A.

Territorial Application. This code shall apply to all land, structures, and uses within the corporate limits of the Village of Gilberts.

B.

General Application. All structures erected, all uses of land or structures established, all structural alterations or relocations of existing structures occurring, and all enlargements and extensions of, additions to, changes in, and relocations of existing uses occurring after the effective date of this code will be subject to all regulations of this code applicable to the zoning districts in which the land, structures, or uses are located. Existing structures and uses that do not comply with the regulations of this code will be subject to the provisions of chapter 10 of this code relating to nonconformities.

C.

General Prohibition. No structure, no use of any structure or land, and no lot of record or zoning lot, now or existing after the effective date of this code, may be established, enlarged, extended, altered, moved, divided, or maintained in any manner, except as authorized by the provisions of this code and except in compliance with the regulations of this code. Without limiting the foregoing, any activity that would cause any existing structure not to comply with this code or that would create any lot that could not be developed in compliance with this code is prohibited.

D.

Private Agreements. This code is not intended to abrogate, annul, or otherwise interfere with any platted building line, easement, covenant, or other private agreement or legal relationship; provided, however, that where the regulations of this code are more restrictive or impose higher standards or requirements than the platted building line, easement, covenant, or other private agreement or legal relationship, the regulations of this code will govern.

E.

Existing Unlawful Uses. Any use that was unlawful at the time of the adoption of this code that is in conflict with the requirements of this code remains unlawful.

A.

Existing Variations and Special Uses. Any variation or special use permit lawfully issued prior to the effective date of this code, or any amendment to it that could be lawfully issued pursuant to the provisions in effect after the effective date is deemed to be and continue valid after the effective date subject to any conditions placed on the use at the time of issuance. Any structure or use lawfully authorized by any variation or special use permit that could not be issued after the effective date will be subject to the provisions of chapter 10 of this code dealing with nonconformities.

B.

Existing Uses and Structures Newly Requiring Special Use Permit. The owners of any use or structure lawfully existing on the effective date of this code, or any amendment to it, that did not, prior to the effective date, require a special use permit but which, after the effective date, does require a special use permit, may continue the use or maintain the structure by securing a special use permit pursuant to the standards and procedures of section 11-11 and other applicable provisions of this code. Unless and until a permit is secured, the use will be subject to the provisions of chapter 10 of this code dealing with nonconformities.

A.

New Code Shall Apply. All work, structures, and uses authorized by building permits issued prior to the effective date of this code or any amendment to it, and for which a certificate of occupancy had been issued prior to the effective date, will not be affected by this code. Except as provided in subsections B and C of this section, no certificate of occupancy will be issued following the effective date of this code or any amendment to it unless the work, structure, or use for which the certificate of occupancy is sought is made to fully comply with the applicable provisions of this code or any amendment.

B.

Right to Complete Construction Pursuant to Approved Plans. Nothing in this code, or any amendment to it, will be deemed to require any change in the plans, construction, or designated use of any structure if:

1.

A building permit for the structure was lawfully and properly issued prior to the effective date of this code or any amendment to it, or such permit is issued after the effective date based upon a complete and proper application for the permit filed prior to the effective date; and

2.

The permit had not by its own terms expired prior to the effective date; and

3.

The permit was lawfully and properly issued in accordance with the law in effect prior to the effective date; and

4.

Construction pursuant to the permit is commenced prior to the expiration of the permit and within six months of the effective date and is thereafter diligently pursued to completion.

C.

Right to Occupy as Nonconformity. Upon completion pursuant to subsection B of this section, a structure may be occupied by, and a certificate of occupancy may be issued for, the use designated on the permit, subject thereafter, to the extent applicable, to the provisions of chapter 10 of this code relating to nonconformities.

A.

New Code Shall Apply. This code, and any amendment to it, will apply to all applications for variations, amendments, and special use permits pending and not yet finally decided on the effective date thereof to which it would apply if the applications were filed on or after the effective date.

B.

Notification to Owners. Within 30 days following the effective date of this code, or any amendment to it, the Zoning Administrator will inform each owner named on each application referred to in subsection A of this section that the application is subject to the provisions of this code, as amended, and will be processed in accordance therewith; that the owner may within 30 days following the mailing of the notice refile, without additional fee, its application on the basis of this code, as amended; and that if the owner does not refile, its application may be denied for noncompliance with the provisions of this code, as amended.

C.

Duty of Owner. Notwithstanding the provisions of subsection B of this section, it shall be the responsibility of each owner having an application pending on the effective date of this code, or any amendment to it, to modify the application in accordance with the terms and provisions of this code, as amended, and the failure to do so, whether or not the procedures of these subsections have been followed, may result in denial of such application for failure to comply with this code, as amended. Any modification or refiling of an application pending on the effective date in order to comply with the provisions of this code, as amended, will be permitted at any time prior to the final disposition of the application and will be permitted without payment of any additional fee.

D.

Processing of Pending Applications. Upon the refiling of any pending application as herein provided, or upon notification from the owner that it will not refile or modify its application, or upon the expiration of 60 days following the effective date of this code or any amendment to it, whichever occurs first, the pending application will be processed in accordance with the terms of this code, as amended; provided, however, that the application requirements, hearing requirements and procedural requirements set forth in chapter 11 of this code will not apply to any such pending application and each application will be processed in accordance with the application, hearing, and procedural requirements that were in effect on the date the application was filed. Notwithstanding any other provision of this section, the Zoning Administrator has the authority to request additional data, information, or documentation for pending applications when, in his or her judgment, such additional data, information, or documentation is necessary or appropriate to a full and proper consideration and disposition of the pending application.

The Village of Gilberts Zoning Ordinance adopted by Ordinance No. 85-01, as amended from time-to-time, and the Village of Gilberts Subdivision Ordinance adopted in October, 1990, as amended from time-to-time, are hereby repealed in their entirety. Except as expressly provided in this code, these repeals will not affect or impair any act done, offense committed, or right accruing, accrued, or acquired, or liability, penalty, forfeiture, or punishment incurred prior to the time the repeal takes effect, but may be enjoyed, asserted, enforced, prosecuted, or inflicted as fully and to the same extent as if the repeal had not been effected.

