and live in a condominium/cooperative arrangement.

LOADING BERTH:	The space planned for or used by a vehicle being loaded or unloaded.

LOT:	A parcel of land occupied or to be occupied by one (1) main building, or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under these regulations, and having its principal frontage upon a street, public or private. A lot as used herein may consist of one (1) or more platted lots, or tract or tracts as conveyed, or parts thereof. (See section 11-15-15 of this title.)

LOT, CORNER:	A lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least frontage dimension, unless otherwise specified by the building commissioner, except that a lot as herein defined, when made up of more than one (1) platted lot, shall be deemed to front on the street upon which said platted lots front. (See section 11-15-16 of this title.)

LOT COVERAGE:	That area or portion of a lot occupied by all buildings, structures and other impervious surfaces.

LOT DEPTH:	The mean horizontal distance from the front street line to the rear line.

LOT LINE, FRONT:	A street lot line. Front lot lines shall be subject to the following (see section 11-15-16 of this title):

	A. Interior Lot: For an interior lot, the front lot line shall be the street lot line.

	B. Corner Lot: For a corner lot, the front lot line shall be the shortest of the two (2) street lot lines, or where such lot lines are equal, either street lot line may be designated as the front lot line, as may be approved by the zoning administrator.

	C. Through Lot: For a through lot, the front lot line shall be that street lot line which has been designated as the front lot line by the majority of other zoning lots with the same block frontage, the front lot line shall be that street lot line as specified within any covenants or restrictions on the applicable recorded plat of subdivision, or the front lot line shall be that street lot line as designated by the zoning administrator.

LOT LINE, REAR:	That lot line which is most distant from and is approximately parallel to the front lot line. (See section 11-15-3 of this title.)

LOT LINE, SIDE:	Any lot line that is not a street lot line or a rear lot line. (See section 11-15-3 of this title.)

LOT LINE, STREET:	Any lot line which adjoins an individual public street right-of-way or private street.

LOT LINES:	The lines bounding a lot as defined herein. (See section 11-15-3 of this title.)

LOT OF RECORD:	Land which is separately designated as a lot on a plat of subdivision duly recorded in the office of the recorder of deeds of Kane County; or a parcel of land, the deed to which is recorded in the office of said recorder, showing title as a separate entity, and which is assessed as a separate entity for tax purposes.

LOT, THROUGH:	A zoning lot which has two (2) substantially parallel street lot lines which do not intersect, and which is not a corner lot. The yard designated as the rear yard shall be utilized as such, except that the area of the rear yard that is located between the required setback from the street lot line shall remain clear of obstructions. Fences shall not be considered an obstruction and may be permitted as provided for in section 11-3-5 (Fences and Walls). (See section 11-15-16 of this title for an illustration of a through lot.)

LOT, ZONING:	A single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer and legally described as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a zoning lot or lots may or may not coincide with a lot of record. (See section 11-15-15 of this title.)

LUMBERYARD:	A business primarily engaged in the retail or wholesale sale of wood products and building materials.

MALL:	A shopping center where stores front on both sides of a pedestrianway which may be either enclosed or open.

MARKET RATE UNIT:	All dwelling units in a residential development that are not affordable units as defined herein.

MARQUEE:	A roof like structure of a permanent nature which projects from the wall of a building.

MEDIAN:	A raised portion of a street separating the opposing traffic flows.

MEDICAL OFFICE:	See definition of Clinic Or Medical Office.

MESSAGE:	A communication of identification or advertising information visually perceived. Said communication consists of words, abbreviations, numbers, symbols, pictures, geometric shapes, etc.

MEZZANINE:	An intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.

MICRON:	A unit of length equal to one thousandth ( 1/1000 ) of a millimeter.

MINIWAREHOUSE:	See definition of Self-Service Storage Facility.

MOTOR FREIGHT TERMINAL:	A building or area in which freight, shipped by motor truck or railroad, is received, assembled, sorted, and/or rerouted for local, intrastate or interstate shipment by motor truck.

MOTOR VEHICLE:	Any passenger vehicle, truck, truck trailer, trailer or semi-trailer propelled or drawn by mechanical power.

NET SITE AREA:	The land area of a lot or tract remaining after subtraction of all public street and alley rights-of-way.

NOISE ATTENUATION BARRIER:	The creation and placement of a physical barrier, made out of natural vegetation, earth, wood, concrete or other materials, in any combination, for the purpose of reducing or minimizing the level of audible noise from its point of origin on one side of the barrier to the other.

NON-CONCEALED:	A telecommunication facility that is readily identifiable as such (whether freestanding or attached).

NONCONFORMING BUILDING OR STRUCTURE:	Any building or structure, lawful at the time of enactment of this title, which:

	A. Does not comply with all of the regulations of this title or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or

	B. Is designed or intended for a nonconforming use.

NONCONFORMING USE:	Any use of land, buildings, or structures, lawful at the time of the enactment of this title, which does not comply with all of the regulations of this title or of any amendment hereto governing use of the zoning district in which such use is located.

NOXIOUS MATTER:	Matter which is capable of causing injury or illness to living organisms, or is capable of causing detrimental effects to the health or the psychological, social or economic well being of humans.

NURSERY SCHOOL:	See definition of Daycare Center.

NURSING HOME:	An extended or intermediate care facility licensed by the state of Illinois to provide full time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

OBSTRUCTION:	Any building or structure, or part thereof, which is located so as to intrude upon any open space required by this code. Trees or shrubs shall not be considered as obstruction, except as may be regulated herein.

OCTAVE BAND:	A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

ODOROUS MATTER:	Any matter or material that yields an odor which is offensive in any way.

OFF-STREET PARKING SPACE:	An off-street paved and curbed area used for the temporary storage of one automobile or other motor vehicle with direct access to a dedicated roadway right-of-way.

OFFICE:	An administrative unit of a business enterprise or organization, including, but not limited to, offices of accountants, financial brokers, insurance agents, architects, engineers, planners, dentists, physicians, osteopaths, chiropractors, optometrists, lawyers, real estate and title companies.

OPEN SPACE:	Open space which is reserved for the use of all residents of a residential development. This includes parks and could include space dedicated to the city.

OPEN SPACE, USABLE:	Land which is free of buildings, structures and other substantial improvements. The following examples are listed by way of illustration to indicate what may be counted as usable open space within this definition: a) outdoor swimming pools, swimming pool areas, hard surface recreational areas and other recreational areas, provided these areas are unenclosed except for fences, canopies, bathhouses, or other minor structures; b) enclosed open space areas in shopping malls, including walkways. The following examples are listed by way of illustration to indicate what may not be counted as usable open space within this definition: a) roofs; b) open parking areas; c) parking structures; and d) road rights-of-way.

OUTDOOR SEATING AREA:	An at- or below-grade surface area used for seated dining for a restaurant or by the public for passive recreational activities and relaxation. Such areas typically provide amenities such as tables and chairs, seating, drinking and ornamental foundations, public art, trees, and/or landscaping. An outdoor seating area shall not be a deck.

OUTDOOR STORAGE:	The keeping in an unroofed area of any goods, material, merchandise or vehicles in the same place for more than twenty four (24) hours.

OVERLAY DISTRICT:	A district which acts in conjunction with the underlying zoning district or districts.

OTARD:	Over the air reception devices which are limited to either a "dish" antenna one meter (39.37 inches) or less in diameter designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, or an antenna that is one meter or less in diameter and is designed to receive video programming services via broadband radio service (wireless cable), or to receive or transmit fixed wireless signals other than via satellite or an antenna that is designed to receive local television broadcast signals.

PARK:	A tract of land used for public or private, but noncommercial recreational, purposes or open space purposes. Such land may contain improvements and facilities for indoor and outdoor activities, including, but not limited to, active and passive recreational activities.

PARK, LINEAR:	A strip of land or ground not to exceed one hundred (100) yards in width, either standing along or being separated from any other public or private park or school property or land, which is devoted to and specifically used for recreation travel, including, but not limited to, bicycling, running, jogging, walking, hiking or cross-country skiing. ^[7]

PARKING LOT:	An unenclosed off street paved area, containing four (4) or more parking spaces and associated aisles, used for the temporary storage of automobiles or other motor vehicles with direct access to a dedicated roadway right-of-way.

PARKING SPACE:	An enclosed or unenclosed surfaced area permanently reserved for the temporary storage of one automobile and appropriately connected with a street or alley by a surfaced driveway affording adequate ingress and egress.

PARKING STRUCTURE:	A structure for the parking of private motor vehicles either above or below ground, or an unenclosed but screened parking area on top of a structure.

PARKWAY:	That portion of a public street right-of-way on either side of an improved public street lying between the back-of-curb or the edge of pavement and the closest edge of sidewalk pavement or the right-of-way line.

PARKWAY TREE:	Any tree which when mature has a trunk diameter of four inches (4") or more (measured 6 inches above grade) and is planted within or adjacent to a public right-of-way for a street.

PARTIAL MEDIAN OPENING:	An access through a median that provides left turn ingress and egress maneuvers, but not both.

PARTICULATE MATTER:	Dust, smoke, or any other form of airborne pollution in the form of minute separate particles.

PATIO:	An unenclosed surface area located at the finished grade, usually constructed of concrete or masonry materials.

PAWNSHOPS:	An establishment that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.

PENTHOUSE:	A roofed structure located on the roof of a building. Penthouses used solely to enclose mechanical equipment shall not be included in calculating floor area ratio. Penthouses used solely or in part for living, working or recreational use shall, however, be included in calculating floor area ratio.

PERFORMANCE STANDARD:	A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in the uses of land or buildings.

PERGOLA:	A parallel colonnade consisting of posts, pillars, or columns supporting an open roof structure, composed of girders and cross rafters that may support climbing plants or vines. (See section 11-15-19 for an illustration of this structure.)

PERMANENTLY AFFIXED:	Refers to buildings, structures, appurtenances or improvements designed and installed in a manner not intended to be moved or removed.

PERSONAL WIRELESS SERVICE FACILITIES:	Any staffed or unstaffed location for the transmission and/or reception of radio frequency signals or other personal wireless communications, including commercial mobile services, unlicensed wireless services, wireless broadband services, and common carrier wireless exchange access services as defined in the Telecommunications Act of 1996, and usually consisting of an antenna or group of antennas, transmission cables, feed lines, equipment cabinets or shelters, and may include a tower. Facilities may include new, replacement, or existing towers, replacement towers, co-location on existing towers, base station attached concealed and non-concealed antenna, dual purpose facilities, concealed towers, and non-concealed towers (monopoles, lattice and guyed), so long as those facilities are used in the provision of personal wireless services as that term is defined in the Telecommunications Act.

PLAN, CONCEPTUAL:	A plan that sets forth the basic concepts for development of a tract of land. This plan can be of a general nature or outline and need not propose definite locations of buildings, facilities and uses.

PLAN, FINAL:	A plan showing the definite proposed location of buildings, facilities, landscaping and uses upon a tract of land. This plan is usually the one for actual development of the land and, if approved by the city, is binding upon the land.

PLAN, PRELIMINARY:	A plan showing the tentative arrangement of buildings, facilities, landscaping and uses upon a tract of land.

PLAN, SITE:	A plan prepared to scale, showing accurately and with complete dimensioning, a development or use proposal containing all mapping elements required in this title.

PLANNED UNIT DEVELOPMENT:	A parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located; the developer or developers may be granted relief from specific land use regulations and design standards and may be awarded certain premiums in return for assurances of any overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole.

POND:	See definition of Detention Basin Or Pond or Retention Basin Or Pond.

PORCH, ENCLOSED:	A platform projecting from or attached to a wall of a building: a) with direct access to a building, b) which is covered by a roof or roof like structure, c) that may be heated or cooled, d) that is enclosed by: 1) walls, 2) permanent or removable windows or screens, or 3) any combination or similar material thereof. Enclosed porches are sometimes also referred to as screened in porches or three-season rooms.

PORCH, OPEN:	A platform projecting from or attached to a wall of a building: a) with direct access to a building, b) which is covered by a roof or roof like structure, c) that is not heated or cooled, d) that is open to the outside air and e) that is not enclosed by: 1) walls, 2) permanent or removable windows or screens, or 3) any combination or similar material thereof. Open porches may be partially enclosed by railing(s) or knee walls not to exceed forty-two inches (42") in height as measured from the porch floor and may include columns for the purpose of supporting the roof or roof like structure.

PRODUCTION BREWING:	A facility for the production and packaging of malt beverages for retail and/or wholesale distribution. The facility may include a restaurant or tavern where the beverages produced on site are sold directly to patrons, either for consumption on site or in hand-capped, sealed containers in quantities up to one-half (½) barrel.

PROPERTY LINES:	The lines bounding a zoning lot, as defined herein.

PROPERTY OWNER:	Any person, group of persons, firm or firms, corporation or corporations, or any other entity having a proprietary interest in the property.

PUBLIC HEARING:	A meeting announced and advertised in advance which is open to the public, with the public given an opportunity to speak and participate.

PUBLIC NOTICE:	An advertisement of a public hearing in a newspaper of general circulation in the area, or through other media sources, indicating the date, time, place and nature of the public hearing.

PUBLIC UTILITY:	A service and its related facilities which ostensibly provides for the benefit of the general public utility services including, but not limited to, water, sanitary sewer, storm sewers, electrical, telephone, natural gas and related utilities.

QUALIFIED CO-LOCATION REQUEST:	Co-location of PWSF on a tower or base station that creates a substantial change in the facility but is entitled to processing within ninety (90) days under 47 U.S.C. §332(c)(7).

RADIO FREQUENCY EMISSIONS	Any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment.

RADIO FREQUENCY PROPAGATION ANALYSIS:	Computer modeling to show the level of signal saturation in a given geographical area.

RADIUS RETURN:	The point of tangency where the end of the circular curve of the driveway or street becomes linear.

RECREATIONAL VEHICLE:	Any camping trailer, motor home, mini-motor home, travel trailer, truck camper or van camper and any towed recreational equipment, including the trailers for same such as boats, snow-mobiles and motorcycles used privately for recreational purposes and not used commercially. Recreational vehicle more specifically includes:

	A. Camper Trailer (Popup): A recreational 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 are of a size or weight not requiring an over dimension permit when towed on a highway.

	B. House Trailer (Mobile Home): A recreational trailer or semitrailer equipped and used for living quarters for human habitation (temporarily or permanently) rather than for the transportation of freight, goods, wares and merchandise.

	C. Motor Home, Mini-Motor Home Or Van Camper: Any 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.

	D. Travel Trailer: A recreational 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.

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

REPLACEMENT:	A modification of an existing tower to increase the height, or to improve its integrity, by replacing or removing one (1) or several tower(s) located in proximity to a proposed new tower in order to encourage compliance with section 11-3-12, or improve aesthetics or functionality of the overall wireless network.

RESERVOIR PARKING:	Those off street parking spaces allocated to automobiles awaiting entrance to a particular establishment.

RESIDENTIAL AREA 1:	A delineated geographic area of the city of Geneva containing subdivisions that were recorded prior to January 1, 1989, and areas that are not located within planned unit developments duly authorized by city council ordinance.

RESIDENTIAL AREA 2:	A delineated geographic area of the city of Geneva containing subdivisions that were recorded on or after January 1, 1989, and areas that are located within planned unit developments duly authorized by city council ordinance.

RESTAURANT:	An establishment wherein food is prepared and served in ready to eat form to the public for human consumption. "Restaurant" includes cafe, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steakhouse.

	In the event a restaurant applies for the issuance of a liquor license pursuant to local and state laws, a restaurant shall be further defined to meet the requirements of section 4-2-6, class B-1 liquor license of this code, except that land located in the B2 business district may meet the requirements of section 4-2-6, class A liquor license, of this code. Permanent or temporary outdoor restaurant seating is permitted, subject to the requirements of this title and this code. Off street parking for temporary or permanent outdoor seating areas shall be calculated based upon the parking requirements for the specific type of restaurant, as defined herein.

	For purpose of this title, the following types of restaurants are defined:

	Carryout Restaurant: A restaurant which provides no table or seating or food bar although food is prepared and purchased on site and consumed off premises.

	Carryout/Sit-Down/Drive-Through Restaurant: A sit-down/carryout restaurant which also maintains drive-through facilities for the purchase and consumption of food off premises.

	Drive-In Restaurant: A restaurant where food is served to patrons in parked motor vehicles. Food is consumed either on or off premises.

	Drive-Through Only: A restaurant which does not provide any tables, seating or service areas on the zoning lot and provides retail food exclusively through the use of a drive-through facility.

	Sit-Down/Carryout Restaurant: A restaurant which prepares food which may be consumed on or off premises.

	Sit-Down Restaurant: A restaurant where meals are prepared and served and consumed on premises.

RETENTION BASIN OR POND:	A storage facility for permanent storage of water, often storm water runoff.

ROOF LINE:	The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette on the side of the building.

SANITARIUM:	A publicly operated institution established for the long term treatment of the chronically ill.

SATELLITE EARTH STATION:	A single or group of parabolic or dish antennas mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration, including the associated separate equipment cabinets necessary for the transmission or reception of wireless communications signals with satellites.

SCHOOL:	Any building or portion thereof, which offers educational instruction in any branch of knowledge or study.

SEASONAL OR TEMPORARY USE:	See definition of Temporary Or Seasonal Use.

SECONDHAND SHOP:	An establishment primarily engaged in the retail sale of used merchandise such as, but not limited to, clothing, household goods, furniture, appliances, books, videos, or records. This classification does not include antique shops, pawnshops, or the sale of secondhand motor vehicles or vehicle parts.

SECRETARY OF THE INTERIOR'S STANDARDS:	Adopted in 1995 as the guide for review of permit applications by the historic preservation commission, the SOI Standards are used to assist in the long-term preservation of a property's significance through preservation. Developed and maintained by the National Park Service the standards are used by federal, state, and local agencies responsible for historic preservation.

SELF-SERVICE STORAGE FACILITY:	A structure containing a number of small, separate storage areas of varying size leased or rented on an individual basis.

SEMI-NUDE MODEL STUDIO:	A commercial establishment which regularly features a person (or persons) who appears semi-nude and is provided to be observed, sketched, drawn, painted, sculptured, or photographed by other persons who pay money or any form of consideration, but shall not include a proprietary school licensed by the State of Illinois or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

SENIOR CITIZEN:	Any person sixty-two (62) years of age or older.

SENIOR CITIZEN APARTMENTS:	A multiple-family housing development where at least one occupant of each dwelling unit must be a senior citizen.

SENIOR CITIZEN HOUSING:	An apartment building designed for and intended to be used exclusively for housing for persons sixty-two (62) years of age or older or families of two (2) or more persons related by blood, marriage or operation of law, one member of which is sixty-two (62) years of age or older.

SERVICE WALK (PRIVATE RESIDENTIAL):	Any strip or section of concrete, pavers, asphalt, or stones a maximum of four (4) feet in width, the prime purposes of which is a walkway. Any concrete, pavers, or stones exceeding four (4) feet in width, the prime purpose of which is not a walkway, shall be defined as hardscape area.

SETBACK:	The minimum required distance along a straight and perpendicular line between a structure and the street lot line, rear lot line or side lot line.

SETBACK, AVERAGE:	The minimum required distance along a straight and perpendicular line for the required street setback on a vacant lot. The average setback is the average of the distance of the closest adjacent principal buildings on either side of a vacant lot on the same block and same side of the street, where the existing buildings exceed the minimum street setback required.

SETBACK, TRANSITION:	A setback which is subject to certain improvements for placement between potentially incompatible land uses. Transition setbacks are provided on a zoning lot in an office, business or industrial district which adjoins a zoning lot in a residential district, or that setback in a multiple-family zoning district which adjoins a one-, two- or three-family zoning district. (See section 11-15-3 of this title.)

SHADE SAIL:	An unenclosed fabric structure designed to provide temporary or permanent shade that may be attached to posts, buildings or surrounding structures. (See section 11-15-19 for an illustration of this structure.)

SHED:	A detached accessory structure used for the storage of materials whose use is incidental and subordinate to that of the primary or dominant use of the principal building or structure.

SHELTERED CARE FACILITY:	A structure or part of a structure used for the temporary sheltering of abused individuals and/or the homeless. Qualified supervision and care shall be provided for those housed in the facility.

SHOPPING CENTER:	A complex of three (3) or more business and commercial establishments, the whole planned, developed and managed as a unit, sharing common parking facilities.

SIDEWALK:	That portion of a public right-of-way, easement or land reserve which is paved and intended for the use of pedestrian traffic.

SIGN:	Any object, device, display or structure or part thereof that is used to advertise, identify, display or attract attention to any object, person, institution, organization, business, product, service or event related to the premises on which the sign is situated by any means including words, letters, figures, designs, symbols, fixtures, colors or illumination.

SIGN, A-FRAME:	A sign with not more than two (2) sides that is self supporting and not permanently anchored or attached to the ground and which is used to inform the general public of an event or particular items that is/are offered at a specific and proximate establishment.

SIGN AREA:	The area of not more than two (2) imaginary squares or rectangles that would completely encompass all parts of a sign, including the background.

SIGN, AWNING:	A sign incorporated into or attached to an awning that is otherwise permitted by ordinance.

SIGN, CANOPY:	A sign that is incorporated into or attached to a canopy that is otherwise permitted by ordinance.

SIGN, CONSTRUCTION:	A temporary sign identifying the architects, contractors, developers, engineers, realtors, or any other related individuals or firms involved with a project.

SIGN, DEFUNCT:	Any sign that has fallen into disrepair or that advertises or identifies an activity, business, product or service no longer conducted on the premises where the sign is located. A sign shall be considered defunct when it has not served the purpose for which it was erected for a period of thirty (30) days or more.

SIGN, DIRECTIONAL AND INFORMATIONAL:	A sign erected for the convenience of the public, such as identifying entrances, exits, parking areas, no-parking areas, restrooms, public telephones, walkways, and similar features or facilities.

SIGN, DOWNTOWN DIRECTIONAL:	A wall, freestanding, or projecting sign, other than a business identification sign, listing the name and location of one (1) or more business establishments located on the same block face as the property on which the sign is located.

SIGN, ELECTRONIC MESSAGE BOARD:	A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means.

SIGN, FREESTANDING:	A sign anchored to the ground or supported by one (1) or more post, column, or other vertical structures or supports, and not attached to or dependent for support from any building.

SIGN, INFLATABLE:	Any object enlarged or inflated which floats, is tethered in the air, is activated by air or moving gas, or is located on the ground or on a building with or without copy or other graphic.

SIGN, MOBILE OR PORTABLE:	A term commonly used to mean any graphic not designed to be permanently or temporarily attached to a building or part thereof or to be anchored to the ground. Such graphics primarily included, but are not limited to, signs attached to wood or metal frames designed to be self-supporting and movable; paper, cardboard or canvas signs wrapped around supporting poles; hand-held signs; and signs on parked vehicles visible from the public right-of-way (except signs identifying the related business when the vehicle is being used in the normal day-to-day operation of the business).

SIGN, OFF- PREMISES:	See "Billboard."

SIGN, PROJECTING:	Any sign which is supported by an exterior wall of a building with exposed face of said sign in a plane perpendicular to the plane of the wall to which it is attached and projecting more than twelve (12) inches.

SIGN, ROOF- MOUNTED:	Any sign erected or maintained above the roof line of any building.

SIGN, TEMPORARY:	Any sign, banner, valance or advertising display, constructed of cloth, canvas, light fabric, cardboard, wallboard, or other like materials, with or without frames, not intended or designed for permanent display.

SIGN, TIME AND TEMPERATURE:	An electronic message board sign which exclusively displays current time, date, and temperature information, without any commercial messages.

SIGN, WALL:	A sign attached to or erected against any wall with the exposed face of said sign in a plane parallel to the plane of the wall to which it is attached and not projecting more than twelve (12) inches.

SIGN, WINDOW:	Any sign painted on or affixed to the interior or exterior of a window, or suspended behind a window pane (including a television or computer monitor) so as to attract the attention of persons outside the building.

SITE:	For towers other than towers in the public rights-of-way, the boundaries of the leased or owned property on which the towers are or are proposed to be situated.

SMALL CELL FACILITY:	A wireless service facility that meets both of the following qualifications: 1. Each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than six (6) cubic feet; and 2. Primary equipment enclosures are no larger than twenty-five (25) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: Electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

SMALL CELL NETWORK:	A collection of interrelated small cell facilities designed to deliver wireless service.

SMOKE:	Small gasborne particles other than water that form a visible plume in the air.

SOUND LEVEL METER:	An electronic instrument which includes a microphone, amplifier and output meter which measures sound pressure levels in a specified manner. It may be used with the octave band analyzer.

SPECIAL USE:	See definition of Use, Special.

SPECIFIED ANATOMICAL AREAS:	A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
SPECIFIED ANATOMICAL AREAS:	B. Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

SPECIFIED SEXUAL ACTIVITIES:	Any of the following:
SPECIFIED SEXUAL ACTIVITIES:	A. The fondling of another person's genitals, pubic region, anus, or female breasts;
	B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
	C. Excretory functions as part of, or in connection with, any of the activities set forth in subsections A. through B. above.

STANCHION:	A vertical support structure generally utilized to support exterior lighting elements.

STOOP:	A small platform (frequently improved with steps) projecting from the wall of a building to permit direct pedestrian access to a building or structure.

STORAGE OR STORED:	The keeping of items, equipment, vehicles, trailers or materials for a period of time longer than would be involved in the normal day to day use or consumption of the same.

STORY:	A set of rooms on one floor of a building or a horizontal divided of a building interior, not necessarily corresponding to a building's interior.

STORY, HALF:	That portion of a building under a sloping roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four and one-half feet (4½') above the floor of such story.

STREAMLINED PROCESSING:	Expedited review process for co-locations required by the federal government (Congress and/or the FCC) for PWSF.

STREET:	A right-of-way, public or private, which affords principal means of vehicular access to property abutting thereon. This does not include customary residential driveways.

STRUCTURAL ALTERATION:	Any change, other than incidental repairs, to any structure.

STRUCTURAL INTEGRITY:	For wireless communication facilities, compliance with conditions set forth in ANSI/EIA/TIA 222-G (as amended) Class II Exposure C structural/wind loading standards.

STRUCTURE:	Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, signs, conventional television or satellite antennas, and excepting customary utility poles, retaining walls and boundary fences.

SUBSTANTIAL CHANGE:	A modification or co-location constitutes a "substantial change" of an eligible support structure if it meets any of the following criteria: 1. A PWSF co-location or modification of an existing antenna-supporting structure not in a public right-of-way increases the overall height of the antenna-supporting structure, Antenna and/or antenna array more than ten percent (10%) or twenty feet (20'), whichever is greater. A PWSF co-location on an existing antenna-supporting structure within a public right-of-way increases the overall height of the antenna-supporting structure, Antenna and/or Antenna Array more than ten percent (10%) or ten feet (10'), whichever is greater. 2. A PWSF co-location for towers not in a public right-of-way protrudes from the antenna-supporting structure more than twenty feet (20') or the width of the structure at the elevation of the co-location, and for towers within a public right-of-way, protrudes from the antenna-supporting structure more than six feet (6'). 3. A PWSF co-location on an existing antenna-supporting structure fails to meet current building code requirements (including windloading). 4. A PWSF co-location adds more than four (4) additional Equipment Cabinets or one (1) additional equipment shelter. 5. A PWSF co-location requires excavation outside of existing leased or owned parcel or existing easements. 6. A PWSF co-location defeats any existing concealment elements of the antenna-supporting structure. 7. A PWSF co-location fails to comply with all conditions associated with the prior approval of the antenna-supporting structure except for modification of parameters as permitted in section 11-3-12 et seq.

SUMMERHOUSE:	A gazebo with removable or permanent enclosure panels and/or doors made of screening or glass. (See section 11-15-19 for an illustration of this structure.)

SUPPORT STRUCTURE:	Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

SWIMMING POOL OR WADING POOL:	Whether indoors or outdoors and whether above or below the surface of the ground or both, intended to contain water for swimming, having an inside wall depth at any point of more than two feet (2') or a surface area exceeding two hundred fifty (250) square feet.

TEMPORARY OR SEASONAL USE:	A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure.

TEMPORARY PWSF:	A temporary tower or other structure that provides interim short-term telecommunications needed to meet an immediate demand for service in the event of an emergency or a public event where a permanent wireless network is unavailable or insufficient to satisfy the temporary increase in demand or when permanent PWSF equipment is temporarily unavailable or offline.

TERRACE:	An unenclosed landscaped and/or hard surfaced area located above, at, or below the finished grade.

THREE-COMPONENT MEASURING SYSTEM:	A complement of instruments or seismograph which can record, simultaneously, vibration vectors in three (3) mutually perpendicular directions.