A.

Intent as to Severability. The several provisions of this code will be severable in accordance with the following rules:

1.

Provisions Declared Invalid. If any court of competent jurisdiction adjudges any provision of this code to be invalid, that judgment will not affect any other provisions of this code.

2.

Applications Declared Invalid. If any court of competent jurisdiction adjudges invalid the application of any provision of this code to a particular lot, a particular structure or a particular use, that judgment will not affect the application of said provision to any other land, structure, or use.

B.

Applicable Regulations following Declaration of Invalidity. Whenever the provisions of this code are declared invalid in their application to any particular lot, the zoning map provided for in section 2-3 of this code will continue to show lot in the zoning district applicable to it pursuant to this code unless and until such district is changed by an amendment adopted by the Board of Trustees pursuant to section 11-16 of this code; provided, however, that the lot in question will also be marked with a star or other distinctive marking to direct attention to the court decree affecting said lot. The Zoning Administrator will maintain a file of any such decrees. The provisions of any decree will be deemed to modify the otherwise applicable provisions of this code as they apply to the lot to the extent provided in said decree but the lot will otherwise remain subject to the provisions of this code.

This code will take effect upon, and its effective date will be the date of, its passage by the corporate authorities in accordance with state law. The Zoning Administrator is authorized and directed to publish this code in pamphlet form and to publish an appropriate notice of its adoption and availability in a newspaper of general circulation in the Village.

In their interpretation and application, the provisions of this code will be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, and general welfare, as set forth in the provisions hereof establishing the intent and purpose of this code in general and its various sections in particular. When the provisions of this code impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this code will be controlling. When the provisions of any statute, other ordinance, or regulation impose greater restrictions than this code, the provisions of that statute, other ordinance, or regulation will be controlling.

The provisions of this code will be interpreted to be cumulative of, and to impose limitations in addition to, all other codes, laws, and ordinances in existence or which may be passed governing any subject matter of this code. The several provisions of this code will also be interpreted to be cumulative of each other. To the greatest extent possible, the provisions of this code will be construed to be consistent with, and not in conflict with, the provisions of the other codes, laws, and ordinances, and with each other, to the end that all those provisions may be given their fullest application.

The provisions of this code will not be interpreted to be, or to grant, a consent, license, or permit to use any lot or to establish, locate, construct, or maintain any structure or use, or to carry on any trade, industry, occupation, or activity.

This code shall not be interpreted to validate or make lawful any unlawful use or structure existing upon the effective date of this code. Any such unlawful use or structure will remain unlawful to the extent that the use or structure is in conflict with the provisions of this code.

A.

Tense and Form. Words used or defined in one tense or form shall include other tenses and derivative forms.

B.

Number. Words in the singular number include the plural number, and words in the plural number shall include the singular number.

C.

Gender. The masculine gender includes the feminine and neuter. The feminine gender includes the masculine and neuter. The neuter gender includes the masculine and feminine.

D.

Time. The time within which any act required by this code is to be performed will be computed by excluding the first day and including the last day, unless the last day is a Saturday or Sunday or a holiday declared by the United States Congress or the Illinois General Assembly, in which event it shall also be excluded.

E.

Person. The word "person" includes individuals, firms, partnerships, joint ventures, trusts, trustees, estates, corporations, associations, and any other similar entities.

F.

Used For. The phrase "used for" includes intended for, designed for, occupied for, maintained for, and arranged to be used or occupied for whenever that interpretation would result in the regulation being more restrictive in its application to any use or structure.

G.

Village. The word "Village" means the Village of Gilberts, Kane County, Illinois.

H.

County. The word "County" means the County of Kane, Illinois.

I.

Undefined Terms. Any word not defined in section 13-13 of this code will have the meaning given in any applicable Village code or ordinance or, if none, in Webster's Third New International Dictionary, Unabridged, except for words employed to refer to the permitted uses and special uses of this code, which shall be interpreted, insofar as applicable, in accordance with the meaning established in the NAICS, as such manual may be amended or replaced by comparable manuals or guidelines, through the effective date of this code.

J.

Captions, Illustrations, and Tables. In case of any difference of meaning or implication between the text of this code and any caption, illustration, or table, the text will control.

When used in this code, the following terms have the meanings ascribed to them:

Abut means to physically touch or border upon; or to share a common property or lot line.

Access means a way or means of approach to provide physical entrance to a property.

Access control regulations means a document entitled, "Kane County Division of Transportation Access Control Regulations for County Designated Freeways and Design Standards for Access Driveways to County Highways and County Designated Freeways" by the Kane County Division of Transportation.

Accessory building or structure means a detached building or structure on the same lot with and of a nature customarily incidental and subordinate to the principal building or structure, the use of which is clearly incidental and subordinate to that of the primary or dominant use of the principal building or structure.

Accessory Use means a detached building or structure on the same lot with and of a nature customarily incidental and subordinate to the principal building or structure, the use of which is clearly incidental and subordinate to that of the primary or dominant use of the principal building or structure.

Addition means a structure added to the original building or structure at some time after the completion of the original.

Agriculture means the production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef, cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding or grazing of any or all of such animals; bees and apiary products; for animals; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program. Agriculture shall not include the commercial feeding of garbage or offal to swine or other animals, the commercial feeding of animals on open lot where no feed is raised on the premises, or the commercial feeding of fur bearing animals, poultry, or laboratory animals such as mice, rabbits, and rodents.

Agriculture building or structure means a building or structure, with the exception of dwelling units, existing or erected on land used principally for agricultural purposes.

Airport means any premises that are used or intended for use for the landing or take-off of aircraft, including any associated areas which are used or intended for use by buildings and structures incidental to aircraft services.

Alley means a strip of land along the side of or in the rear of lots intended to provide secondary access to and from roads and such lots, and shall not be designed for general travel.