TOWER:	Any support structure built for the primary purpose of supporting any antennas and associated facilities for commercial, private, broadcast, microwave, public, public safety, licensed or unlicensed, and/or fixed or wireless services. A tower may be concealed or non-concealed. Non-concealed towers include: Guyed - A style of tower consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building. Lattice - A self-supporting tapered style of tower that consists of vertical and horizontal supports with multiple legs and cross bracing, and metal crossed strips or bars to support antennas. Monopole - A style of freestanding tower consisting of a single shaft usually composed of two (2) or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building's roof. All feed lines shall be installed within the shaft of the structure.

TOWER BASE:	The foundation, usually concrete, on which the tower and other support equipment are situated. For measurement calculations, the tower base is that point on the foundation reached by dropping a perpendicular from the geometric center of the tower.

TOWER HEIGHT:	The vertical distance measured from the grade line to the highest point of the tower, including any antenna, lighting or other equipment affixed thereto.

TOWER SITE:	The land area that contains, or will contain, a proposed tower, equipment compound, support structures and other related buildings and improvements.

TOWNHOUSE:	See definition of Dwelling, Attached.

TOXIC MATERIAL:	Any substance (liquid, solid or gaseous) which by reason of an inherent deleterious property when emitted in an amount injurious to plants, animals or human beings.

TRAILER:	A vehicle other than a mobile home or manufactured home, equipped with wheels towed behind a motor vehicle.

TRANSMISSION EQUIPMENT:	Equipment that facilitates transmission of communication service (whether commercial, private, broadcast, microwave, public, public safety, licensed or unlicensed, fixed or wireless), such as radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply.

TREES:	See section 11-10A-2 of this title for tree related definitions.

TRELLIS:	An individual flat panel framework intended for the support of climbing plants or vines, attached to a wall; open-air/unenclosed porch; or between a soffit and finished grade. A trellis may also be freestanding. (See section 11-15-19 for an illustration of this structure.)

USE, ACCESSORY:	A use incidental to and subordinate to the principal use. It shall not dominate in area, extent or purpose to the principal use, building or structure.

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

USE, PRINCIPAL:	The main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be "permitted" or "conditional".

USE, SPECIAL:	A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such "special use" may or may not be granted, subject to the procedures and terms of this title.

VARIATION:	A variation from a specific requirement in this title, as applied to a specific piece of property, as distinct from rezoning.

VETERINARY HOSPITAL:	Any building or portion thereof designed or used for the care, observation or treatment of domestic animals, excluding boarding and grooming.

VIBRATION:	The periodic measured displacement.

VIBRATION FREQUENCY:	The number of oscillations per second of a vibration.

VISIBILITY TRIANGLE:	An imaginary triangle formed by the intersection of any two (2) or more streets. The triangle on each "leg" of each corner of a street intersection (there are two (2) legs to each corner) is measured twenty (20) feet in one direction and one hundred forty (140) feet distance in the other direction from the point of intersection along the street pavement edges; the third side, its hypotenuse. The triangle extends three (3) feet vertically from the crown of the street. ^[8]

WALL:	See definition of Fence Or Wall.

WAREHOUSE:	Facilities largely devoted to storage of goods and materials. Distinguished from industrial in that no manufacturing is involved.

WATERCOURSE:	Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.

WELL:	A hole or shaft sunk into the earth to tap an underground supply of water.

WETLANDS:	Swamps or marshes, watercourses, drainage tributaries, pools or ponds in either a perennial or intermittent state.

WIRELESS COMMUNICATION FACILITIES:	At a specific physical location, one (1) or more antenna, tower, base station, mechanical and/or electronic equipment, conduit, cable, and associated structures, enclosures, assemblages, devices and supporting elements that generate or transmit nonionizing electromagnetic radiation or light operating to produce a signal used for communication, including but not limited to all types of communication facilities defined further herein.

YARD:	Any portion of a zoning lot, which is unobstructed from the ground upward, except as otherwise provided in this title.

YARD, CORNER STREET:	A street yard extending from the rear lot line to a point where the yard meets the front street yard of a principal building. (See section 11-15-3 of this title.)

YARD, FRONT STREET:	A street yard extending along the full length of the front lot line between the side or street lot lines to a point where the yard meets the horizontal planes of the foundation of the principal building facing the front lot line. (See section 11-15-3 of this title.)

YARD, PERIMETER:	A yard encompassing the perimeter of a zoning lot generally located between lot lines and the foundation lines of principal structures for the purpose of locating landscape improvements required in chapter 10 of this title. (See section 11-15-9 of this title.)

YARD, REAR:	A yard extending along the full length of the rear lot line between the side or street lot lines to a point where the yard meets the horizontal planes of the foundation of the principal building that faces the rear lot line. A corner street yard shall supersede a rear yard. (See section 11-15-3 of this title.)

YARD, SIDE:	A yard extending along the side lot line between the front street yard and rear yard to a point where the yard meets the horizontal planes of the building that faces the side lot line. (See section 11-15-3 of this title.)

YARD, STREET:	A yard extending along the full length of the street lot line between the rear or side lot lines to a point where the yard meets the horizontal planes of the foundation of the principal building that faces the street lot line. (See section 11-15-3 of this title.)

ZONING ADMINISTRATOR:	The zoning administrator of the city of Geneva. (Ord. 95-28, 5-1-1995; amd. Ord. 97-31, 6-2-1997; Ord. 97-68, 12-1-1997; Ord. 2001-05, 2-5-2001; 2003 Code; Ord. 2003-19, 3-17-2003, eff. 5-1-2003; Ord. 2004-08, 2-17-2004; Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2006-34, 5-15-2006, eff. 6-26-2006; Ord. 2007-21, 5-7-2007; Ord. No. 2009-16, § 1, 4-13-2009; Ord. No. 2010-32, § 1, 8-2-2010; Ord. No. 2010-63, § 1, 1-3-2011; Ord. No. 2011-16, § 1, 3-7-2011; Ord. No. 2011-19, § 1, 3-7-2011; Ord. No. 2011-24, § 1, 4-18-2011; Ord. No. 2011-47, § 1(Exh. B), 10-17-2011; Ord. No. 2012-38, § 1, 10-15-2012; Ord. No. 2013-21, § 1, 6-17-2013; Ord. No. 2013-38, § 1, 11-4-2013; Ord. No. 2015-15, § 3, 6-15-2015; Ord. No. 2015-29, § 1, 9-8-2015; Ord. No. 2016-42, § 1, 12-5-2016; Ord. No. 2018-27, §§ 1, 2, 8-6-2018; Ord. No. 2019-17, §§ 8, 9, 8-5-2019; Ord. No. 2019-29, § 1, 12-9-2019; Ord. No. 2020-06, § 1, 1-6-2020; Ord. No. 2020-09, § 1, 3-2-2020; Ord. No. 2022-38, § 1,2, 9-6-2022; Ord. No. 2023-22, § 1, 10-16-2023; Ord. No. 2024-47, §§ 1—3, 10-21-2024)

Footnotes:

Geneva City Zoning Code

CHAPTER 2

DEFINITIONS

SECTION:

11-2-1: - RULES OF CONSTRUCTION:

Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

The word "shall" is mandatory and not discretionary.

The word "may" is permissive.

The word "lot" shall include the words "piece", "parcel", and "plots"; the word "building" includes all other structures of every kind.

Words contained in this title and not defined hereinafter shall assume definitions as prescribed in "Webster's Unabridged Dictionary", 1993 edition. (Ord. 95-28, 5-1-1995; Ord. 95-79, 12-18-1995)

11-2-2: - DEFINITIONS OF WORDS AND TERMS:

ACCESS:	The ability to ingress and/or egress from a public roadway.

ACCESS POINT:	Any driveway or other point of egress and/or ingress such as a street, road, or highway that connects to a public roadway.

ACCESSORY BUILDING OR STRUCTURE:	A building or structure other than the principal building or structure on a zoning lot. An accessory building or structure shall be clearly subordinate in scale and shall not exceed the height of the principal building or structure on the zoning lot, or twenty five feet (25') whichever is less, as measured from top of foundation to the highest point of said building or structure.

ACCESSORY DWELLING UNIT:	A dwelling unit subordinate to and located on the same zoning lot as an existing single-family detached dwelling that provides, separate from the principal single-family dwelling, provisions for cooking, eating, sleeping, sanitation, ingress and egress.

ACCESSORY USE:	A use which is:

	A. Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this title;

	B. Incidental and subordinate to and serves a principal use established on the same zoning lot;

	C. Subordinate in area, floor area, intensity extent, and purpose to the principal building, structure or use; and

	D. Not to be established on any lot prior to the establishment of the principal building, structure or use to which it is accessory.

ADDITION:	The increasing of the cubic contents of a building or the increasing of its ground area.

ADJACENT:	Bordering, touching, contiguous or adjoining.

ADULT ARCADE:	Any place to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting "specified sexual activities" or "specified anatomical areas."

ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE:	A commercial establishment which has a significant or substantial portion of its stock-in-trade, or derives a significant or substantial potion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:
	A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas;"
	B. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.

ADULT CABARET:	A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
	A. Persons who appear nude or semi-nude; or
	B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or

	C. Films, motion pictures, video cassettes, slides, compact discs or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas."

ADULT DAYCARE CENTER:	A nonresidential facility offering supervised care, recreation or training of adults.

ADULT MOTION PICTURE THEATER:	A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

ADULT THEATER:	A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear nude or semi-nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

ADULT USE BUSINESSES:	An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, escort agency or semi-nude model studio.

AFFORDABLE HOUSING:	Residential housing that has a sales or rental amount that is within the means of an "eligible household" as defined herein. In the case of dwelling units "for sale", housing that is affordable means housing in which mortgage, amortization, taxes, insurance, and condominium or association fees, if any, constitute no more than thirty percent (30%) of the gross annual household income for a household of the size that may occupy the unit. In the case of a "rental dwelling unit", housing that is affordable means housing for which the rent and utilities constitute no more than thirty percent (30%) of the gross annual household income for a household of the size that may occupy the unit.

AFFORDABLE HOUSING AGREEMENT:	Any agreement between the City of Geneva and a developer as required by chapter 16 of this title.

AFFORDABLE UNIT:	A dwelling unit of affordable housing that satisfies the requirements of chapter 16 of this title.

AGRICULTURE:	The use of land for agricultural purposes, including farming, limited to cultivation of grain crops, horticulture, floriculture and viticulture.

AIR RIGHTS:	The ownership or control of all land, property and that area of space of and above a horizontal plane and the ground surface of land circumscribed by the boundary of the tract, lot or zoning lot.

ALCOHOLISM AND SUBSTANCE ABUSE TREATMENT CENTER:	Any facility licensed under the Illinois alcoholism and other substance act. ^[1]

ALLEY:	A public right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a street.

ALTERNATIVE STRUCTURE:	A structure that is not primarily constructed for the purpose of holding antennas but on which one (1) or more Antennas may be mounted, such as buildings, water tanks, church steeples, and electric power transmission towers.

AMATEUR RADIO TOWER:	A tower used for non-commercial amateur radio transmissions consistent with the "Complete FCC U.S. Amateur Part 97 Rules and Regulations" for amateur radio towers.

AMENITY:	A natural or manmade feature which enhances or makes more attractive or satisfying a particular property or development.

ANCILLARY STRUCTURE:	For the purposes of section 11-3-12 et seq., any form of development associated with a wireless communication facility, including foundations, concrete slabs on grade, guy anchors, generators, and transmission cable supports, but excluding equipment cabinets.

ANNEXATION:	The incorporation of a contiguous land area into an existing municipality with a resulting change in the corporate boundaries of that municipality.

ANTENNA OR ANTENNA ELEMENT:	Any apparatus designed for the transmitting and/or receiving of electromagnetic waves, including telephonic, radio or television communications. Types of elements include omni-directional (whip) antennas, sectionalized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas.

ANTENNA ARRAY:	A single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.

ANTENNA, SATELLITE DISH:	A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, corn, horn or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic frequencies.

ASR:	The antenna structure registration number required by the FCC and FAA for many, but not all towers.

ANTIQUE SHOP:	An establishment offering antiques for sale. An antique, for the purpose of this title, shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least thirty (30) years old and have collectable value.

APARTMENT:	A room or suite of rooms in a two-family or multiple-family dwelling, or in a building including a nonresidential use, intended or designed for use as a residence by a single family. See definition of Dwelling Unit.

APPURTENANCE:	The visible, functional objects accessory to and part of buildings.

ARBOR:	Covered tunnel structure with trellis side panels for the support of climbing plants or vines, may be freestanding or incorporated as part of a fence. (See section 11-15-19 for an illustration of this structure.)

ARCADE OR AMUSEMENT ARCADE:	Any establishment displaying for public patronage or keeping for operation four (4) or more amusement devices including, but not limited to, pool tables, foosball tables, air hockey tables, mechanical rides for children, electronic games and shooting gallery type games.

AREA MEDIAN INCOME (AMI):	The median income level for the Chicago Primary Metropolitan Statistical Area, as established and defined in the annual schedule published by the Secretary of the U.S. Department of Housing and Urban Development, and adjusted for household size.

ASSISTED LIVING:	A special combination of housing, supportive services, personalized assistance and health-care designed to respond to the individual needs of those who need help with activities of daily living (ADLs) and instrumental activities of daily living (IADLs). Supportive services are available twenty-four (24) hours a day to meet scheduled and unscheduled needs, in a way that promotes maximum dignity and independence for each resident and involves the resident's family, neighbors and friends. Unlike independent living facilities, congregate living facilities, shared living facilities or home healthcare programs, assisted living facilities provide some level of ongoing supervision of their residents and assume responsibility for their well being.

ATHLETIC TRAINING FACILITY:	A specialized, indoor only facility provided for the training needs and related activities of athletes. Unlike a health or fitness club, these facilities are primarily for the prearranged use of specific teams and programs, rather than for general public or "walk-in" patron usage. The use may include classrooms and meeting space, as well as specialized sports facilities, such as ball courts, gymnasiums, weight rooms, and pools. Activities may include training sessions, practices, competitive events, limited open gym use, and ancillary retail sales.

AUTOMOBILE BODY SHOP:	Any building, or portion thereof, used for the repair or straightening of a motor vehicle body or frame, or painting of motor vehicles. Maintenance, service and engine repair may be performed as an ancillary function of the bodywork.

AUTOMOBILE REPAIR SHOP:	Any building, or portion thereof, used for the repair or replacement of engines, transmissions, differentials, drive trains or any parts thereof, in addition to the replacement of parts, service and incidental repairs to motor vehicles, but not including any operations specified under the definition of Automobile Body Shop.

AUTOMOBILE SALES:	An automobile sales lot or agency which engages in the business of selling new or used vehicles.

AUTOMOBILE SERVICE STATION:	Any building or premises used for dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries or minor automobile accessories. Services offered may include the installation of tires, batteries and minor accessories, minor automobile repairs and greasing of individual automobiles.

AWNING:	A structure made of cloth, metal or other material affixed to a building in such a manner that the structure may be permanently affixed or affixed in such a manner that it may be raised or retracted to a position against the building.

BASEMENT (Including Any Subbasement):	A story having more than half of its height below the grade of the ground adjacent to the building shall be considered a basement. A story having less than half of its height below the grade of the ground adjacent to the building shall be considered floor area. For single-family residential dwellings in residential area 1, basements or portions thereof that extend above the ground adjacent to the foundation wall to a height of five feet (5') or greater as measured from the top of the finished first floor to the lowest finished grade of the ground adjacent to the building shall be included in the floor area calculation.

BASE STATION:	Equipment and non-tower supporting structure at a fixed location that enable wireless telecommunications between user equipment and a communications network. Examples include transmission equipment mounted on a rooftop, water tank, silo or other above ground structure other than a tower. The term does not encompass a tower as defined herein or any equipment associated with a tower. "Base station" includes, but is not limited to: Equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; Radio transceivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks); Any structure other than a tower that, at the time the application is filed under section 11-3-12 et seq., supports or houses equipment described in this definition that has been reviewed and approved under the applicable zoning or siting process, or under another city regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. "Base station" does not include any structure that, at the time the application is filed under section 11-3-12 et seq., does not support or house wireless communication equipment.

BED AND BREAKFAST:	An operator-occupied dwelling that provides accommodations for a charge to the public with no more than five (5) guest rooms for rent, in operation for more than ten (10) nights in a twelve-month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, inns, boarding houses, or food service establishments.

BED AND BREAKFAST GUEST ROOM:	A sleeping room intended to serve no more than two (2) transient guests per night.

BED AND BREAKFAST OPERATOR:	The owner of the bed and breakfast establishment, or the owner's agent, who is required to reside in the bed and breakfast establishment, or on contiguous property.

BERM:	An earth form which provides screening from adjoining land uses or to improve aesthetic character. ^[2]

BILLBOARD:	Any single- or double-faced sign that is permanently fixed or placed on particular premises and that is used for the display of messages or advertising not associated with the establishment located on the premises, not including downtown directional signs as set forth in subsection 11-12-6 E. and as defined herein. A billboard typically has a provision for changing the message/advertising thereon.

BLOCK FACE:	The properties abutting on one (1) side of a street and lying between the two (2) nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or city boundary.

BOARDING HOUSE:	A building or premises, or a portion thereof, in which lodging is provided for compensation to not less than three (3) nor more than twelve (12) persons, none of whom are members of the owner's or operator's family.

BREAKPOINT DESIGN TECHNOLOGY:	The engineering design of a monopole, or any applicable support structure, wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent (5%) more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.

BUILDABLE AREA:	The area of the lot remaining after the minimum open space, setback and yard requirements of this title have been complied with.

BUILDING:	Any structure built, used, designed or intended for the support, shelter, protection or enclosure of persons, animals, chattels or property of any kind, and which is permanently affixed to the land, in accordance with the Geneva building code. ^[3] When a building is divided into separate parts by unpierced fire or party walls extended continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building.

BUILDING, ATTACHED:	Any building which is permanently connected to another building, having one or more walls in common with other buildings, other than a private garage.

BUILDING, COMPLETELY ENCLOSED:	A building separated on all sides from adjacent open space and other structures by a permanent roof and exterior walls pierced only by windows and normal doors.

BUILDING, DETACHED:	A building surrounded by open space on the same lot as another separate building.

BUILDING FACADE, PRIMARY:	That portion of a building or lot that is directly adjacent to a street, alley, or parking lot and is identified by the assigned address.

BUILDING FACADE, SECONDARY:	That portion of a building that is not a primary building facade.

BUILDING HEIGHT:	The vertical measurement taken from the top of foundation of the building or average grade at the foundation line (whichever results in greater height), to the highest point, vertex or ridgeline of a roof. (See section 11-15-5 of this title.)

BUILDING HEIGHT (RESIDENTIAL AREA 1):	The vertical measurement taken from the average ground elevation at the corners of the zoning lot at the street right-of-way line, to the highest point, vertex or ridgeline of a roof on the principal building.

BUILDING HEIGHT (RESIDENTIAL AREA 2):	The vertical measurement taken from the top of foundation of the building or average grade at the foundation line (whichever results in greater height), to the highest point, vertex or ridgeline of a roof. (See section 11-15-5 of this title.)

BUILDING PERMIT:	A document issued by the building commissioner which authorizes performance of an activity which is subject to the Geneva building code.

BUILDING, PRINCIPAL:	A building permanently affixed to the land, in accordance with the Geneva building code, in which is conducted the main or principal use of the lot on which said building is situated. (See section 11-15-14 of this title.)

BUILDING, TEMPORARY:	Any building not permanently affixed to the land.

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:

	A. Height and area of buildings.

	B. Location of exterior walls in relation to lot lines, streets or 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 required for each dwelling unit.

BURNING, ACTIVE TO INTENSELY BURNING MATERIAL:	A material that has a low ignition temperature, burns with a high degree of activity and is consumed rapidly.

BURNING, FREE BURNING MATERIAL:	A material which burns actively and supports combustion.

BURNING, MODERATE BURNING MATERIAL:	A material which in itself does not support combustion and which is consumed slowly as it burns.

BUSINESS OR COMMERCE:	The engaging in the purchase, sale, barter or exchange of goods, wares or merchandise, including services; and the maintenance or operation of offices or recreational or amusement enterprises.

CALIPER:	The diameter of a tree trunk as measured six inches (6") above ground level.

CANNABIS BUSINESS ESTABLISHMENT:	A cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization, or transportation organization.

CANNABIS CRAFT GROWER, RECREATIONAL:	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.

CANNABIS CULTIVATION CENTER, MEDICAL:	A facility operated by an organization or business that is registered by the State of Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

CANNABIS CULTIVATION CENTER, RECREATIONAL:	A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport, and perform other necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act.

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

CANNABIS DISPENSING ORGANIZATION, RECREATIONAL:	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 purposed 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. A facility that only acquires and dispenses medical cannabis to registered medical cannabis patients shall be considered a Cannabis Dispensing Organization, Medical, as defined herein.

CANNABIS INFUSER ORGANIZATION, RECREATIONAL:	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.

CANNABIS PROCESSING ORGANIZATION, RECREATIONAL:	A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act.

CANNABIS TRANSPORTING ORGANIZATION, RECREATIONAL:	An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or community college licensed under the Community College Cannabis Vocation Training Pilot Program, per the Cannabis Regulation and Tax Act.

CANOPY:	A roof like structure projecting from a wall and supported in whole or in part by vertical supports from the ground, and erected primarily to provide shelter from the weather.

CAR CARE CENTER:	A building designed for light maintenance and servicing of automobiles including tuneups, oil changes, brakes, tire replacement and balancing, detailing, muffler replacement, transmission work and lubrication.

CAR WASH:	A building, or portion thereof, containing facilities for washing more than one automobile at any one time, using production line methods with a chain conveyer, blower, steam cleaning device or other mechanical devices; or providing space, water, equipment or soap for the complete or partial hand washing of such automobiles, whether by operator or by customer.

CARPORT:	An open sided, attached roofed automobile shelter formed by extension of the roof from the side of a principal building.

CEMETERY:	Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, crematorium, columbaria, chapels and mortuaries if operated in connection with and within the boundaries of such cemetery.

CERTIFICATE, OCCUPANCY:	Refers to the written approval of the zoning administrator/building commissioner certifying that the building or structure as constructed meet the minimum requirements for occupancy set forth under this code.

CERTIFICATE OF QUALIFICATION:	A certificate establishing a qualified household's eligibility to purchase or lease an affordable unit based on income eligibility as set forth in chapter 16 of this title.

CERTIFICATE, ZONING:	Refers to the written approval of the zoning administrator/building commissioner certifying that the applicant's plans and drawings comply with all applicable provisions of this title. The zoning certificate may consist of a standardized independent form bearing the signature of the zoning administrator or it may be represented as a part of the building permit application.

CHANGEABLE COPY:	A message which has a provision for being changed by manual, mechanical, or electronic means.

CHURCH:	A building primarily used for religious worship. The word "church" shall include, but is not limited to, chapel, temple, synagogue and mosque.

CLINIC OR MEDICAL OFFICE:	An establishment, containing the offices of two (2) or more licensed physicians, dentists, psychologists, analysis or social workers for the periodic counseling, examination and treatment of patients.

CLOSED CUP FLASHPOINT:	The temperature at which a liquid sample produces sufficient vapor to flash, but not ignite, when in contact with a flame in a closed cup tester.

CLUB OR LODGE, PRIVATE:	An association of persons, who are bona fide members paying dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such private club or lodge are conducted by a board of directors, executive committee or similar body chosen by the members. It shall be permissible to serve food, meals and beverages on such premises, provided health and building codes and this title are met.

CLUSTER DEVELOPMENT:	A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features. (See section 11-15-13 of this title.)

COLLECTION BIN:	A freestanding accessory structure, container, receptacle, or similar device that is used for soliciting and collecting donations of clothing, books, or other salvageable personal property. This term excludes any unattended collection bin within an enclosed building.

CO-LOCATION:	The mounting or installation of transmission equipment on an eligible support structure for the purposes of transmitting and/or receiving radio frequency signals for communications purposes so that installation of a new support structure will not be required.

COMBINED ANTENNA	An antenna or an antenna array designed and utilized to provide services for more than one (1) wireless provider, or a single wireless provider utilizing more than one (1) frequency band or spectrum, for the same or similar type of services.

COMMERCIAL USE:	An activity carried out for pecuniary gain.

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 vehicle used in a ride sharing arrangement when being used for that purpose or a recreational vehicle not being used commercially. In any event, any vehicle that is licensed for a gross weight, including vehicle and cargo, of eight thousand one (8,001) pounds or more, or any vehicle used in a commercial enterprise and containing lettering or logo on the vehicle body advertising that commercial enterprise, shall be considered a commercial vehicle.

COMMON ELEMENTS:	Land amenities, parts of buildings, central services and utilities and any other elements and facilities owned and used by all unit owners and designated in the master deed as common elements.

COMMUNITY LIVING FACILITY:	A semi-independent multiple-family senior citizen living arrangement which includes specialized centralized services for all its residents. These services may include, but are not limited to, the following: transportation, dining areas, recreation areas and limited medical facilities.

COMPREHENSIVE PLAN:	The official comprehensive plan of the city adopted by the city council in 1989 and as amended from time to time.

CONCEALED:	A tower, ancillary structure, or equipment compound that is not readily identifiable as a wireless communication facility and that is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site or in the neighborhood or area. There are two (2) types of concealed facilities: 1) Antenna attachments, including painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure and 2) A freestanding concealed tower which looks like something else that is common in the geographic region such as a church steeple, windmill, bell tower, clock tower, light standard, flagpole with a flag that is proportional in size to the height and girth of the tower, or tree that grows naturally or is commonly found in the area.

CONDOMINIUM:	An association of co-owners in which individual owners hold title exclusively in their unit and are co-owners of the common elements. The association of co-owners has responsibility for control and maintenance of common elements.

CONGREGATE LIVING FACILITY:	Housing which provides a living arrangement of self-contained units that integrate shelter, food service and other services for independent adults who do not require twenty-four (24) hour oversight. Services may include meals, laundry, transportation, housekeeping and organized activities which create opportunities for socialization.

CONSERVATION:	The protection and care which prevent destruction or deterioration of historical or otherwise significant structures, buildings or natural resources.

CONTIGUOUS:	Next to, abutting, touching, having a common boundary.

COSMETIC TATTOOING:	The practice commonly known as permanent makeup, in which micropigmentation or intradermal cosmetics are applied to semi-permanently or permanently simulate the appearance of common cosmetic applications such as eyelines, lip lines, eyebrow enhancements and beauty marks or to otherwise semi-permanently or permanently restore or improve the appearance of damaged or disfigured skin and outer bodily features to natural coloration and condition.

CULTURAL FACILITY:	A structure in which its use is devoted primarily to the appreciation of the arts.

CURB:	A stone or concrete boundary usually marking the edge of a roadway or paved area.

CURB CUT:	An opening along a curb line at which point vehicles may enter or leave a roadway.

CURB LEVEL:	The level of the established curb in front of a building measured at the center of such front. (Where no curb elevation has been established, the pavement elevation at the street centerline similarly measured, or the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the "curb level".)

DAY:	A calendar day.

DAYCARE CENTER:	Any childcare facility receiving more than eight (8) children for daytime care during part of a day. The term "daycare center" includes facilities commonly called "childcare centers", "day nurseries", "nursery schools", "kindergartens", "playgrounds" and "centers or workshops" for mentally or physically handicapped with or without stated educational purposes. The term does not include: a) kindergartens or nursery schools or other daytime programs operated by public or private elementary school systems or secondary level school units or institutions of higher learning; b) facilities operated in connection with a shopping center or service, or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises, or are in the immediate vicinity and readily available; c) any type of daycare center that is conducted on federal government premises; d) educational program or programs serving children who shall have attained the age of three (3) years and which are operated by a school which is registered with the state board of education or accredited by a recognized organization; e) part day child care facilities; and f) special activities programs, including athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations.

DAYCARE FACILITY, PART DAY CHILDCARE:	A facility for which notification has been made to the department of children and family services and which is conducted by a religious organization or social service agency in which individual children are provided care, on an intermittent basis, for up to ten (10) hours per seven (7) day week. Any facility which provides intermittent care for up to ten (10) hours per seven (7) day week shall not provide care for more than eight (8) hours on any given day during the seven (7) day week. Such a facility is exempt as a daycare home or center under this title.

DAYCARE HOME:	Any dwelling or family home which, as a home occupation, receives for care for less than twenty-four (24) hours per day, more than three (3) up to a maximum of eight (8) children. The number counted includes the family's natural or adopted children residing in the home and all other persons under the age of twelve (12). This term does not include facilities which receive only children from a single household.