Alteration means any change or rearrangement in the supporting members of an existing building or structure, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows, or enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

Amenity means a natural or man-made feature which enhances or makes more attractive or satisfying a particular property.

Animal hospital means a place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental the hospital use.

Animal run means an enclosed outdoor area intended for the exercising and/or containment of dogs and similar animals.

Annexation means the incorporation of a contiguous land area into an existing municipality with a resulting change in the corporate boundaries of that municipality.

Antenna means an arrangement of wires, metal rods, or similar materials used for the transmission and/or reception of electromagnetic waves.

Antenna tower means any structure designed for the purpose of mounting an antenna.

Arbor means an overhead structure constructed of thin strips, usually wood, crossing each other in an open pattern of squares, diamonds, or other geometric shapes intended to support vines or other creeping plant material.

An Assessment of Wildlife and Wildlife Habitats of Kane County, Illinois means a report by the Kane County Development Department, 1982.

Automobile body shop means 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 to the body work.

Automobile mini-market means an automobile service station which offers or includes as an accessory use, the retail sale of merchandise or services not related to the maintenance, service, or repair of motor vehicles.

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

Automobile sales or rental means the use of any building, land area, or other premises, or portion thereof, for the display, sale, or rental of new or used automobiles, panel trucks or vans, trailer, or recreational vehicles, and including any warranty repair work and other repair service conducted as an accessory use.

Automobile service station means any building, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing or sale of vehicular fuel, and may include any operations specified under Automobile Body Shop.

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

Balcony means a level, unenclosed platform serving as a floor and located a minimum of one story above the finished grade, which projects from the wall of a building and is enclosed by a railing or balustrade.

Base flood elevation means the highest water surface elevation of the 100-year flood.

Basement means the lowest story of a building, below the main floor and wholly or partly below ground level, which is unfinished or used for mechanical equipment. In no instance, however, shall the main floor of a single-story building which is located wholly or partly below ground level, be considered to be a basement.

Bay window means a window or windows jutting out from the wall of a building above the finished grade and forming an alcove within the building.

Bedroom means a room in a dwelling unit planned and intended for sleeping, separable from other rooms by a door.

Berm means a mount of earth.

Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shore lines or waterways, or corporate boundary lines of the Village.

Borrow pit means any place or premises where dirt, soil, sand, gravel, or other material is removed below the grade of surrounding land, for any purpose other than that necessary and incidental to site grading or building construction.

Buffer strip means a landscaped area used to visibly separate one use from another or to shield or block noise, lights, unsightly areas, or other nuisances.

Buildable area means That portion of a lot remaining after the minimum required yard and open space requirements of this Chapter have been complied with.

Building means any structure which is substantially enclosed by the exterior walls, has a roof supported by columns or walls, and is intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

Building, completely enclosed means a building separated on all sides from adjacent open space and other structures by a permanent roof and exterior walls pierced only windows and normal doors.

Building height means the vertical distance of a building as measure from mean grade to the highest point of the building, including chimneys, mechanical equipment, parapets, penthouses, spires, and water towers, but excluding antennas.

Building line, established means the line equal to the mean setback of the buildings fronting on one side of a block in which 25 percent or more of the lots have been improved.

Building, principal means a building in which is conducted the primary or dominant use of the lot on which it is located.

Building officer means the Building Officer of the Village of Gilberts, Illinois.

Building setback line means the line parallel to the front lot line of a lot at a distance equal to the depth of the required front yard for the zoning district in which the lot is located.

Bulk regulations means standards that control the size, height, density, intensity, and location of structures, including the location of exterior walls at all levels.

Business means an occupation, employment, or enterprise which occupies time, attention, labor, or materials for compensation, or where merchandise is exhibited or sold, or where services are offered.

Caliper means the diameter of a tree trunk as measure six inches above the ground.

Cannabis shall have the same definition as "cannabis" set forth in section 1-10 of the Cannabis Regulation and Tax Act, as amended.

Cannabis business establishment means a cannabis dispensary, cannabis cultivation center, cannabis craft grower, cannabis infuser, cannabis transporter, cannabis processer, and such other cannabis business establishments authorized under the Act, a medical cannabis dispensary, and a medical cannabis cultivation center.

Cannabis dispensary means "dispensing organization" and "dispensary" as defined in section 1-10 of the Cannabis Regulation and Tax Act, as amended.

Cannabis cultivation center means "cultivation center" as defined in section 1-10 of the Cannabis Regulation and Tax Act, as amended.

Cannabis craft grower means "craft grower" as defined in section 1-10 of the Cannabis Regulation and Tax Act, as amended.

Cannabis infuser means "infuser organization" or "infuser" as defined in section 1-10 of the Cannabis Regulation and Tax Act, as amended.

Cannabis transporter means "transporting organization" or "transporter" as defined in section 1-10 of the Cannabis Regulation and Tax Act, as amended.

Cannabis processor means "processing organization" or "processer" as defined in section 1-10 of the Cannabis Regulation and Tax Act, as amended.

Canopy means a structure other than an awning made of cloth, metal, or other material held erect by a ground support frame.

Car wash means a building, or portion thereof, containing facilities for the washing of one or more motor vehicles using production line methods with a chain conveyor, blower, system cleaning device, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand washing of motor vehicles by the customer.

Carport means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.

Cellar. See "Basement".

Certificate of occupancy means a document issued by the Zoning Administrator allowing the occupancy or use of a building and certifying that the building or use has been constructed or will be used in compliance with all applicable codes and ordinances.

Change of use means any use which substantially differs from the previous use of a building or land.

Chimney means a structure containing one or more flues for drawing off emissions from stationary sources of combustion.

Clinic means an establishment, containing the offices of two or more licensed physicians, dentists, psychologists, or social workers, for the examination and treatment of persons on an outpatient basis.

Club means a group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.

Cluster subdivision means a form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided that there is no increase in the number of lots permitted under a conventional subdivision and the remaining land area is devoted useable open space.