DECELERATION LANE:	A speed change lane, including tapered areas, for the purpose of enabling a vehicle to slow to a safe turning speed after it has left the mainstream through lane of faster moving traffic.

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

DECK:	An unenclosed platform serving as a floor and located above the finished grade. A deck may be constructed of any material.

DEDICATION:	The gift or donation of property by its owner to another party.

DEED:	A legal document conveying ownership of real property.

DENSITY:	The number of living units per gross acre.

DENSITY, GROSS:	The numerical value obtained by dividing the area of the lot by the total number of dwelling units.

DENSITY, NET:	The numerical value obtained by dividing the total lot area by the number of dwelling units, after excluding lot area intended to be dedicated or occupied by public and private streets and other improvements, including, but not limited to, common open space areas and associated recreational facilities.

DETENTION BASIN OR POND:	A storage facility for the temporary storage of stormwater runoff.

DEVELOPER:	The legal or beneficial owner or owners of any lot or land included in a proposed development, including the holder of any option or contract to purchase or any person with beneficial interest in a land trust, or other persons having enforceable proprietary interest in such land.

DEVELOPMENT:	The division of land into two (2) or more parcels, or the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, or land excavation or grading, and any use or the extension of use of the land.

DEVELOPMENT AREA:	The area occupied by a wireless communication facility including areas inside or under an antenna-support structure's framework, equipment cabinets, ancillary structures, and/or access ways.

DIRECT ACCESS:	The ability to ingress and/or egress from a point immediately integral to the public roadway.

DISTRICT:	A portion of the corporate area of the city within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title.

DOCK OR PIER:	A manmade structural extension from the normal riparian line into a body of water, whether constructed of fill or other material.

DRIVE-IN ESTABLISHMENT:	A place of business which, through design, physical facilities, service or packaging procedures, permits customers to receive services, obtain goods or to be entertained in their motor vehicles.

DRIVE-THROUGH ESTABLISHMENT:	A place of business which, through design, physical facilities and service, customers receive products or services in their car for use or consumption off site.

DRIVEWAY:	A hard surfaced area paved with a bituminous or concrete surface, in accordance with the provision of chapter 11 of this title, on a zoning lot upon which vehicles are driven or parked, and which provides access to parking spaces or garages. Any hard surfaced area directly adjacent and parallel to a driveway shall be considered part of the driveway.

DUAL PURPOSE FACILITY:	A banner pole, light stanchion, support tower for overhead electric lines, or other similar utility structure onto which one (1) or more antenna(s) are or can be mounted or attached.

DWELLING:	A building or part of a building, containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one (1) or more families.

DWELLING, ATTACHED:	One which is joined to another dwelling at one (1) or more sides by party walls.

DWELLING, DETACHED:	One which is entirely surrounded by open space on the same zoning lot.

DWELLING, MULTIPLE-FAMILY:	A building, or portion thereof, containing four (4) or more dwelling units, excluding single-family attached dwellings.

DWELLING, SINGLE-FAMILY:	A building containing one (1) dwelling unit, which is not attached to any other dwelling unit with the exception of an accessory dwelling unit.

DWELLING, SINGLE-FAMILY ATTACHED:	A building or part of a building, containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one (1) or more families.

DWELLING, THREE-FAMILY:	A building containing three (3) dwelling units.

DWELLING, TWO-FAMILY:	A building containing two (2) dwelling units.

DWELLING UNIT (Abbreviated D.U.):	Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used, or intended to be used for living, sleeping, cooking or eating.

EASEMENT:	Land or an interest in land which has been designated by lawful agreement between the owner or owners of such land and another person or persons, for a specified use only by such person or persons. (See section 11-15-8 of this title.)

EFFICIENCY UNIT:	A dwelling unit consisting of one principal room, together with bathroom, kitchen facilities and closet space.

ELECTRIC VEHICLE:	A vehicle that can be powered by an electric motor that draws electricity from a battery and is capable of being charged from an external source.

ELECTRIC VEHICLE CHARGING STATION:	Equipment that connects to an electric vehicle to a source of electricity to recharge the battery of the electric vehicle. Electric vehicle charging stations are permitted as an accessory use in all zoning districts. If the primary use of a zoning lot is the retail charging of electric vehicle batteries, the use shall be considered the same as a parking lot or structure as a principal use for zoning purposes.

ELIGIBLE FACILITY:	Existing wireless tower or base station that has been approved through a local government land use review process prescribed for the tower or base station.

ELIGIBLE FACILITY REQUEST:	Any request for modification of an existing tower or base station involving co-location of new transmission equipment; removal of transmission equipment; or replacement of transmission equipment that does not substantially change the physical dimensions of such tower or base station.

ELIGIBLE HOUSEHOLD:	A household with an income at or below eighty percent (80%) AMI for for-sale units and at or below sixty percent (60%) AMI for rental units, based on the size of the household as set forth in chapter 16 of this title.

ELIGIBLE SUPPORT STRUCTURE:	Any tower or base station existing at the time a wireless communications facility application is filed with the city.

EQUIPMENT CABINET:	Any structure above the base flood elevation used exclusively to contain equipment necessary for the transmission or reception of communication signals.

EQUIPMENT COMPOUND:	The fenced-in area surrounding, inside or under a ground-based wireless communication facility containing ancillary structures and equipment (such as cabinets, shelters, and pedestals) necessary to operate an antenna that is above the base flood elevation.

EQUIVALENT OPACITY:	The density of light obscuration of any smoke or plume that most closely matches the smoke shade on the standard Ringelmann chart.

EQUIPMENT SHELTER:	A self-contained building housing ancillary electronic equipment typically including a generator.

ERECT:	To build, construct, attach, hang, place, suspend or affix.

ESCORT AGENCY:	A person or business association that for a fee, tip, or other consideration, furnishes, offers to furnish, or advertises to furnish, escorts as one of its primary business purposes.

ESTABLISHMENT:	An institutional, business, commercial or industrial activity that is either the sole occupant of one (1) or more buildings or occupies a portion of a building such that the activity is a logical and separate entity from the other activities within the building and not a department of the whole. An establishment occupying a portion of a building shall either have a separate entrance from the exterior of the building or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.

ESTABLISHMENT, BUSINESS:	A place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.

EXISTING:	A constructed tower or base station is "existing" for purposes of section 11-2-2 et seq. if it has been reviewed and approved under an applicable city land use review process. "Existing" also includes a tower that was lawfully constructed but not reviewed because it was not in a zoned area when it was built.

EXTERIOR BUILDING COMPONENT:	An essential and visible part of the exterior of the building.


FAMILY:	A person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:

	1) Any number of people related by blood, marriage, adoption, guardianship, or duly-authorized custodial relationship, together with domestic servants and not more than two (2) gratuitous guests;

	2) No more than two (2) people who are not necessarily related to each other by blood, and their dependents, together with domestic servants and not more than two (2) gratuitous guests;

	3) Three (3) or fewer people not related by blood, adoption, guardianship, or duly-authorized custodial relationship. Servants or guests residing with said family shall be included in the unrelated person attainted by this definition, and shall not be in addition thereto.

	4) Not more than eight (8) people who are: (a) residents of a "group home" as defined in this title; or (b) "handicapped" as defined in the Fair Housing Act.

	"Family" does not include any society, club, fraternity, sorority, association, lodge combine, federation, coterie, or like organization; any group of individuals whose association is temporary or seasonal in nature; any group of individuals who are in a group living arrangement as a result of criminal offenses; or any group of persons currently illegally using or addicted to a "controlled substance".

FEED LINES:	Cables or fiber optic lines used as the interconnecting media between the base station and the antenna.

FENCE OR WALL:	A structure which is used as a boundary or a means of protection or confinement or for decorative purposes and which is made of manufactured material.

FENCE, OPEN:	A fence, including gates, which has, for each one (1) foot wide segment extending over the entire length and height of the fence, at least thirty percent (30%) of the surface area in open spaces which afford direct views through the fence. (See section 11-15-21 of this title.)

FLAMMABLE OR EXPLOSIVE MATERIAL:	A material which produces flammable or explosive gases or vapors under ordinary temperature conditions including liquids with a closed cup flash point of less than one hundred five degrees Fahrenheit (105;deg;F).

FLOOD:	The condition existing when the waters of any watercourse, pond, or depressions temporarily rise to a height above their normal levels and overflow the boundaries within which they are ordinarily contained. It also includes the unusual rapid accumulation or runoff of surface waters.

FLOOR AREA (For Determining Floor Area Ratio):	The sum of the gross horizontal area of the several floors of a building measured from the exterior walls or from the centerline of walls separating two (2) buildings. The "floor area" of a building shall include elevator shafts, and stairwells on each floor, floor space used for mechanical equipment (except equipment, open or enclosed located on the roof), penthouses, attic space having headroom of seven feet (7') or more, interior balconies and mezzanines, enclosed porches and floor area devoted to accessory uses. However, any space devoted to off street parking or loading shall not be included in "floor area".

	The "floor area" of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be determined on the basis of height in feet; i.e., ten feet (10') in height shall equal one floor.

FLOOR AREA (For Determining Maximum Floor Area For Residential Uses In Residential Area 1, the D-SFMR and D-SFHR Districts):	The objective of this standard is to regulate the exterior mass of a building by calculating its floor area. Subsections A through D of this definition are all components of a building's calculated floor area. Maximum floor area for residential uses in residential area 1 is the sum of the following:

	A. The area of the horizontal plane through the building at the finished first floor elevation measured from the exterior of the building.

	B. The area of the horizontal plane through the building at a point twenty feet (20') above the finished first floor elevation measured from the exterior of the building.

	C. The area of the horizontal plane through the building at a point twenty-eight feet (28') above the finished first floor elevation measured from the exterior of the building.

	D. The following areas of the building shall also be added in the calculation of maximum floor area:

	1. Attached or detached garages or carports shall be determined by calculating the area of the garage or carport from the exterior walls. However, four hundred eighty-four (484) square feet of garage area on lots or parcels of land less than ten thousand (10,000) square feet in area and seven hundred twenty-six (726) square feet of garage floor area on lots or parcels of land ten thousand (10,000) square feet in area or greater shall be subtracted from the calculated total floor area.

	2. Open or enclosed porches of any kind, covered patios, porticos, sunrooms, three-season rooms, second story porches, sleeping porches or verandas shall be determined by calculating the area of the porch measured from the exterior walls or support elements. However, up to three hundred (300) square feet of floor area of a one-story, traditional open front porch with nothing above it except a roof that provides direct access to the front door of the dwelling shall be subtracted from the calculated total floor area.

	3. Basements or portions thereof that extend above the ground adjacent to the foundation wall of the building to a height of five feet (5') or greater as measured from the top of the finished first floor to the lowest finished grade of the ground adjacent to the building calculated by the following formula:

	[Total square footage of basement]

	Multiplied by [linear footage of the perimeter of exposed foundation wall (five feet (5') or greater)]

	Divided by [linear footage of the perimeter of entire basement]

	Equals the amount of basement floor area to be included in the calculated total floor area

	Provided however, that for houses that contain exposed foundation walls greater than five feet (5') in height on lots or parcels of land where the elevation of a zoning lot line is at least six feet (6') higher than the elevation of the opposite and approximately parallel zoning lot line, up to two hundred (200) square feet of basement floor area shall be subtracted from the calculated total floor area.

	4. Breezeways and any other roof or roof like projections from a dwelling; excluding roof eaves which are twenty-four inches (24") wide or less.

	5. Porte-cocheres shall be determined by calculating the area of the porte-cochere measured from the exterior walls or support elements. However, up to two hundred fifty (250) square feet of area beneath a porte-cochere that is less than twenty-five feet (25') in height shall be subtracted from the calculated total floor area.

	6. Each accessory building or structure on a zoning lot that is larger than two hundred (200) square feet in size than is covered by a roof as follows: The area of the horizontal plane through the building at the finished first floor elevation measured from the exterior of the building plus the area of the horizontal plane through the building at a point eighteen feet (18') above the finished first floor elevation measured from the exterior of the building.

FLOOR AREA (For Determining Off Street Parking And Loading Requirements):	The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks or closets, and any floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices.

	However, "floor area" for the purposes of measurement for off street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off street parking or loading facilities, including aisles, ramps, and maneuvering space; or mechanical or storage floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

FLOOR AREA RATIO (FAR):	The floor area of the building or buildings on a zoning lot divided by the area of such zoning lot, or, in the case of planned developments, by the net site area. The "floor area ratio" requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot. (See section 11-15-2 of this title.)

FLUSH-MOUNTED:	Antenna or antenna array attached to the face of a support structure or building such that no portion of the antenna(s) extend(s) above the height of the support structure or building. The maximum flush-mounting distance, if prescribed, shall be measured from the outside edge of the support structure or building to the inside edge of the antenna.

FOOT-CANDLE:	A unit of illumination equal to the light flux which falls on a one square foot area one foot (1') distant from a light source of one candlepower.

FREQUENCY:	Signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

FRONTAGE:	The length of all the property fronting on one side of a street between the two (2) nearest intersecting streets, measured along the line of the street, or if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street. The frontage of a lot is the shortest line abutting a street.

FRONTAGE (For Determining Allowable Sign Area):	The linear extent of a building or tenant space, measured at grade, which faces a public street or alley.

FRONTAGE ROAD:	A public or private street, closely paralleling a larger public street, which provides the primary means of access across from adjacent property to the larger street.

FRONTAGE, ZONING LOT:	The length of all the property of such zoning lot fronting on a street, measured between side lot lines.

FULL MEDIAN OPENING:	An access through a median that provides for both left turn ingress and egress. ^[4]

GARAGE, DETACHED:	A garage that is not attached to the principal structure.

GARAGE, PRIVATE:	An accessory building for the purposes of housing motor driven passenger vehicles for the private use of one owner or family.

GARAGE, PUBLIC:	Any building, except a private or storage garage, used for equipping, repairing, hiring, selling or storing motor driven vehicles, but not including areas used exclusively for exhibition or show room purposes.

GARAGE, REAR LOADED ATTACHED:	A garage that is attached to the principal structure and has the vehicle doors facing one hundred eighty (180) degrees away from both the front door of the house and the front yard of the property.

GARAGE SALE:	All general sales, open to the public, conducted from or on property in a residential zoning district upon which a dwelling is located, for the purpose of selling personal property, including but not limited to all sales entitled "garage", "lawn", "yard", "backyard", "estate", "attic", "patio", "porch", or "rummage" sale.

GARAGE, SIDE LOADED ATTACHED:	A garage that is attached to the principal structure and has the vehicle doors facing at least ninety (90) degrees away from both the front door of the house and the front yard of the property.

GARAGE, STORAGE:	Any building used for housing only of motor driven vehicles, pursuant to previous arrangements and not to transients, and at which automotive fuels and oils are not dispensed and motor driven vehicles are not equipped, repaired, hired or sold.

GARAGE, TANDEM ATTACHED:	A garage that is attached to the principal structure and that provides for two (2) or more parking spaces, one behind the other.

GASOLINE FUEL STATION:	An automobile service station that may or may not contain a minimarket.

GAZEBO:	An open-air structure with a solid roof supported on posts or columns. (See section 11-15-19 for an illustration of this structure.)

GEOGRAPHIC SEARCH AREA:	An area designated by a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless engineering.

GOLF COURSE:	A public, semipublic or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereof, and consisting of at least thirty (30) acres for each nine (9) hole course.

GRADE, EXISTING:	The average or mean elevation of a parcel, lot or tract of land prior to commitment of development activity.

GRADE, FINISHED:	A reference plane representing the average of the 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 points 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 six feet (6') from the building.

GRAPHIC ELEMENT:	A letter, illustration, symbol, figure, insignia or other device employed to express and illustrate a message or part thereof.

GROUP HOME:	A residential building which provides housing and services for persons with disabilities, including professional staff either living with the residents on a twenty-four (24) hour basis, or present whenever residents are present at the dwelling, and occupied on a relatively permanent basis in a family like environment. The group home may house individuals who are undergoing treatment or rehabilitation for such disabilities and constitutes a single housekeeping unit in which residents may share responsibilities, meals and recreation. A group home shall comply with the zoning regulations for the district in which the site is located.

HARDSCAPE AREA (PRIVATE RESIDENTIAL):	Any strip or section of concrete, pavers, asphalt, or stones not otherwise defined as service walk.

HEALTH OR FITNESS CLUB:	An indoor facility designed for the principal purpose of physical fitness or weight reduction which may include, but is not limited to, such equipment as weight resistance machines, running and jogging, game courts, swimming facilities, saunas, showers, and lockers. Instruction programs, aerobic classes, and weight control programs may be offered.

HELIPORT:	Any portion of an area used or intended to be used for the landing and taking up of helicopters which, in addition, includes any passenger facilities and cargo facilities maintenance and overhaul, fueling, service, storage, tie down areas, hangars and similar facilities.

HISTORIC DISTRICT:	A delineated geographical area of the city designated by the city council for preservation.

HISTORIC PRESERVATION COMMISSION:	A seven-member board appointed by the mayor and city council which is responsible for reviewing permit applications for exterior improvements to landmark properties or properties within the historic district.

HOME OCCUPATION:	A gainful occupation or profession carried on by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes. Only members of the family occupying the premises shall engage in the home occupation and, except as authorized by special use permit, the home occupation shall be carried on wholly within the principal building. No article shall be sold or offered for sale on the premises and no mechanical or electrical equipment shall be installed or maintained other than is customarily incidental to domestic use. There shall be no exterior display, exterior sign, no exterior storage of materials, no other exterior indication of the home occupation or variation from the residential character of the principal building or any accessory building, and no offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced, nor shall such home occupation create a parking or traffic problem. No more than one vehicle associated with the home occupation shall be permitted on the premises. Home occupations shall be allowed as an accessory use within the principal building or as a special use within an accessory building and only in residential zoning districts.

HOSPITAL:	A medical institution devoted primarily to the maintenance and operation of facilities for the medical diagnosis and treatment of two (2) or more unrelated persons admitted for overnight stay, as is further defined by the Illinois hospital licensing act. ^[5]

HOT TUB:	A recreational bathing facility which is intended to utilize heated water for the comfort or therapeutic benefits of its occupants.

HOTEL:	An establishment which is open to transient guests, in contradistinction to a boarding, rooming or lodging house, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy service.

HOUSING PROVIDER:	An entity approved by the City of Geneva to develop, manage or own affordable units.

IMPERVIOUS SURFACE:	Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. Impervious surfaces shall include gravel or stone driveways and parking areas.

IMPROVEMENT:	Any manmade, immovable item which becomes part of, placed upon, or is affixed to, real estate.

INCLUSIONARY HOUSING PLAN:	A plan submitted as part of development application that details a development's compliance with the affordable housing requirements of chapter 16 of this title.
INCOMPATIBLE USE:	A use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous or discordant.

INDUSTRIAL:	All inclusive categories of light industry, industrial parks and manufacturing.

INDUSTRIAL PARK OR BUSINESS PARK:	A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations or government organizations.

INN:	An operator-occupied dwelling providing accommodations for a charge to the pubic with up to ten (10) guest rooms to rent with or without restaurant or banquet areas. Breakfast and other meals may be provided to guests and other patrons in common, restaurant or banquet areas.

KENNEL:	Any premises or portion thereof on which four (4) or more dogs, cats or other household domestic animals over four (4) months of age are kept, or on which more than two (2) such animals are maintained, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale. Dog runs shall either be enclosed or located or situated to the rear of the principal structure.

LABORATORY:	A place devoted to experimental study such as testing and analyzing. Manufacturing of product or products is not to be permitted within this definition.

LAND USE:	A description of how land is occupied or utilized.

LANDMARK:	An individual property or structure designated by the city council for preservation.

LANDSCAPE MATERIAL:	Includes such living materials as trees, shrubs, ground cover, vines, turf grasses, and nonliving materials such as rocks, pebbles, sand, bark, brick pavers, earthen mounds (excluding pavement), and other items of a decorative or embellishment nature such as fountains, pools, walls, fencing, sculpture, etc.

LANDSCAPE PLAN:	The graphical depiction of the location and arrangement of existing and proposed plant material and land forms on a zoning lot in conformance with the requirements of this title. ^[6]

LANDSCAPED OPEN SPACE:	That part of the gross land area in open space which is free of streets, structures or parking areas and provided to improve the drainage, microclimate and aesthetics of the site. Such areas are usually landscaped and appropriately located to achieve maximum effect and appeal. Typically, such space includes lawn areas, shrubs and trees, walkways, paved terraces, sitting areas, courts or plazas and outdoor recreational areas. Unpaved land areas within private or public street rights-of-way are not counted as landscaped open space unless they are in excess of minimum right-of-way standards.

LANDSCAPING:	The bringing of the soil surface to a smooth finished grade and installation of sufficient trees, shrubs, ground cover and grass to soften building lines, provide shade and generally produce a pleasing visual effect of the premises.

LIFE CARE FACILITY:	An organization serving three (3) or more persons who are not related by blood or marriage to the operator, which undertakes through its ownership or management to provide housing and related services for its residents. This includes residents that are fully ambulatory as well as those which require some level of care, including assisted care or nursing by reason of illness or physical infirmity, or are unable properly to care for themselves. It also requires the facility be licensed and staffed for skilled care, contain common kitchen and dining facilities, have on premises physical therapy and provide on premises personal services. The term does not include the following:

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

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

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

	D. Any child welfare agency or maternity hospital;

	E. Senior citizen housing.

LIFE CARE FACILITY, SENIOR CITIZEN:	A dependent senior citizen multiple-family living arrangement providing dwelling units with common dining, recreation and medical and nursing care facilities. A life care facility must: a) be licensed and staffed for skilled care; b) contain common kitchen and dining facilities; c) have call button or similar monitoring systems; d) have on-premises physical therapy; and e) have on premises personal services, library, social, occupational and educational services and transportation.

LIFE CARE RETIREMENT FACILITY, SENIOR CITIZEN:	A dependent senior citizen multiple-family living arrangement which meets all the requirements for a life care facility except that a portion of its residents are fully ambulatory and live in a condominium/cooperative arrangement.

LOADING BERTH:	The space planned for or used by a vehicle being loaded or unloaded.

LOT:	A parcel of land occupied or to be occupied by one (1) main building, or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under these regulations, and having its principal frontage upon a street, public or private. A lot as used herein may consist of one (1) or more platted lots, or tract or tracts as conveyed, or parts thereof. (See section 11-15-15 of this title.)

LOT, CORNER:	A lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least frontage dimension, unless otherwise specified by the building commissioner, except that a lot as herein defined, when made up of more than one (1) platted lot, shall be deemed to front on the street upon which said platted lots front. (See section 11-15-16 of this title.)

LOT COVERAGE:	That area or portion of a lot occupied by all buildings, structures and other impervious surfaces.

LOT DEPTH:	The mean horizontal distance from the front street line to the rear line.

LOT LINE, FRONT:	A street lot line. Front lot lines shall be subject to the following (see section 11-15-16 of this title):

	A. Interior Lot: For an interior lot, the front lot line shall be the street lot line.

	B. Corner Lot: For a corner lot, the front lot line shall be the shortest of the two (2) street lot lines, or where such lot lines are equal, either street lot line may be designated as the front lot line, as may be approved by the zoning administrator.

	C. Through Lot: For a through lot, the front lot line shall be that street lot line which has been designated as the front lot line by the majority of other zoning lots with the same block frontage, the front lot line shall be that street lot line as specified within any covenants or restrictions on the applicable recorded plat of subdivision, or the front lot line shall be that street lot line as designated by the zoning administrator.

LOT LINE, REAR:	That lot line which is most distant from and is approximately parallel to the front lot line. (See section 11-15-3 of this title.)

LOT LINE, SIDE:	Any lot line that is not a street lot line or a rear lot line. (See section 11-15-3 of this title.)

LOT LINE, STREET:	Any lot line which adjoins an individual public street right-of-way or private street.

LOT LINES:	The lines bounding a lot as defined herein. (See section 11-15-3 of this title.)

LOT OF RECORD:	Land which is separately designated as a lot on a plat of subdivision duly recorded in the office of the recorder of deeds of Kane County; or a parcel of land, the deed to which is recorded in the office of said recorder, showing title as a separate entity, and which is assessed as a separate entity for tax purposes.

LOT, THROUGH:	A zoning lot which has two (2) substantially parallel street lot lines which do not intersect, and which is not a corner lot. The yard designated as the rear yard shall be utilized as such, except that the area of the rear yard that is located between the required setback from the street lot line shall remain clear of obstructions. Fences shall not be considered an obstruction and may be permitted as provided for in section 11-3-5 (Fences and Walls). (See section 11-15-16 of this title for an illustration of a through lot.)

LOT, ZONING:	A single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer and legally described as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a zoning lot or lots may or may not coincide with a lot of record. (See section 11-15-15 of this title.)

LUMBERYARD:	A business primarily engaged in the retail or wholesale sale of wood products and building materials.

MALL:	A shopping center where stores front on both sides of a pedestrianway which may be either enclosed or open.

MARKET RATE UNIT:	All dwelling units in a residential development that are not affordable units as defined herein.

MARQUEE:	A roof like structure of a permanent nature which projects from the wall of a building.

MEDIAN:	A raised portion of a street separating the opposing traffic flows.

MEDICAL OFFICE:	See definition of Clinic Or Medical Office.

MESSAGE:	A communication of identification or advertising information visually perceived. Said communication consists of words, abbreviations, numbers, symbols, pictures, geometric shapes, etc.

MEZZANINE:	An intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.

MICRON:	A unit of length equal to one thousandth ( 1/1000 ) of a millimeter.

MINIWAREHOUSE:	See definition of Self-Service Storage Facility.

MOTOR FREIGHT TERMINAL:	A building or area in which freight, shipped by motor truck or railroad, is received, assembled, sorted, and/or rerouted for local, intrastate or interstate shipment by motor truck.

MOTOR VEHICLE:	Any passenger vehicle, truck, truck trailer, trailer or semi-trailer propelled or drawn by mechanical power.

NET SITE AREA:	The land area of a lot or tract remaining after subtraction of all public street and alley rights-of-way.

NOISE ATTENUATION BARRIER:	The creation and placement of a physical barrier, made out of natural vegetation, earth, wood, concrete or other materials, in any combination, for the purpose of reducing or minimizing the level of audible noise from its point of origin on one side of the barrier to the other.

NON-CONCEALED:	A telecommunication facility that is readily identifiable as such (whether freestanding or attached).

NONCONFORMING BUILDING OR STRUCTURE:	Any building or structure, lawful at the time of enactment of this title, which:

	A. Does not comply with all of the regulations of this title or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or

	B. Is designed or intended for a nonconforming use.

NONCONFORMING USE:	Any use of land, buildings, or structures, lawful at the time of the enactment of this title, which does not comply with all of the regulations of this title or of any amendment hereto governing use of the zoning district in which such use is located.

NOXIOUS MATTER:	Matter which is capable of causing injury or illness to living organisms, or is capable of causing detrimental effects to the health or the psychological, social or economic well being of humans.

NURSERY SCHOOL:	See definition of Daycare Center.

NURSING HOME:	An extended or intermediate care facility licensed by the state of Illinois to provide full time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

OBSTRUCTION:	Any building or structure, or part thereof, which is located so as to intrude upon any open space required by this code. Trees or shrubs shall not be considered as obstruction, except as may be regulated herein.

OCTAVE BAND:	A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

ODOROUS MATTER:	Any matter or material that yields an odor which is offensive in any way.

OFF-STREET PARKING SPACE:	An off-street paved and curbed area used for the temporary storage of one automobile or other motor vehicle with direct access to a dedicated roadway right-of-way.

OFFICE:	An administrative unit of a business enterprise or organization, including, but not limited to, offices of accountants, financial brokers, insurance agents, architects, engineers, planners, dentists, physicians, osteopaths, chiropractors, optometrists, lawyers, real estate and title companies.

OPEN SPACE:	Open space which is reserved for the use of all residents of a residential development. This includes parks and could include space dedicated to the city.

OPEN SPACE, USABLE:	Land which is free of buildings, structures and other substantial improvements. The following examples are listed by way of illustration to indicate what may be counted as usable open space within this definition: a) outdoor swimming pools, swimming pool areas, hard surface recreational areas and other recreational areas, provided these areas are unenclosed except for fences, canopies, bathhouses, or other minor structures; b) enclosed open space areas in shopping malls, including walkways. The following examples are listed by way of illustration to indicate what may not be counted as usable open space within this definition: a) roofs; b) open parking areas; c) parking structures; and d) road rights-of-way.

OUTDOOR SEATING AREA:	An at- or below-grade surface area used for seated dining for a restaurant or by the public for passive recreational activities and relaxation. Such areas typically provide amenities such as tables and chairs, seating, drinking and ornamental foundations, public art, trees, and/or landscaping. An outdoor seating area shall not be a deck.