Commercial motor vehicle means a motor vehicle having a Class C license or above; any motorized vehicle other than an automobile of commercial use.

Commercial use means an activity carried out for pecuniary gain.

Common elements means land amenities, parts of buildings, central services and utilities, and other elements and facilities owned and used by all unit owners and designated in the master deed as common elements.

Common Open Space. See "Open Space, Common".

Compatible use means any use which is capable of direct association with certain other uses because it is complimentary, congruous, or otherwise undetrimental.

Comprehensive plan means the plan for the long range growth and development of the Village including graphic and written proposals, such plan is formally adopted and is amended from time to time.

Concept plan means a drawing and any accompanying information which shows existing and proposed development conditions as described in this ordinance.

Condominium means a building, or group of buildings, in which units are owned individually, and the structures, common areas, and facilities are owned by all the owners on a proportional, or another.

Condominium association means an association which administers and maintains the common property and common elements of a condominium.

Conforming Building or structure means a building or structure which complies with all the regulations of this Chapter.

Contiguous means next to, abutting, touching, having a common boundary, or directly across from a public right-of-way.

Conversion means a change in the use of land or a building.

Court means an open space, unobstructed from ground to sky, other than a yard, that is on the same lot with and bounded on three or more sides by the walls of a building.

Crosswalk means a public right ^- of ^- way located across a block to provide pedestrian access to adjacent streets or alleys.

Cul-de-sac means a minor street having one open end and being permanently terminated by a vehicle turnaround.

Datum plane means a reference point from which elevations are measured. The datum is mean sea level as established by the (U.S.G.S.) United States Geodetic Survey.

Day care center means a child care facility receiving nine or more children for care during all or part of the day.

Day care home means a residence which receives at least four but not more than eight children for care during all or part of the day. The maximum of eight children shall include the natural or adopted children of the occupants of the premises under 16 years of age.

Decibel means a unit of measurement of the intensity or loudness of sound.

Deciduous means trees, shrubs, or other plants that drop their leaves before becoming dormant in the winter.

Deck means a level, unenclosed platform serving as a floor and located above the finished grade which is usually directly adjacent or attached to a building.

Decorative barrier means a fence-like structure intended for ornamental purposes and not forming a part of an enclosure.

Density, gross means the numerical value obtained by dividing the total number of dwelling units on a lot by the area of the lot.

Density, net means the numerical value obtained by dividing the total number of dwelling units on a lot by the area of the lot after excluding the area occupied by public and private streets but including common open space areas and associated recreational facilities.

Detention basin or pond means a storage facility for the temporary storage of stormwater runoff.

Developer means any person subdividing, erecting structures or causing to have made any improvements to the land.

Development means the total improvement of land through building and development of housing, commercial and recreational uses in a coordinated manner, including the division, or redivision of any tract or parcel of land.

Dish antenna means a parabolically or spherically shaped antenna.

Dog run means an enclosed outdoor area intended for the exercising and/or containment of dogs and similar animals.

Drive-in establishment means a place of business which through design, physical facilities, service, or packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in the motor vehicles.

Driveway means a private roadway providing access for motor vehicles to a parking area, garage, building, or other structure.

Dwelling means a building, or portion thereof, used exclusively for human habitation.

Dwelling, attached means a building containing two or more dwelling units where each unit is separated from the others by one or more common fire resistant walls.

Dwelling, detached means a building containing a single dwelling unit which is not attached to any other dwelling unit by any means.

Dwelling, multiple-family means a building containing two or more dwelling units.

Dwelling, single-family means a building containing one dwelling unit.

Dwelling unit means one or more rooms containing individualized .cooking, sleeping, and sanitary facilities which is designed, occupied, or intended for use by one family or household.

Easement means a grant by a property owner for the use of a strip of land by the general public, a corporation, or certain persons for a specific purpose or purposes.

Egress means leave or exit.

Engineer village means a professional engineer or firm with a professional engineer in responsible charge, registered and licensed as a professional engineer, responsible for review of improvement plans and other services requested by the Village.

Engineer, design means a professional engineer, registered and licensed as such in the state, responsible for the design of site improvement plans and specifications for a project or subdivision.

Engineer, project means a professional engineer, registered and licensed as such in the state, responsible for assuring that the site improvements are constructed and/or installed according to approved plans and specifications and according to good engineering practice.

Existing use means the use of a lot or structure at the time of the adoption of this Ordinance.

Family means one or more persons related by blood, marriage, civil union, or adoption (including foster children), or a group of not more than three (unrelated persons, together with domestic servants, maintaining a common household in a single dwelling unit.

Farm means a parcel of land utilized for agricultural purposes.

Fence means a non-living, free-standing structure resting on or partially buried in the ground and rising above ground level, which forms a barrier which is not otherwise a part of any building or other structure and is used to delineate a boundary or as a means of confinement or privacy.

Fence, open means a fence having a regular pattern that is greater than 80 percent permeable to both light and air when viewed perpendicular to the plane of the fence.

Fence, perimeter means a fence which is located on or within six inches of a property line.

Fence, solid means a fence having a regular pattern which is 30 percent or less permeable to both light and air when viewed perpendicular to the plane of the fence.

Final plat means the map or plan or record of a subdivision and any accompanying material, as described in this ordinance.

Fire escape means a fireproof stairway, ladder, or chute on the outside wall of a building intended to be used to help people escape from the building in case of fire or other calamity.

Flag lot means a lot not fronting or abutting a public roadway and where access to the public roadway is limited to a narrow private right-of-way.

Flood means a temporary rise in the normal water level, or surface water elevation, that results in the inundation of areas not ordinarily covered by water.

Floodplain means the contiguous areas adjacent to natural water bodies, such as lakes streams, and stream beds, which is subject to periodic flooding.

Floor area, gross (for determining floor area ratio) means the sum of the gross horizontal area of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The gross floor area of a building shall also include: (a) elevator shafts and stairwells; (b) mechanical equipment unless located on the roof, either open or enclosed; (c) attic space having headroom of seven feet six inches or more; (d) interior balconies and mezzanines; (e) enclosed porches; (f) interior off-street parking and loading areas; and (g) outdoor display areas.

Floor area, net (for determining off-street parking and loading) means the sum of the net horizontal floor area of the several floors of a building measured from the interior faces of the exterior walls or from the interior faces of walls separating two buildings. The net floor area of a building shall include; (a) basements when used for other than storage; (b) penthouses; (c) attic space having headroom of seven feet six inches or more; (d) interior balconies and mezzanines;, (e) enclosed porches; and (f) floor area devoted to storage areas. The net floor area of a building shall not include: (a) basements; (b) floor area occupied by mechanical, telephone, and electrical equipment; (c) attic space having headroom of less than seven feet six inches; (d) entrance lobbies; (e) public restrooms; (f) interior off-street parking and loading areas; (g) elevator shafts and stairwells.

Floor area ratio (F.A.R.) means the numerical value obtained by dividing the gross floor area of a building or buildings located on a single lot by the area of the lot.

Foot candle means a unit for measuring illumination, equivalent to the amount of direct light thrown by one candle on a square foot of surface area, every part of which is located one foot away.

Fraternal organization means a group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings and formal written membership requirements.

Frontage means that side of a lot abutting a public right-of-way line; the front lot line.

Garage means a building, or portion thereof, designed, used or intended to be used for the parking and storage of motor vehicles, consisting of a concrete floor, roof, and three enclosed walls plus a door large enough to provide entrance and exit of two motor vehicles from a driveway.

Glare means the sensation of brightness within the visual field which causes annoyance, discomfort, or loss of visual performance and visibility.

Grade means the mean level of the finished surface of the ground adjacent to the exterior walls of a building or structure.

Gross land area means the entire area of a development including lots, streets and alleys, measured to the center line of any bounding streets.

Guest House means living quarters within a detached accessory building, located on the same premises as the principal building, for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented, sold, or otherwise used as a separate dwelling.

Health care facility means a facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis, or treatment of human disease, pain, injury, deformity, or physical condition, including but not limited to, a general hospital, diagnostic center, treatment center, rehabilitation center, extended care center, nursing home, intermediate care facility, outpatient laboratory or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer.

Height of structure means the vertical distance of a structure, other than a building (for height of buildings, see Building Height), as measured from mean grade level to the highest point of the structure.

Home occupation means any activity or accessory use conducted in a dwelling unit for financial gain by a member of the household residing therein, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

Homeowners association means a community association which is organized in a development in which individual owners share common interests.

Hospital means an institution providing primary health service and medical or surgical care to persons suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, an including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.

Hotel means a building offering transient lodging accommodations to the general public and may provide additional services such as restaurants, meeting rooms, and recreational facilities.

I.E.P.A. means The Illinois Environmental Protection Agency.

Improvement means any man-made, immovable item which becomes part of, placed upon, or is affixed to real estate.

Improvements, subdivision means grading, street surfacing, curbs gutters, sidewalks, water mains, fire. hydrants, sanitary sewers, storm sewers, culverts, trees and other additions to the natural state of the land which increase its value, utility or habitability in accordance with the provisions of this ordinance.

A.

Private Improvement. Any installed or constructed facility for which the responsibility of maintenance and ownership will be retained by the owner or a homeowner association.

B.

Public Improvement. Any facility for which the Village of Gilberts or other municipal body may ultimately assume the responsibility for maintenance and operation or which is constructed for general public use or benefit.

Individual sewage disposal system means a septic tank, seepage tile sewerage disposal system, or any other approved sewage treatment device as approved by the Village of Gilberts.

Industrial use means an economic activity involving construction, manufacturing, warehousing, wholesale trade, and associated service uses.

Ingress means access or entry.

Institutional housing means any residential facility located in a dwelling, under Federal, State, or Village licensing, that is designed, used, or intended to be used to provide a home environment with professional services and treatment while conducting rehabilitative programs, shelter programs, or providing special housing for mentally or physically handicapped persons, where the occupants are allowed to interact with the community while in residence.

Institutional use means a non-profit or quasi-public use or institution such as a church, library, public or private school, hospital, or publicly owned or operated building, structure, or land used for a public purpose.

Junk motor vehicle means an automobile, truck, or other motor vehicle which has either been damaged to such an extent that it cannot be operated under its own power and will require repair before being made useable or does not comply with State, County, or Village laws or ordinances.

Junkyard means any area, lot, land, or parcel, or portion thereof, used for the storage, collection, processing, purchase, sale, or abandonment of paper, rags, glass, rubber tires, scrap metal, or other scrap or discarded goods, materials, machinery, or two or more unregistered inoperable motor vehicles or other such materials but excluding similar such uses taking place entirely within an enclosed building.

Kennel means any Iot or premises, or portion thereof, on which more than four dogs, cats, or other domestic animals over four months of age are kept or on which more than two such animals are boarded or kept for sale.

Laboratory means any building, or portion thereof, in which scientific research, investigation, testing, or experimentation is conducted on a regular basis.

Land use means a description of how land is occupied or utilized.

Land use plan reference to "Land Use Plan" shall mean the approved Land Use Plan of the Village of Gilberts, Illinois.

Landscape plan means the graphical depiction of the location and arrangement of existing and proposed plant material and land forms on a lot.

Lodge. See "Fraternal Organization".

Lot. See "Lot, Zoning".

Lot area, gross means the horizontal area within the lot lines of a lot.

Lot area, net means the horizontal area within the lot lines of a lot, excluding dedicated public rights-of-way.

Lot, corner means a lot situated at the intersection of two roadways, the interior angle of which does not exceed 135 degrees.

Lot coverage means the proportion of the gross area of a lot occupied by any hard surfaces including, but not limited to, buildings, principal structures, accessory structures, decks, sidewalks, walkways, paved parking lots, paved driveways, compacted gravel areas, and permeable pavers and pavements.

Lot, double frontage. See "Lot, Through".

Lot, flag. See "Flag Lot".

Lot, Frontage means the length of the front lot line of a lot.

Lot, Interior means a lot other than a corner lot.

Lot line means the property lines bounding a lot.

Lot line, front means that boundary of a lot abutting a roadway right-of-way. On a corner lot, either lot line abutting a roadway may be selected at the time of the issuance of a building permit for the lot as the front lot line. However, for those corner lots which were developed prior to the effective date of this Ordinance, the front lot line shall be the lot line which faces the front entrance, as indicated on the building plans, to the principal building located on the lot.

Lot line, rear means that boundary of a lot which is most distant from and most nearly parallel to the front lot line; or in the case of a triangular or otherwise irregularly shaped lot, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

Lot line, side means any boundary line of a lot that is not a front or rear lot line.

Lot of record means a lot which is a part of a subdivision, the plat of which has been recorded in the Office of the Kane County Recorder of Deeds.

Lot, through means a lot other than a corner lot which- fronts upon two more or, less parallel roadways.

Lot width means the horizontal distance between the side lot lines of a lot measured at the building setback line.

Lot, zoning means a designated parcel, tract, or area of land established by plat, subdivision, or otherwise permitted by law to be used, developed or built upon as a single unit under single ownership or control.

Manufacturing use means an economic activity engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins, or liquors.

Marquee means a permanent roof-like structure extending from part of the wall of a building but not supported by the ground, and constructed of a durable material such as metal or glass.

Mechanical equipment means mechanical apparatus, including heating and cooling equipment, used in the functioning of the physical infrastructure of a building.

Medical cannabis dispensary means "medical cannabis dispensing organization", or "dispensing organization", or "dispensary organization," as defined in Section 10 of the Compassionate Use of Medical Cannabis Program Act, as amended.

Medical cannabis cultivation center means a "cultivation center" as defined in Section 10 of the Compassionate Use of Medical Cannabis Program Act, as amended.

Mezzanine means a partial or fractional story located between two full stories of a building, usually located immediately above the main or ground floor and in the form of a balcony projecting only partly over the floor below it.

Micron means a unit of length equal to one thousandth of a millimeter.

Mini-warehouse means a structure containing small separate storage areas of varying size leased or rented on an individual basis.

Mixed use development means a tract of land or building or structure developed for two or more different uses such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment uses.

Motel means a building offering transient lodging accommodations to the general public for compensation with access from each room to a readily accessible off-street parking area for use by patrons of the facility.

Motor freight terminal means a building or area in which goods, brought by trucks, including tractor or trailer units, are received, transferred, or dispatched for routing.

Motor vehicle means any passenger vehicle, motorcycle, recreational vehicle, truck, trailer truck, or semi-trailer which is propelled or drawn by mechanical power.

Nonconforming building or structure means a building or structure, lawfully existing on the effective date of this Ordinance, which does not comply with one or more of the provisions of this Ordinance.

Nonconforming lot means a lot, lawfully existing on the effective date of this Ordinance, which does not comply with one or more of the provisions of this Ordinance.

Nonconforming use means a use or activity, lawfully existing on the effective date of this Ordinance, which does not comply with one or more of the provisions of this Ordinance.

Noxious material means a material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects on the physical or economic well-being of people.

Nursery means land or greenhouses used to raise flowers, shrubs, trees, and other plant material for sale.

Nursery School. See "Day Care Center".

Nursing home means an extended or intermediate care facility licensed by the State 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.

Odorous matter means any material that produces an olfactory response in a normal person.

Office building means a building used primarily for conducting the affairs of a business, profession, service, industry, government, or like activity and may include ancillary services for employees such as a restaurant, coffee shop, or newspaper or candy stand.

Official map means the map showing the streets, highways and parks theretofore laid out, adopted and established by law and any amendments of additions thereto resulting from Village Board action or the approval of subdivision plats.

Off-street loading berth means an off-street paved area within a building or on the same lot as a building providing for the standing, loading, or unloading of trucks or other motor vehicles, with direct access to a dedicated roadway right-of-way.

Off-street parking space means an off-street paved area used for the temporary storage of one automobile or other motor vehicle with direct access to a dedicated roadway right-of-way.

On-premises cannabis consumption establishment means a cannabis business establishment or other entity that is authorized or permitted to allow the on-premises consumption of cannabis.

Open space means any parcel or area of land or water essentially unimproved, or otherwise devoid of buildings, other structures, and paved areas, and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

Open space, common means land within or dedicated to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complimentary structures and improvements as are necessary and appropriate.

Outdoor storage means the keeping in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

Owner means the individuals, firms, associations, syndicates, co-partnerships, corporations, trusts, or any other legal entities having sufficient proprietary interest of record in the land.

Parapet means that portion of the exterior walls of a building extending above the roof level.

Parcel means a lot or tract of land.

Parcel means a continuous area or acreage of land.

Parking lot means an unenclosed off-street paved area, containing two 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.

Parkway means that part of the public street right-of-way not occupied by the street pavement and located between the back of the curb and the sidewalk as well as the dividing strip of a roadway.

Particulate matter means material, other than water, which is suspended in or discharged into the atmosphere in a finely divided form such as a liquid or solid.

Patio means a level, unenclosed surfaced area located at the finished grade which is usually directly adjacent or attached to a building.

Paving improvements means road excavation, base course, binder course, surface course, curb and gutter, sidewalk, street lights and related appurtenances, excluding those in parking lots, as required in this ordinance.

Penthouse means a roof structure located on the roof of a building.

Performance standard means a criterion or limit established to control electromagnetic interference, fire and explosive hazards, glare, heat, noise, odorous matter, radioactive materials, vibration, smoke, particulate matter, and other contaminants generated by or inherent in a particular use or activity.

Permitted use means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Pharmacy means a business establishment whose primary function is confined to the sale of medical prescriptions and supplies.

Planned unit development (PUD) means a large tract of land initially under single ownership or control, which contains two or more-principal buildings and one or more principal uses, planned and constructed as a unified development where the specific regulations of the zoning district in which the development is located are modified through the issuance of a special use permit.

Plan commission means the Plan Commission of the Village of Gilberts, Illinois.

Plat means a plan, map, drawing or chart on which the subdivider's plan for the subdivision of land is presented and which he submits for approval and intends to record in final form.

Pond. See "Retention Basin or Pond".

Porch means a platform which may be screened, projecting from the wall of a building, and with direct access to or from a building.

Preliminary plat means the preliminary drawing or drawings, and all accompanying information required in this ordinance, indicating the proposed manner of the layout of the subdivision.

Principal use means the primary or predominant use of land, a building, or a structure.

Public hearing means a meeting, advertised in advance, which is open to the public, with the public given an opportunity to speak and participate.

Public notice means 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.

Record drawing means a drawing which provides a schematic verification that the intent of the accepted civil engineering improvement plans have been met, thereby substantiating that the health, safety and welfare aspects of the engineering design have been adequately provided by the construction of the project. Also, the drawing serves as a reference tool for future location and maintenance operations related to the improvements.

Recreational vehicle means a portable vehicle without a permanent foundation, which can be towed, hauled or driven and is primarily designed as a temporary living accommodation for recreational camping and travel use and includes but is not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes.

Religious facility or use means a structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held.

Residence means a dwelling unit.

Restaurant means a business establishment where food is prepared and served for compensation primarily within the principal building.

Resubdivision means a change in a map of an approved or recorded subdivision plat if such change affects any roadway layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

Retail services means establishments providing services, as opposed to products, to the general public.

Retail trade means establishments engaged in selling goods or merchandise to the general public and rendering services incidental to the sale of such goods.

Retention basin or pond means a pond, pool, or basin used for the permanent storage of stormwater runoff.

Rezoning means changing the zoning classification of a particular lot or parcel of land.

Right of access means the legal authority to enter or leave a property.

Right-of-way means a strip of land occupied or intended to be occupied by a road, crosswalk, railroad, public utility, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term "right-of-way" for land-platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for roads, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

Right-of-way, public means a strip of land dedicated for public use, primarily intended to be occupied or occupied by a road, sidewalk, or public utility line.

Roadway means the paved area within a street right-of-way intended for vehicular traffic, including all curb and gutter facilities.

Roof means the outside top covering of a building.

School means any building or portion thereof, which offers educational instruction in any branch of knowledge or study.

Septic system means an underground system with a septic tank used for the discharge of domestic waste.

Septic tank means a water-tight receptacle that receives the discharge of sewage from a building, sewer, or part thereof, and is designed and constructed so as to permit the settling of solids from this liquid, digestion of organic matter and discharge of the resulting liquid portion into a disposal area.

Setback means the minimum horizontal distance between the street right-of-way line or front lot line and/or corner side lot line of a lot and the nearest wall of a building or structure adjoining such right-of-way or lot line.

Short-term rental means a residential building or portion thereof that is held out for rent, rented, or occupied as a rental for overnight accommodation for a period of less than 30 consecutive days.

Site plan means the graphical depiction of the location and arrangement of existing and proposed buildings and structures, parking lots and drives, roadways and rights-of-way, sidewalks, ground signs, and other freestanding structural features on a lot.

Slope means the degree of deviation of a surface from the horizontal, usually expressed in percent of degrees.

Soil classifier means a certified member of the Illinois Soil Classifiers Association (ISCA) and/or a certified professional soil classifier member of American Registrar of Certified Professionals in Agronomy, Crops and Soils (ARCPACS) who, by reason of his special knowledge of the physical, chemical and biological sciences applicable to soils and of the methods and principles of soil classification as acquired by soils education and soil classification experience in the formation, morphology, description and mapping of soils, is qualified to practice soil classifying.

Solar access means a property owner's right to have sunlight shine on his land.

Solar collector means an assembly, structure, or design, including passive elements, used for gathering, concentrating, or absorbing direct or indirect solar energy, specifically designed for holding a substantial amount of useful thermal energy and to transfer that energy to a gas, solid; or liquid or to use that energy directly; this may include, but is not limited to, a mechanism or process used for gathering solar energy through thermal gradients, or a component used to transfer thermal energy to a gas, solid, or liquid, or to convert into electricity.

Solar energy means radiant energy received from the sun at wave lengths suitable for heat transfer, photosynthetic use, or photovoltaic use.

Solar storage mechanism means equipment or elements such as piping and transfer mechanisms, containers, heat exchangers, or controls thereof, and gases, solids, liquids or combinations thereof that are utilized for storing solar energy gathered by a solar collector for subsequent use.

Sound level means the intensity of sound, measured in decibels.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story half means the portion of a building under a sloping roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4½ feet above the floor of such story.

Street means the paved or unpaved portion of a public or private right-of-way which affords the primary means of vehicular access to abutting property.

Street, private means an undedicated street, generally within a P.U.D. which is privately owned or maintained or an easement of access benefiting a dominant tenant.

Street, public means any street which is shown on the subdivision plat and is or is to be dedicated to the public.

Street, dedicated means a public right-of-way owned by the, Village or other public body and created by designation on a recorded plat of subdivision or other recorded instrument accepted by the corporate authorities of the Village.

Street width means the shortest distance between lines of lots delineating the public street.

Structure means an improvement upon land, other than the land itself, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but not limited to, buildings, fences, ground signs, patios, and parking areas.

Structural alteration means any change, other than incidental repairs, to any structure.

Subdivider means any person means:

(1)

Who, having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or,

(2)

Who directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel site, unit, or plot in a subdivision; or

(3)

Who engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit, or plat in a subdivision; and who

(4)

Is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.

Subdivision means the division of a parcel of land into two or more parts, any of which part is less than six acres exclusive of all right-of-way, for the purpose of transfer of ownership or possession, or building development; or if an easement of access or a new road is involved, any division of land. The term includes any division of land that attempts to avoid the requirements of this ordinance. Where appropriate to the content, the term shall relate to the process of subdivision, or to the land subdivided, and shall include re-subdivision. Subdivision platting is not required and the provisions of this ordinance, unless otherwise stated below, shall not apply in any of the following instances:

(1)

A division of land which may be ordered or approved by a court or affected by testamentary or intestate provision;

(2)

A division of land for agricultural purposes into lots or parcels of six acres or more and not involving any new roads or easement of access;

(3)

Conveyances of land for use as rights-of-way for highway, railroad or other public utilities not involving any new roads or easement of access;

(4)

The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created, and the lots resulting are not reduced below the minimum size required by this ordinance or other applicable ordinances;

(5)

A division of land into lots or parcels of six acres or more provided:

(a)

All lots have a minimum width and frontage of not less than 250 feet on a public road right-of-way.

(b)

The dedication of school and park sites or payment of fees in lieu thereof is made in accordance with Article 6 of this ordinance.

(6)

The sale is of a single lot of less than six acres from a larger tract having been determined by the dimensions and configuration of said larger tract on October 1, 1973, and no sale prior to this sale, of any lot or lots from said larger tract having taken place since October 1, 1973, and a survey of said single lot having been made by a registered land surveyor.

Temporary building or structure means a building or structure without any foundation or footings and which is removed when the designated time period, activity, or use for which it was erected has ceased.

Temporary use means a use established for a fixed period of time with the intent that it will be discontinued upon the expiration of the time period.

Tent means a portable structure or enclosure, the roof of which and/or one-half or more of the sides are constructed of nylon, cotton, canvas or similar materials.

Terrace means a level, unenclosed landscaped and/or surfaced area located at or within four feet of the finished grade which is usually directly adjacent or attached to a building.

Tot lot means an improved and equipped play area for small children, usually no older than elementary school age.

Toxic or noxious substance means any solid, liquid, or gaseous matter, including but not limited to gases, vapors, dusts, fumes, and mists containing properties which by chemical means are inherently harmful and likely to destroy life or impair health, or capable of causing injury to the well-being of persons or damage to property.

Tract means an area, parcel, site, piece of land, or property which is the subject of a development application.

Trailer means a portable structure supported by wheels, jacks, horses, skids or blocks without a permanent foundation, which is towed or hauled by another vehicle, and is used for temporary human occupancy; carry materials, goods, or objects; or as a temporary office.

Trellis means a vertical structure constructed of thin strips, usually wood, crossing each other in an open pattern of squares, diamonds, or other geometric shapes, intended to support vines or other creeping plants.

Undeveloped or unimproved land means land in its natural state before development.

Use means the purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

Utility, public or private means:

(1)

Any agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas heat, communication, rail transportation, cable television, water, sewage collection, or other similar service; or

(2)

A closely regulated private enterprise with an exclusive franchise for providing a public service.

Vending machine means a machine, designed to be operated by the consumer, used for the dispensing of merchandise for monetary remuneration.

Vibration means the periodic displacement of earth, measured in inches, caused by an oscillating movement.

Village means the Village of Gilberts, Illinois.

Village board means the Board of Trustees of the Village of Gilberts, Illinois.

Warehouse means a building, or portion thereof, used primarily for the storage of goods and materials.

Well means a hole or shaft sunk into the earth to tap an underground supply of water.

Wetlands means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water, and consequently within Federal jurisdiction under Section 404 of the Clean Water Act. For purposes of this classification wetlands must have one or more of the following three attributes:

(1)

Identified in the National Wetlands Inventory as available from the:

Illinois Department of Conservation Division of Planning
324 South Second Street, Room 310
Springfield, IL 62701-1787
(217)782-3715

and as amended by a field verification study by the U. S. Army Corps of Engineers, Chicago District Office, as a wetlands due to characteristics 2, 3 and 4, itemized. below.

(2)

At least periodically, the land supports predominantly hydrophytes;

(3)

The substrate is predominantly undrained hydric soil; and

(4)

The substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year.

Wholesale establishment means a business establishment primarily engaged in selling merchandise to other than the general public.

Yard means any open space on the same lot with a building or group of buildings lying between the building and between the building and the nearest lot line, unobstructed from the ground upward and unoccupied except by specific uses and structures allowed in such open space by the provisions of this Ordinance.

Yard, corner side means a side yard which adjoins a public roadway right-of-way.

Yard, front means a yard bounded by the front lot line, the side lot lines, and front yard line.

Yard, interior side means a side yard which adjoins another lot.

Yard line means a line on a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard. A structure or other obstruction shall not protrude into the area between the yard line and such adjacent lot line, except for such permitted obstructions in yards as set forth in this Ordinance.

Yard, rear means a yard bounded by the rear lot line, the side lot lines, and the rear yard line of a lot.

Yard, required means the minimum open space between a lot line and the buildable area of a lot within which no structure or other obstruction shall be located except as provided in this Ordinance.

Yard, side means a yard bounded by a side lot line, the front yard line, the rear yard line, and the side yard line of a lot.

Yard, transitional means a yard which buffers a less intensive use from an adjoining more intensive use, such as a yard buffering a residential use from a commercial use.

Zoning administrator means the administrative officer designated to administer and enforce this Ordinance.

Zoning board means the Zoning Board of Appeals of the Village of Gilberts, Illinois.

Zoning district means a specifically delineated land area within the Village of Gilberts, Illinois, as specified on the Zoning Map, within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

Zoning lot.See "Lot, Zoning".

Zoning map means the Zoning Map of the Village of Gilberts, Illinois.

(Ord. No. 19-2019, § 5, 12-10-2019; Ord. No. 18-2021, § 2, 7-20-2021)

Unlisted uses are prohibited by this code. The listing of a use as "prohibited" or "not permitted" in this Title shall not be construed to permit unlisted uses by inference.

(Ord. No. 19-2019, § 6, 12-10-2019)