OUTDOOR STORAGE:	The keeping in an unroofed area of any goods, material, merchandise or vehicles in the same place for more than twenty four (24) hours.

OVERLAY DISTRICT:	A district which acts in conjunction with the underlying zoning district or districts.

OTARD:	Over the air reception devices which are limited to either a "dish" antenna one meter (39.37 inches) or less in diameter designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, or an antenna that is one meter or less in diameter and is designed to receive video programming services via broadband radio service (wireless cable), or to receive or transmit fixed wireless signals other than via satellite or an antenna that is designed to receive local television broadcast signals.

PARK:	A tract of land used for public or private, but noncommercial recreational, purposes or open space purposes. Such land may contain improvements and facilities for indoor and outdoor activities, including, but not limited to, active and passive recreational activities.

PARK, LINEAR:	A strip of land or ground not to exceed one hundred (100) yards in width, either standing along or being separated from any other public or private park or school property or land, which is devoted to and specifically used for recreation travel, including, but not limited to, bicycling, running, jogging, walking, hiking or cross-country skiing. ^[7]

PARKING LOT:	An unenclosed off street paved area, containing four (4) or more parking spaces and associated aisles, used for the temporary storage of automobiles or other motor vehicles with direct access to a dedicated roadway right-of-way.

PARKING SPACE:	An enclosed or unenclosed surfaced area permanently reserved for the temporary storage of one automobile and appropriately connected with a street or alley by a surfaced driveway affording adequate ingress and egress.

PARKING STRUCTURE:	A structure for the parking of private motor vehicles either above or below ground, or an unenclosed but screened parking area on top of a structure.

PARKWAY:	That portion of a public street right-of-way on either side of an improved public street lying between the back-of-curb or the edge of pavement and the closest edge of sidewalk pavement or the right-of-way line.

PARKWAY TREE:	Any tree which when mature has a trunk diameter of four inches (4") or more (measured 6 inches above grade) and is planted within or adjacent to a public right-of-way for a street.

PARTIAL MEDIAN OPENING:	An access through a median that provides left turn ingress and egress maneuvers, but not both.

PARTICULATE MATTER:	Dust, smoke, or any other form of airborne pollution in the form of minute separate particles.

PATIO:	An unenclosed surface area located at the finished grade, usually constructed of concrete or masonry materials.

PAWNSHOPS:	An establishment that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.

PENTHOUSE:	A roofed structure located on the roof of a building. Penthouses used solely to enclose mechanical equipment shall not be included in calculating floor area ratio. Penthouses used solely or in part for living, working or recreational use shall, however, be included in calculating floor area ratio.

PERFORMANCE STANDARD:	A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in the uses of land or buildings.

PERGOLA:	A parallel colonnade consisting of posts, pillars, or columns supporting an open roof structure, composed of girders and cross rafters that may support climbing plants or vines. (See section 11-15-19 for an illustration of this structure.)

PERMANENTLY AFFIXED:	Refers to buildings, structures, appurtenances or improvements designed and installed in a manner not intended to be moved or removed.

PERSONAL WIRELESS SERVICE FACILITIES:	Any staffed or unstaffed location for the transmission and/or reception of radio frequency signals or other personal wireless communications, including commercial mobile services, unlicensed wireless services, wireless broadband services, and common carrier wireless exchange access services as defined in the Telecommunications Act of 1996, and usually consisting of an antenna or group of antennas, transmission cables, feed lines, equipment cabinets or shelters, and may include a tower. Facilities may include new, replacement, or existing towers, replacement towers, co-location on existing towers, base station attached concealed and non-concealed antenna, dual purpose facilities, concealed towers, and non-concealed towers (monopoles, lattice and guyed), so long as those facilities are used in the provision of personal wireless services as that term is defined in the Telecommunications Act.

PLAN, CONCEPTUAL:	A plan that sets forth the basic concepts for development of a tract of land. This plan can be of a general nature or outline and need not propose definite locations of buildings, facilities and uses.

PLAN, FINAL:	A plan showing the definite proposed location of buildings, facilities, landscaping and uses upon a tract of land. This plan is usually the one for actual development of the land and, if approved by the city, is binding upon the land.

PLAN, PRELIMINARY:	A plan showing the tentative arrangement of buildings, facilities, landscaping and uses upon a tract of land.

PLAN, SITE:	A plan prepared to scale, showing accurately and with complete dimensioning, a development or use proposal containing all mapping elements required in this title.

PLANNED UNIT DEVELOPMENT:	A parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located; the developer or developers may be granted relief from specific land use regulations and design standards and may be awarded certain premiums in return for assurances of any overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole.

POND:	See definition of Detention Basin Or Pond or Retention Basin Or Pond.

PORCH, ENCLOSED:	A platform projecting from or attached to a wall of a building: a) with direct access to a building, b) which is covered by a roof or roof like structure, c) that may be heated or cooled, d) that is enclosed by: 1) walls, 2) permanent or removable windows or screens, or 3) any combination or similar material thereof. Enclosed porches are sometimes also referred to as screened in porches or three-season rooms.

PORCH, OPEN:	A platform projecting from or attached to a wall of a building: a) with direct access to a building, b) which is covered by a roof or roof like structure, c) that is not heated or cooled, d) that is open to the outside air and e) that is not enclosed by: 1) walls, 2) permanent or removable windows or screens, or 3) any combination or similar material thereof. Open porches may be partially enclosed by railing(s) or knee walls not to exceed forty-two inches (42") in height as measured from the porch floor and may include columns for the purpose of supporting the roof or roof like structure.

PRODUCTION BREWING:	A facility for the production and packaging of malt beverages for retail and/or wholesale distribution. The facility may include a restaurant or tavern where the beverages produced on site are sold directly to patrons, either for consumption on site or in hand-capped, sealed containers in quantities up to one-half (½) barrel.

PROPERTY LINES:	The lines bounding a zoning lot, as defined herein.

PROPERTY OWNER:	Any person, group of persons, firm or firms, corporation or corporations, or any other entity having a proprietary interest in the property.

PUBLIC HEARING:	A meeting announced and advertised in advance which is open to the public, with the public given an opportunity to speak and participate.

PUBLIC NOTICE:	An advertisement of a public hearing in a newspaper of general circulation in the area, or through other media sources, indicating the date, time, place and nature of the public hearing.

PUBLIC UTILITY:	A service and its related facilities which ostensibly provides for the benefit of the general public utility services including, but not limited to, water, sanitary sewer, storm sewers, electrical, telephone, natural gas and related utilities.

QUALIFIED CO-LOCATION REQUEST:	Co-location of PWSF on a tower or base station that creates a substantial change in the facility but is entitled to processing within ninety (90) days under 47 U.S.C. §332(c)(7).

RADIO FREQUENCY EMISSIONS	Any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment.

RADIO FREQUENCY PROPAGATION ANALYSIS:	Computer modeling to show the level of signal saturation in a given geographical area.

RADIUS RETURN:	The point of tangency where the end of the circular curve of the driveway or street becomes linear.

RECREATIONAL VEHICLE:	Any camping trailer, motor home, mini-motor home, travel trailer, truck camper or van camper and any towed recreational equipment, including the trailers for same such as boats, snow-mobiles and motorcycles used privately for recreational purposes and not used commercially. Recreational vehicle more specifically includes:

	A. Camper Trailer (Popup): A recreational 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 are of a size or weight not requiring an over dimension permit when towed on a highway.

	B. House Trailer (Mobile Home): A recreational trailer or semitrailer equipped and used for living quarters for human habitation (temporarily or permanently) rather than for the transportation of freight, goods, wares and merchandise.

	C. Motor Home, Mini-Motor Home Or Van Camper: Any 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.

	D. Travel Trailer: A recreational 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.

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

REPLACEMENT:	A modification of an existing tower to increase the height, or to improve its integrity, by replacing or removing one (1) or several tower(s) located in proximity to a proposed new tower in order to encourage compliance with section 11-3-12, or improve aesthetics or functionality of the overall wireless network.

RESERVOIR PARKING:	Those off street parking spaces allocated to automobiles awaiting entrance to a particular establishment.

RESIDENTIAL AREA 1:	A delineated geographic area of the city of Geneva containing subdivisions that were recorded prior to January 1, 1989, and areas that are not located within planned unit developments duly authorized by city council ordinance.

RESIDENTIAL AREA 2:	A delineated geographic area of the city of Geneva containing subdivisions that were recorded on or after January 1, 1989, and areas that are located within planned unit developments duly authorized by city council ordinance.

RESTAURANT:	An establishment wherein food is prepared and served in ready to eat form to the public for human consumption. "Restaurant" includes cafe, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steakhouse.

	In the event a restaurant applies for the issuance of a liquor license pursuant to local and state laws, a restaurant shall be further defined to meet the requirements of section 4-2-6, class B-1 liquor license of this code, except that land located in the B2 business district may meet the requirements of section 4-2-6, class A liquor license, of this code. Permanent or temporary outdoor restaurant seating is permitted, subject to the requirements of this title and this code. Off street parking for temporary or permanent outdoor seating areas shall be calculated based upon the parking requirements for the specific type of restaurant, as defined herein.

	For purpose of this title, the following types of restaurants are defined:

	Carryout Restaurant: A restaurant which provides no table or seating or food bar although food is prepared and purchased on site and consumed off premises.

	Carryout/Sit-Down/Drive-Through Restaurant: A sit-down/carryout restaurant which also maintains drive-through facilities for the purchase and consumption of food off premises.

	Drive-In Restaurant: A restaurant where food is served to patrons in parked motor vehicles. Food is consumed either on or off premises.

	Drive-Through Only: A restaurant which does not provide any tables, seating or service areas on the zoning lot and provides retail food exclusively through the use of a drive-through facility.

	Sit-Down/Carryout Restaurant: A restaurant which prepares food which may be consumed on or off premises.

	Sit-Down Restaurant: A restaurant where meals are prepared and served and consumed on premises.

RETENTION BASIN OR POND:	A storage facility for permanent storage of water, often storm water runoff.

ROOF LINE:	The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette on the side of the building.

SANITARIUM:	A publicly operated institution established for the long term treatment of the chronically ill.

SATELLITE EARTH STATION:	A single or group of parabolic or dish antennas mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration, including the associated separate equipment cabinets necessary for the transmission or reception of wireless communications signals with satellites.

SCHOOL:	Any building or portion thereof, which offers educational instruction in any branch of knowledge or study.

SEASONAL OR TEMPORARY USE:	See definition of Temporary Or Seasonal Use.

SECONDHAND SHOP:	An establishment primarily engaged in the retail sale of used merchandise such as, but not limited to, clothing, household goods, furniture, appliances, books, videos, or records. This classification does not include antique shops, pawnshops, or the sale of secondhand motor vehicles or vehicle parts.

SECRETARY OF THE INTERIOR'S STANDARDS:	Adopted in 1995 as the guide for review of permit applications by the historic preservation commission, the SOI Standards are used to assist in the long-term preservation of a property's significance through preservation. Developed and maintained by the National Park Service the standards are used by federal, state, and local agencies responsible for historic preservation.

SELF-SERVICE STORAGE FACILITY:	A structure containing a number of small, separate storage areas of varying size leased or rented on an individual basis.

SEMI-NUDE MODEL STUDIO:	A commercial establishment which regularly features a person (or persons) who appears semi-nude and is provided to be observed, sketched, drawn, painted, sculptured, or photographed by other persons who pay money or any form of consideration, but shall not include a proprietary school licensed by the State of Illinois or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

SENIOR CITIZEN:	Any person sixty-two (62) years of age or older.

SENIOR CITIZEN APARTMENTS:	A multiple-family housing development where at least one occupant of each dwelling unit must be a senior citizen.

SENIOR CITIZEN HOUSING:	An apartment building designed for and intended to be used exclusively for housing for persons sixty-two (62) years of age or older or families of two (2) or more persons related by blood, marriage or operation of law, one member of which is sixty-two (62) years of age or older.

SERVICE WALK (PRIVATE RESIDENTIAL):	Any strip or section of concrete, pavers, asphalt, or stones a maximum of four (4) feet in width, the prime purposes of which is a walkway. Any concrete, pavers, or stones exceeding four (4) feet in width, the prime purpose of which is not a walkway, shall be defined as hardscape area.

SETBACK:	The minimum required distance along a straight and perpendicular line between a structure and the street lot line, rear lot line or side lot line.

SETBACK, AVERAGE:	The minimum required distance along a straight and perpendicular line for the required street setback on a vacant lot. The average setback is the average of the distance of the closest adjacent principal buildings on either side of a vacant lot on the same block and same side of the street, where the existing buildings exceed the minimum street setback required.

SETBACK, TRANSITION:	A setback which is subject to certain improvements for placement between potentially incompatible land uses. Transition setbacks are provided on a zoning lot in an office, business or industrial district which adjoins a zoning lot in a residential district, or that setback in a multiple-family zoning district which adjoins a one-, two- or three-family zoning district. (See section 11-15-3 of this title.)

SHADE SAIL:	An unenclosed fabric structure designed to provide temporary or permanent shade that may be attached to posts, buildings or surrounding structures. (See section 11-15-19 for an illustration of this structure.)

SHED:	A detached accessory structure used for the storage of materials whose use is incidental and subordinate to that of the primary or dominant use of the principal building or structure.

SHELTERED CARE FACILITY:	A structure or part of a structure used for the temporary sheltering of abused individuals and/or the homeless. Qualified supervision and care shall be provided for those housed in the facility.

SHOPPING CENTER:	A complex of three (3) or more business and commercial establishments, the whole planned, developed and managed as a unit, sharing common parking facilities.

SIDEWALK:	That portion of a public right-of-way, easement or land reserve which is paved and intended for the use of pedestrian traffic.

SIGN:	Any object, device, display or structure or part thereof that is used to advertise, identify, display or attract attention to any object, person, institution, organization, business, product, service or event related to the premises on which the sign is situated by any means including words, letters, figures, designs, symbols, fixtures, colors or illumination.

SIGN, A-FRAME:	A sign with not more than two (2) sides that is self supporting and not permanently anchored or attached to the ground and which is used to inform the general public of an event or particular items that is/are offered at a specific and proximate establishment.

SIGN AREA:	The area of not more than two (2) imaginary squares or rectangles that would completely encompass all parts of a sign, including the background.

SIGN, AWNING:	A sign incorporated into or attached to an awning that is otherwise permitted by ordinance.

SIGN, CANOPY:	A sign that is incorporated into or attached to a canopy that is otherwise permitted by ordinance.

SIGN, CONSTRUCTION:	A temporary sign identifying the architects, contractors, developers, engineers, realtors, or any other related individuals or firms involved with a project.

SIGN, DEFUNCT:	Any sign that has fallen into disrepair or that advertises or identifies an activity, business, product or service no longer conducted on the premises where the sign is located. A sign shall be considered defunct when it has not served the purpose for which it was erected for a period of thirty (30) days or more.

SIGN, DIRECTIONAL AND INFORMATIONAL:	A sign erected for the convenience of the public, such as identifying entrances, exits, parking areas, no-parking areas, restrooms, public telephones, walkways, and similar features or facilities.

SIGN, DOWNTOWN DIRECTIONAL:	A wall, freestanding, or projecting sign, other than a business identification sign, listing the name and location of one (1) or more business establishments located on the same block face as the property on which the sign is located.

SIGN, ELECTRONIC MESSAGE BOARD:	A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means.

SIGN, FREESTANDING:	A sign anchored to the ground or supported by one (1) or more post, column, or other vertical structures or supports, and not attached to or dependent for support from any building.

SIGN, INFLATABLE:	Any object enlarged or inflated which floats, is tethered in the air, is activated by air or moving gas, or is located on the ground or on a building with or without copy or other graphic.

SIGN, MOBILE OR PORTABLE:	A term commonly used to mean any graphic not designed to be permanently or temporarily attached to a building or part thereof or to be anchored to the ground. Such graphics primarily included, but are not limited to, signs attached to wood or metal frames designed to be self-supporting and movable; paper, cardboard or canvas signs wrapped around supporting poles; hand-held signs; and signs on parked vehicles visible from the public right-of-way (except signs identifying the related business when the vehicle is being used in the normal day-to-day operation of the business).

SIGN, OFF- PREMISES:	See "Billboard."

SIGN, PROJECTING:	Any sign which is supported by an exterior wall of a building with exposed face of said sign in a plane perpendicular to the plane of the wall to which it is attached and projecting more than twelve (12) inches.

SIGN, ROOF- MOUNTED:	Any sign erected or maintained above the roof line of any building.

SIGN, TEMPORARY:	Any sign, banner, valance or advertising display, constructed of cloth, canvas, light fabric, cardboard, wallboard, or other like materials, with or without frames, not intended or designed for permanent display.

SIGN, TIME AND TEMPERATURE:	An electronic message board sign which exclusively displays current time, date, and temperature information, without any commercial messages.

SIGN, WALL:	A sign attached to or erected against any wall with the exposed face of said sign in a plane parallel to the plane of the wall to which it is attached and not projecting more than twelve (12) inches.

SIGN, WINDOW:	Any sign painted on or affixed to the interior or exterior of a window, or suspended behind a window pane (including a television or computer monitor) so as to attract the attention of persons outside the building.

SITE:	For towers other than towers in the public rights-of-way, the boundaries of the leased or owned property on which the towers are or are proposed to be situated.

SMALL CELL FACILITY:	A wireless service facility that meets both of the following qualifications: 1. Each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than six (6) cubic feet; and 2. Primary equipment enclosures are no larger than twenty-five (25) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: Electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

SMALL CELL NETWORK:	A collection of interrelated small cell facilities designed to deliver wireless service.

SMOKE:	Small gasborne particles other than water that form a visible plume in the air.

SOUND LEVEL METER:	An electronic instrument which includes a microphone, amplifier and output meter which measures sound pressure levels in a specified manner. It may be used with the octave band analyzer.

SPECIAL USE:	See definition of Use, Special.

SPECIFIED ANATOMICAL AREAS:	A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
SPECIFIED ANATOMICAL AREAS:	B. Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

SPECIFIED SEXUAL ACTIVITIES:	Any of the following:
SPECIFIED SEXUAL ACTIVITIES:	A. The fondling of another person's genitals, pubic region, anus, or female breasts;
	B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
	C. Excretory functions as part of, or in connection with, any of the activities set forth in subsections A. through B. above.

STANCHION:	A vertical support structure generally utilized to support exterior lighting elements.

STOOP:	A small platform (frequently improved with steps) projecting from the wall of a building to permit direct pedestrian access to a building or structure.

STORAGE OR STORED:	The keeping of items, equipment, vehicles, trailers or materials for a period of time longer than would be involved in the normal day to day use or consumption of the same.

STORY:	A set of rooms on one floor of a building or a horizontal divided of a building interior, not necessarily corresponding to a building's interior.

STORY, HALF:	That portion of a building under a sloping roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four and one-half feet (4½') above the floor of such story.

STREAMLINED PROCESSING:	Expedited review process for co-locations required by the federal government (Congress and/or the FCC) for PWSF.

STREET:	A right-of-way, public or private, which affords principal means of vehicular access to property abutting thereon. This does not include customary residential driveways.

STRUCTURAL ALTERATION:	Any change, other than incidental repairs, to any structure.

STRUCTURAL INTEGRITY:	For wireless communication facilities, compliance with conditions set forth in ANSI/EIA/TIA 222-G (as amended) Class II Exposure C structural/wind loading standards.

STRUCTURE:	Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, signs, conventional television or satellite antennas, and excepting customary utility poles, retaining walls and boundary fences.

SUBSTANTIAL CHANGE:	A modification or co-location constitutes a "substantial change" of an eligible support structure if it meets any of the following criteria: 1. A PWSF co-location or modification of an existing antenna-supporting structure not in a public right-of-way increases the overall height of the antenna-supporting structure, Antenna and/or antenna array more than ten percent (10%) or twenty feet (20'), whichever is greater. A PWSF co-location on an existing antenna-supporting structure within a public right-of-way increases the overall height of the antenna-supporting structure, Antenna and/or Antenna Array more than ten percent (10%) or ten feet (10'), whichever is greater. 2. A PWSF co-location for towers not in a public right-of-way protrudes from the antenna-supporting structure more than twenty feet (20') or the width of the structure at the elevation of the co-location, and for towers within a public right-of-way, protrudes from the antenna-supporting structure more than six feet (6'). 3. A PWSF co-location on an existing antenna-supporting structure fails to meet current building code requirements (including windloading). 4. A PWSF co-location adds more than four (4) additional Equipment Cabinets or one (1) additional equipment shelter. 5. A PWSF co-location requires excavation outside of existing leased or owned parcel or existing easements. 6. A PWSF co-location defeats any existing concealment elements of the antenna-supporting structure. 7. A PWSF co-location fails to comply with all conditions associated with the prior approval of the antenna-supporting structure except for modification of parameters as permitted in section 11-3-12 et seq.

SUMMERHOUSE:	A gazebo with removable or permanent enclosure panels and/or doors made of screening or glass. (See section 11-15-19 for an illustration of this structure.)

SUPPORT STRUCTURE:	Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

SWIMMING POOL OR WADING POOL:	Whether indoors or outdoors and whether above or below the surface of the ground or both, intended to contain water for swimming, having an inside wall depth at any point of more than two feet (2') or a surface area exceeding two hundred fifty (250) square feet.

TEMPORARY OR SEASONAL USE:	A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure.

TEMPORARY PWSF:	A temporary tower or other structure that provides interim short-term telecommunications needed to meet an immediate demand for service in the event of an emergency or a public event where a permanent wireless network is unavailable or insufficient to satisfy the temporary increase in demand or when permanent PWSF equipment is temporarily unavailable or offline.

TERRACE:	An unenclosed landscaped and/or hard surfaced area located above, at, or below the finished grade.

THREE-COMPONENT MEASURING SYSTEM:	A complement of instruments or seismograph which can record, simultaneously, vibration vectors in three (3) mutually perpendicular directions.

TOWER:	Any support structure built for the primary purpose of supporting any antennas and associated facilities for commercial, private, broadcast, microwave, public, public safety, licensed or unlicensed, and/or fixed or wireless services. A tower may be concealed or non-concealed. Non-concealed towers include: Guyed - A style of tower consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building. Lattice - A self-supporting tapered style of tower that consists of vertical and horizontal supports with multiple legs and cross bracing, and metal crossed strips or bars to support antennas. Monopole - A style of freestanding tower consisting of a single shaft usually composed of two (2) or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building's roof. All feed lines shall be installed within the shaft of the structure.

TOWER BASE:	The foundation, usually concrete, on which the tower and other support equipment are situated. For measurement calculations, the tower base is that point on the foundation reached by dropping a perpendicular from the geometric center of the tower.

TOWER HEIGHT:	The vertical distance measured from the grade line to the highest point of the tower, including any antenna, lighting or other equipment affixed thereto.

TOWER SITE:	The land area that contains, or will contain, a proposed tower, equipment compound, support structures and other related buildings and improvements.

TOWNHOUSE:	See definition of Dwelling, Attached.

TOXIC MATERIAL:	Any substance (liquid, solid or gaseous) which by reason of an inherent deleterious property when emitted in an amount injurious to plants, animals or human beings.

TRAILER:	A vehicle other than a mobile home or manufactured home, equipped with wheels towed behind a motor vehicle.

TRANSMISSION EQUIPMENT:	Equipment that facilitates transmission of communication service (whether commercial, private, broadcast, microwave, public, public safety, licensed or unlicensed, fixed or wireless), such as radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply.

TREES:	See section 11-10A-2 of this title for tree related definitions.

TRELLIS:	An individual flat panel framework intended for the support of climbing plants or vines, attached to a wall; open-air/unenclosed porch; or between a soffit and finished grade. A trellis may also be freestanding. (See section 11-15-19 for an illustration of this structure.)

USE, ACCESSORY:	A use incidental to and subordinate to the principal use. It shall not dominate in area, extent or purpose to the principal use, building or structure.

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

USE, PRINCIPAL:	The main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be "permitted" or "conditional".

USE, SPECIAL:	A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such "special use" may or may not be granted, subject to the procedures and terms of this title.

VARIATION:	A variation from a specific requirement in this title, as applied to a specific piece of property, as distinct from rezoning.

VETERINARY HOSPITAL:	Any building or portion thereof designed or used for the care, observation or treatment of domestic animals, excluding boarding and grooming.

VIBRATION:	The periodic measured displacement.

VIBRATION FREQUENCY:	The number of oscillations per second of a vibration.

VISIBILITY TRIANGLE:	An imaginary triangle formed by the intersection of any two (2) or more streets. The triangle on each "leg" of each corner of a street intersection (there are two (2) legs to each corner) is measured twenty (20) feet in one direction and one hundred forty (140) feet distance in the other direction from the point of intersection along the street pavement edges; the third side, its hypotenuse. The triangle extends three (3) feet vertically from the crown of the street. ^[8]

WALL:	See definition of Fence Or Wall.

WAREHOUSE:	Facilities largely devoted to storage of goods and materials. Distinguished from industrial in that no manufacturing is involved.

WATERCOURSE:	Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.

WELL:	A hole or shaft sunk into the earth to tap an underground supply of water.

WETLANDS:	Swamps or marshes, watercourses, drainage tributaries, pools or ponds in either a perennial or intermittent state.

WIRELESS COMMUNICATION FACILITIES:	At a specific physical location, one (1) or more antenna, tower, base station, mechanical and/or electronic equipment, conduit, cable, and associated structures, enclosures, assemblages, devices and supporting elements that generate or transmit nonionizing electromagnetic radiation or light operating to produce a signal used for communication, including but not limited to all types of communication facilities defined further herein.

YARD:	Any portion of a zoning lot, which is unobstructed from the ground upward, except as otherwise provided in this title.

YARD, CORNER STREET:	A street yard extending from the rear lot line to a point where the yard meets the front street yard of a principal building. (See section 11-15-3 of this title.)

YARD, FRONT STREET:	A street yard extending along the full length of the front lot line between the side or street lot lines to a point where the yard meets the horizontal planes of the foundation of the principal building facing the front lot line. (See section 11-15-3 of this title.)

YARD, PERIMETER:	A yard encompassing the perimeter of a zoning lot generally located between lot lines and the foundation lines of principal structures for the purpose of locating landscape improvements required in chapter 10 of this title. (See section 11-15-9 of this title.)

YARD, REAR:	A yard extending along the full length of the rear lot line between the side or street lot lines to a point where the yard meets the horizontal planes of the foundation of the principal building that faces the rear lot line. A corner street yard shall supersede a rear yard. (See section 11-15-3 of this title.)

YARD, SIDE:	A yard extending along the side lot line between the front street yard and rear yard to a point where the yard meets the horizontal planes of the building that faces the side lot line. (See section 11-15-3 of this title.)

YARD, STREET:	A yard extending along the full length of the street lot line between the rear or side lot lines to a point where the yard meets the horizontal planes of the foundation of the principal building that faces the street lot line. (See section 11-15-3 of this title.)

ZONING ADMINISTRATOR:	The zoning administrator of the city of Geneva. (Ord. 95-28, 5-1-1995; amd. Ord. 97-31, 6-2-1997; Ord. 97-68, 12-1-1997; Ord. 2001-05, 2-5-2001; 2003 Code; Ord. 2003-19, 3-17-2003, eff. 5-1-2003; Ord. 2004-08, 2-17-2004; Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2006-34, 5-15-2006, eff. 6-26-2006; Ord. 2007-21, 5-7-2007; Ord. No. 2009-16, § 1, 4-13-2009; Ord. No. 2010-32, § 1, 8-2-2010; Ord. No. 2010-63, § 1, 1-3-2011; Ord. No. 2011-16, § 1, 3-7-2011; Ord. No. 2011-19, § 1, 3-7-2011; Ord. No. 2011-24, § 1, 4-18-2011; Ord. No. 2011-47, § 1(Exh. B), 10-17-2011; Ord. No. 2012-38, § 1, 10-15-2012; Ord. No. 2013-21, § 1, 6-17-2013; Ord. No. 2013-38, § 1, 11-4-2013; Ord. No. 2015-15, § 3, 6-15-2015; Ord. No. 2015-29, § 1, 9-8-2015; Ord. No. 2016-42, § 1, 12-5-2016; Ord. No. 2018-27, §§ 1, 2, 8-6-2018; Ord. No. 2019-17, §§ 8, 9, 8-5-2019; Ord. No. 2019-29, § 1, 12-9-2019; Ord. No. 2020-06, § 1, 1-6-2020; Ord. No. 2020-09, § 1, 3-2-2020; Ord. No. 2022-38, § 1,2, 9-6-2022; Ord. No. 2023-22, § 1, 10-16-2023; Ord. No. 2024-47, §§ 1—3, 10-21-2024)

Footnotes: