For purposes of this title, certain terms or words used herein shall be interpreted as follows:

(A)

"Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, this and any other county, city and county, municipality, district or other political subdivision, or any other group or combination acting as a unit, or personal representative thereof.

(B)

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

(C)

The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.

(D)

The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied".

(E)

The word "lot" includes the words "plot" and "parcel".

(Ord. 3617, 5-8-1989, eff. 6-1- 1989)

The following words and terms, wherever they occur in this title, shall be construed as hereinafter defined.

ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure. However, no enumerated special use shall be considered to be an accessory use to any other permitted or special use, and a separate permit shall be required for each separate special use.

ACRE: 43,560 square feet.

ADDITION: Change to a structure or part thereof that increases the finished floor area of the building (class I: up to 75 percent; class II: 75 percent to less than 150 percent; class III: 150 percent or greater).

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

ALLEY: See definition of "street."

ALTERATION: Any change to the exterior surfaces of a building or part thereof, including, but not limited to, renovation, rehabilitation, restoration, or rearrangement of structural parts or elements or any change that affects the plan configuration of walls, spaces, or bulk of a building (class I: up to 50 percent; class II: 50 percent to less than 75 percent; class III: 75 percent or greater).

ALTERATIONS, STRUCTURAL: See definition of Structural Alteration.

ALTERED SURFACE: The altered surface as described elsewhere in this title and used in subsection 10-8-6(B) of this title shall include all of the exterior surface of a building except the area of existing window or door openings, which will be relocated or will be removed and filled in with exterior wall material, shall not be included in the altered surface area.

ANIMAL DAYCARE: Any premises where four or more domestic animals, over four months of age, at any one time, are accepted for care, exercise, or socialization. Animal daycare does not include overnight boarding.

ANIMAL GROOMING: Any place or establishment, public or private, where animals are bathed, clipped, or combed and a fee is charged for such service. Animal Grooming does not include overnight boarding.

ANIMAL TRAINING: An establishment where animals are brought and trained for the purposes of obedience, assistance, tricks or tasks. Animal training does not include overnight boarding.

ANIMAL HOSPITAL OR CLINIC: See definition of Veterinary Animal Hospital Or Clinic.

ANTENNA OR ANTENNA ATTACHMENT: Any structure designed for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication, or other signals from other antennas, satellites, or other services.

ANTENNA SUPPORT STRUCTURE: Any building, tower, or structure used for the purpose of supporting an antenna.

APARTMENT: See definition of "dwelling unit."

APARTMENT HOTEL: See definition of "hotel, motel and apartment hotel."

AREA OF SPECIAL FLOOD HAZARD: The land which is subject to a one percent chance of flooding annually. This area may also be identified as that which is subject to the 100-year flood. The area is designated as zone A, A1-99, AH or AO on the flood insurance rate map (FIRM).

ATTIC: For residential buildings, the space between the ceiling beams of the top story and the roof rafters, unless that space is accessible via a permanent stairway, and has a minimum of 100 square feet of area and a ceiling height of at least seven feet six inches over 50 percent of that area.

AUTOMOBILE SERVICE STATION: See definition of "garage, service station."

AUTOMOTIVE, MOBILE HOME OR TRAILER SALES FACILITY: The sale or rental of new and used motor vehicles, mobile homes and trailers, but not including repair work except incidental to warranty.

AUTOMOTIVE REPAIR SHOP: A building or premises used for the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.

BALCONY: A projecting platform that is open and roofless and which is suspended or cantilevered from, or supported solely by, the principal structure.

BASE FLOOD: The flood having a one percent chance of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood.

BASE FLOOD AREA: The land area subject to inundation by waters of the base flood.

BASE FLOOD ELEVATION: The highest water surface elevation of the base flood.

BASEMENT: That portion of a building all or partly underground but having at least one-half of its height, the distance between the ceiling and floor, below grade.

BASEMENT, WALK OUT: That portion of a building located partly underground and having an exterior door, where the finished ground at that exterior door is lower than the finished floor.

BEAUTY/BARBER SHOP: An establishment where people go to receive beauty treatments. These treatments primarily include one or more of the following: 1) cutting, trimming, shampooing, weaving, coloring, waving, or styling hair; 2) providing facials; and 3) applying makeup (including permanent makeup). Spa services may be provided as additional and secondary services.

BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattel or property.

BUILDING, ACCESSORY: See definition of "accessory use or structure."

BUILDING HEIGHT: The vertical distance measured from the average existing grade on a zoning lot to the highest point of a structure. Chimneys may not exceed the building height by more than five feet. In nonresidential districts, antennas, chimneys and spires are excluded from building height.

BUILDING HEIGHT, MAXIMUM: The additional height allowed in zoning districts if bonus provisions such as interior side yard setback increases, underground or enclosed parking or other improvements are provided.

BUILDING LINE: See definition of "setback line."

BUILDING PERMIT: A document issued by the Building and Zoning Official which authorizes performance of an activity which is subject to the Glen Ellyn Building Code.

BUILDING, PRINCIPAL: A building permanently affixed to the land in which is conducted the main or principal use of the lot on which said building is situated.

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

BULK: A composite characteristic of a given building as located upon a given zoning lot, involving all of the following characteristics: a) ground floor area and height of building; b) location of exterior walls of buildings or structures at all levels in relation to lot lines, streets or to other buildings or structures; c) gross floor area of the building in relation to lot area (floor area ratio); d) all open spaces allocated to the building; e) the size and shape (area, lot frontage and lot width) of the zoning lot and the amount of lot area and lot width provided per dwelling unit or other unit of measure.

[CANNABIS:]

ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: A seller of adult-use cannabis products, a business which allows on-site consumption of adult-use cannabis products, cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

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

ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time- to-time, and regulations promulgated thereunder.

PERSON: Any person, firm, corporation, association, club, society or other organization, including any owner, manager, proprietor, employee, volunteer or agent.

CELLAR: See definition of "basement."

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 and mortuaries if operated in connection with and within the boundaries of such cemetery.

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

CHURCH: A building primarily used for religious worship. The word "church" shall include chapel, temple, synagogue and mosque. As a land use, "church" shall include the grounds surrounding said building, and shall include those activities and uses typically and incidentally associated with churches, including, but not limited to: Sunday schools; vacation Bible schools; meetings conducted on the premises by private groups; clergy residence; church offices; and columbaria and memorial gardens for interment of ashes. Such typical and incidental associated uses shall be treated as part of the church use and shall not require separate special use permits.

CLINIC, MEDICAL OR DENTAL: A building or portion thereof, the principal use of which is for offices of three or more healthcare practitioners for the diagnosis and/or treatment of outpatients.

CLUB: A building or portion thereof or premises owned or operated for a social, literary, political, educational or for recreational purposes primarily for the exclusive use of members and their guests.

COLLEGE OR UNIVERSITY: An educational institution of higher learning generally offering academic training to graduates of high schools (grade 12).

COMMERCIAL VEHICLE: Any vehicle, except standard passenger vehicles, 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 ridesharing 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 8,001 pounds or more, or any vehicle used in a commercial enterprise and containing lettering on the vehicle body advertising that commercial enterprise, shall be considered a commercial vehicle.

COMPENSATORY STORAGE: An artificially excavated volume of storage within the base flood area used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain.

COMPREHENSIVE PLAN: The plan, or any portion thereof, adopted by the Village Board on April 9, 2001, by ordinance 4930, which establishes the goals, objectives and policies of the community and sets forth the general location and extent of present and proposed physical facilities, including residential and commercial uses, major streets, parks, schools, other public facilities and land uses, including amendments thereto when adopted.

CONGREGATE HOUSING FOR THE ELDERLY: Multiple-unit housing designed as a planned, coordinated development that caters to the special needs of older people who are capable of independent living, yet need certain facilities and services available on site to compensate for declining mobility, perception and cognition, except the provision of ongoing on site medical care.

CORNER LOT: See definition of "lot types."

COURT: An open space more than one-half surrounded by buildings.

CUL-DE-SAC: See definition of "street."

CULTURAL FACILITY: A structure or premises devoted primarily to the arts and/or enlightenment.

DAYCARE CENTER: Any childcare facility receiving more than eight children for daytime care during all or 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; or d) special activities programs, including athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations.

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

DEAD END STREET: See definition of "street."

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 open and roofless platform that adjoins a principal building and is supported by a means other than the principal structure.

DENSITY: A unit of measurement; the number of dwelling units per acre of land.

DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, construction of or substantial improvements to buildings or other structures, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations.

DISTRICT: A part of the Village wherein regulations of this title are uniform.

DRIVE-IN COMMERCIAL FACILITIES: A use of land where services or goods are rendered or delivered to customers in vehicles.

DRIVEWAY: A hard surfaced area on a zoning lot upon which vehicles may be driven or parked, and which may provide access to parking spaces.

DRIVEWAY APPROACH: The area from street pavement to zoning lot which provides vehicular access to a driveway.

DRY CLEANING: See definitions of "laundry, commercial and laundry, retail."

DWELLING, MULTI-FAMILY: A building consisting of three or more dwelling units, including apartments and condominiums that have common building elements such as entrances, corridors, driveways and garages and where the property on which the building is located is owned by a single party.

DWELLING, SINGLE-FAMILY ATTACHED: A building consisting of three or more dwelling units separated by common vertical walls where each unit is located on, or intended to be located on its own lot and may have an entrance opening directly to the outside.

DWELLING UNIT: Space within a building comprising of living, dining, sleeping, storage, cooking, bathing and toilet facilities, all used by only one family as defined herein.

DWELLING UNIT, SINGLE-FAMILY: A building consisting of a single dwelling unit only, separated from other dwelling units by open space.

DWELLING UNIT, TWO-FAMILY: A building consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances, circulation, cooking, sleeping, or bathing facilities.

EASEMENT OF ACCESS: A portion of land intended for the sole purpose of providing ingress/egress to a landlocked parcel. An easement of access shall not include land encumbered by a cross access easement.

EAVE: The lower edge of a sloping roof surface; the top edge of a parapet or the top of a flat roof (for additional information regarding eave locations, building height or mansard roofs, see section 10-11-2, figure 5 of this title).

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

ELECTRIC VEHICLE: Any vehicle that is licensed and registered for use on public and private highways, roads, and streets that contains equipment to accept charging from an electric vehicle charging station and that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board via a battery for driving purposes. "Electric vehicle" includes: (1) a battery powered electric vehicle operated solely by electricity; and (2) a plug-in hybrid electric vehicle that operates on electricity and gasoline and has a battery that can be recharged from an external source.

ELECTRIC VEHICLE CHARGING STATION: Public or private charging station equipment that has as its primary purpose, the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

ELECTRIC VEHICLE CHARGING STATION, ACCESSIBLE: A charging station for a handicapped parking space as defined by the Illinois Accessibility Code.

ELECTRIC VEHICLE CHARGING STATION, PRIVATE: A charging station that is: 1) privately owned and has restricted access (e.g., single-family home, executive parking, designated employee parking, reserved parking in multi-family parking lots, etc.), or 2) publicly owned and has restricted access (e.g., fleet parking with no access to the general public).

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

ELECTRIC VEHICLE PARKING SPACE: Any parking space that is clearly identified to be used exclusively for the parking of an electric vehicle.

FAMILY: One or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization, and including foster children placed by appropriate order of the court. A family may include no more than two adult persons unrelated by blood, marriage, adoption or foster child arrangement. A family may also include no more than four unrelated persons 55 years of age and older. Group homes and sheltered care facilities shall not be subject to the definition of family.

FENCE: A tangible barrier constructed of any allowable material erected for the purpose of providing a boundary or as a means of protection, or to prevent uncontrolled access, or for decorative purposes (such as an ornamental gate or ornamental gates), and/or to screen from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it.

FENCE, OPEN: A fence, including entrance and exit gates, designed and constructed so that the surface area of any segment of such fence contains at least 33.3 percent open spaces, as compared to solid materials.

FENCE, SOLID: A fence, including solid entrance and exit gates, which effectively conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it.

FLOOD: The condition existing when the waters of any watercourse, pond or depression 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.

FLOOD FREQUENCY: A period of years, based on statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded.

FLOOD FRINGE: The higher portion of the floodplain, immediately adjacent to and on either side of the floodway, occupied by quiescent or slow moving waters during floods.

FLOOD INSURANCE STUDY (FIS): An examination and evaluation of hydrologic and hydraulic data sponsored by the federal insurance administration to determine base flood flows, elevations, areas, and floodways. The FIS also determines flows, elevations and areas of floods having lesser and greater frequencies of occurrence.

FLOOD PROFILE: Graphical representations of the elevations of the water surface of the 100-year flood along the watercourses of the Village.

FLOOD PROTECTION ELEVATION: The elevation to which uses regulated by this title are required to be elevated or floodproofed.

FLOOD RETURN PERIOD: See definition of "flood frequency."

FLOODPLAIN: The special flood hazard lands adjoining a watercourse, whose surface elevation is lower than the base flood elevation, that are subject to periodic inundation during floods.

FLOODPROOFING: Modifications to structures made to reduce flood damages. These changes may be made to existing structures or incorporated in the design of new structures. In all instances, floodproofing must be watertight and must be adequate without the need for human intervention.

FLOODWAY: The channel of a watercourse and those portions of the adjoining floodplains which are required to carry and discharge the 100-year flood with no significant increase in the base flood elevation.

FLOODWAY ENCROACHMENT LINES: The lateral boundaries of the floodway which separate it from the flood fringes.

FLOOR AREA, GROSS: The sum of the gross horizontal area of the several floors of a building, excluding area covered by roofed terraces and roofed porches and excluding attics, basements and walk out basements. All dimensions shall be measured from exterior faces of walls.

FLOOR AREA, NET (To Be Used In Calculating Parking Requirements): The gross floor area of a building for a specified use excluding floor space devoted to stairwells at each floor, washrooms intended for general public use, elevator shafts at each floor, public foyers and atria intended for general public use, and floor space and shafts used for mechanical, electric, and plumbing equipment.

FLOOR AREA RATIO: The numerical value obtained through dividing the floor area of a building or buildings by the net area of the zoning lot on which the building or buildings are located or intended to be located.

FOOD PANTRY: A facility owned or operated by a public or non-profit organization that provides food directly to those in need. Food pantries receive, buy, store, and distribute food. A food pantry may be accessory to a place of worship, social service center, or other non-for-profit.

FOOD TRUCK: A licensed, motorized vehicle which is temporarily parked on a government or privately owned lot from which food and/or beverages are sold to the general public but not including ice cream trucks.

FREEBOARD: An increment of elevations added to the base flood elevations to provide a factor of safety for uncertainties in calculations, unknown localized conditions, wave actions, and unpredictable effects such as may be caused by ice or debris jams.

FREQUENCY: The number of oscillations per second in a sound wave, measuring the pitch of resulting sound.

FRONTAGE: All the property on one side of a street or highway.

GARAGE, PRIVATE: A detached accessory building or portion of a principal building used or occupied for the parking or temporary storage of household goods, automobiles, travel trailers and/or boats of the occupants of the premises and wherein:

(A)

Not more than one space is rented for parking to persons not resident on the premises; and

(B)

No more than one commercial vehicle per dwelling unit is parked or stored.

GARAGE, PUBLIC: A principal building or accessory building other than a private garage, used or occupied for parking or temporary storage of vehicle and in which no other service shall be provided for remuneration.

GARAGE SALE: The sale of miscellaneous used items commonly associated with residential use. Garage sales shall not be for the sale of primarily a single commodity. The term "garage sale" includes "sidewalk sale", "yard sale", "basement sale", and "estate sale".

GARAGE, SERVICE STATION: Buildings and premises where gasoline, oil, grease, batteries, tires or motor vehicle accessories may be supplied and dispensed at retail and where, in addition, services and sales incidental to normal maintenance and repair of motor vehicles may be made, but such services and sales shall not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operable condition, or other work involving noise, glare, fumes, smoke or other nuisance factors.

GARAGE, SIDE LOAD: A private garage where the overhead doors are perpendicular to the front lot line and generally not visible from a public way.

GARAGE, STORAGE: Any building used or occupied for the storing of vehicles to be offered for sale or rental.

GRADE: The average elevation of the surface of the ground of a zoning lot, measured at the four corners of a structure closest to the lot lines, before any dirt is moved.

GRADE, AVERAGE EXISTING: The average grade calculated from the grade elevations at the four points where an imaginary line parallel to the front and rear yard setback lines and touching the proposed structure intersects the required side yard setback lines.

GROUP HOME: A residential building housing not more than four people who have a physical or mental impairment that substantially limits one or more major life activities, living with professional staff who function as surrogate parents. The group home houses individuals who are undergoing treatment or rehabilitation and constitutes a single housekeeping unit. A group home does not include a nursing home, hospital, adult day care center, child daycare center or a dwelling unit or living quarters which serves to house persons as an alternative to incarceration for a criminal offense. Where a sponsoring agency of the group home is required to be licensed or certified by the state, that sponsoring agency must maintain at all times a current and valid Illinois State license or certification by the State to operate. Five or more residents may be permitted by special use in certain districts. In cases where a special use is required, the total number of occupants of a group home may be further limited by the conditions of the special use where lawful.

HEALTH SPA: A place or building where exercise, physical therapy, and related fitness activities are performed utilizing weight control or muscle building equipment or apparatus for the purpose of physical fitness. Also, a place or building that provides massage, exercise, and related activities with or without such equipment.

HISTORICAL FACILITY: A facility devoted primarily to historic preservation, education, and the administration of activities or events related to those purposes including displaying, preserving, and exhibiting objects of historic, architectural, or archaeological interest.

HOME OCCUPATION: Any occupation, business or commercial enterprise conducted within the home.

HOSPITAL: A place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons, and those who are in need of medical and surgical attention, and who are provided board or room and kept overnight.

HOTEL, MOTEL AND APARTMENT HOTEL: A building in which lodging or boarding and lodging are provided and offered to the public for compensation.

HYDROSTATIC UPLIFT: The upward pressure exerted on floor slabs or an entire structure by standing water or groundwater, which tends to float a structure or crack the floor. It is based on the difference in elevation between the surface levels of the water. Hydrostatic pressure may also be horizontal, imposing forces on walls causing them to crack or fail.

IMPERVIOUS SURFACE: Any solid material supported by the surrounding ground, including, but not limited to, compacted gravel or limestone, concrete, brick, paver stone or asphalt of which 50 percent or greater of the whole surface or portion thereof is incapable of allowing water to penetrate and which is commonly used for walkways, parking lots, driveways or recreation areas.

IMPROVED STREET: A public or private street that is constructed or planned to be constructed in accordance with an approved plat of subdivision.

INDOOR AMUSEMENT: Establishment providing five or more indoor player operated amusement or entertainment devices or machines. Such devices may include such things as pinball machines, video games, shuffleboard, dartboards and billiard tables. Typical uses include game rooms, billiard halls and video arcades. Indoor amusement shall not be constructed so as to include a bingo hall, gambling devices or any other devices prohibited by law.

KENNEL OR CATTERY: Any business, premises, or portion thereof, in which more than four dogs or cats or similar household companion animals over four months of age are boarded overnight for compensation, bred, or kept for sale including boarding kennels, animal shelters, care services, pet resorts/hotels, animal rescue, and pet adoption centers.

KINDERGARTEN, STAND ALONE: A kindergarten not located in the same building as an elementary school or preschool that provides educational instruction for four to six year olds.

LAUNDRY, COMMERCIAL: Dry cleaning or laundry establishments, other than laundry retail, where the cleaning process is done on the premises by the operator of the establishment.

LAUNDRY, RETAIL: Dry cleaning or laundry establishment where the cleaning process is self-service or is done on the premises in equipment units of 30 pounds' or less capacity or is received for processing off the premises.

LIVE ENTERTAINMENT: Any musical act (including karaoke), theatrical act (including standup comedy), play, revue, scene, dance act or song and dance act, or any combination thereof, performed by one or more persons, whether or not they are compensated for the performance. Live entertainment applies to privately owned premises that are open to the public, whether or not admission is charged.

LOADING SPACE, OFF STREET: An open area of land other than a street, public way, or required parking space, the principal use of which is for standing, loading and unloading of motor trucks, tractors and trailers, to avoid undue interference with the public use of streets and alleys.

LOT: A parcel or tract of land.

LOT COVERAGE RATIO: The numerical value obtained through dividing the sum of the gross horizontal area of the footprint of all buildings and covered or roofed structures on a zoning lot by the area of the zoning lot on which the buildings are located or intended to be located.

LOT, FRONT OF: The narrowest portion of a zoning lot which abuts a street.

LOT LINES: The dividing lines between a public way and an abutting lot, piece or parcel or the projected dividing lines between lots, pieces and parcels without regard to any recorded plat.

The front lot line is the front street line. The corner side lot line shall be the street line that is not the front lot line.

The rear lot line is the lot line most nearly parallel to the front lot line.

Other lines are side lot lines.

LOT MEASUREMENTS: A lot shall be measured as follows:

(A)

Depth of a lot shall be considered to be the average distance between the front and rear lot line.

(B)

Width of a lot shall be considered to be the distance between side lot lines measured at the minimum required front yard setback line in the zoning district.

(C)

The measurement of lot frontage shall be considered to be the distance between side lot lines at the street right-of-way. If the side lot lines do not intersect the street right-of-way, the lot frontage shall be only that portion of the lot line abutting the street that coincides with the street right-of-way. For an arc shaped lot line, the lot frontage shall be the tangent or chord dimension toward the interior of the lot.

(D)

The area of a lot shall be computed exclusive of any portion of the right-of-way of any public or private street or easement of access.

For all plats approved by the Village after March 1, 1999, the area of a lot shall also be exclusive of any approved stormwater storage area or 100-year flood area. However, floor area ratio and lot coverage ratio shall be calculated using the gross lot area.

(E)

In the event a recorded distance and a measured distance differ, the Village shall accept the recorded distance.

LOT OF RECORD: An area of land which is designated as a separate platted subdivision lot in a subdivision plat prepared in accordance with the plat act and recorded in the Office of the County Recorder of Deeds.

LOT TYPES: Terminology used in this title with reference to corner lots, interior lots, through lots, and reversed corner lots is as follows:

(A)

A corner lot is a lot located at the intersection of two or more streets. A lot abutting on a curved street shall be considered a corner lot if straight lines projected tangent to the curve from the points of intersection between the curve and the side lot lines meet at an interior angle of less than 135 degrees.

(B)

An interior lot is a lot other than a corner lot with only one frontage on a street.

(C)

A through lot is a lot which fronts on two improved streets which do not intersect at the boundary of the lot.

(D)

A reversed corner lot is a corner lot where the corner side lot line is substantially a continuation of the front lot line of the adjacent lot. See section 10-11-2 - Figure 1.

LOT, ZONING: A single tract of land in common ownership located within a single block, which is used or occupied for any principal use, whether permitted, special or nonconforming. A "zoning lot" need not coincide with a lot of record, and may consist of:

(A)

A single lot of record;

(B)

A portion of a lot of record;

(C)

A combination of complete lots of record; of complete lots of record and portions of lots of record; or of portions of lots of record;

(D)

A piece of property described by metes and bounds.

LOW SLOPED ROOF: See definition of "roof, low sloped."

MAINTENANCE AND STORAGE FACILITIES: Land, buildings and structures devoted primarily to the maintenance and storage of construction equipment and material.

MEDICAL CANNABIS DISPENSARY: A business regulated and authorized by the State of Illinois to sell legal quantities of cannabis derived products, including marijuana, to patients who are also authorized by the State of Illinois to purchase cannabis.

MICRO FOOD AND BEVERAGE MANUFACTURING: An establishment not exceeding 5,000 square feet in floor area where food, beverages, and/or alcohol are processed or otherwise prepared and which may include the distribution of such items.

MOBILE HOME: A structure transportable in one or more sections, which is built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

MOTEL: See definition of "hotel, motel and apartment hotel."

NAIL SALON: An establishment providing nail care services, such as manicures, pedicures, and nail extensions.

NONCONFORMITY: A building, structure or use of land (including use of a zoning lot) which does not conform to the zoning regulations of the district in which it is situated.

NURSERY: Land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping.

NURSING HOME: A place or residence for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter, or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. "Nursing homes" typically provide ongoing, on site medical care.

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

OCCUPANCY CERTIFICATE: A written statement by the Director of Community Development or the Building and Zoning Official that the building, use and premises is in compliance with all applicable standards, including this title.

OCTAVE BAND: A term denoting all the sound frequencies between any given frequency and double that frequency.

OFFICE, MEDICAL: An office used by one or two licensed medical practitioners for the diagnosis, treatment or care of human beings on an outpatient basis.

100-YEAR FLOOD: A flood magnitude with a one percent statistical chance of being equaled or exceeded during any year. A flood this large would be reached once during a 100-year period, on the average. However, the occurrence of such an event does not diminish the chance of its recurring again at any time.

OPEN SPACE: That part of a lot on which no part of a building or structure extends above the following elevations:

(A)

Two feet above the highest curb elevation of the street or streets that bound the lot;

(B)

One foot above the adjacent curb elevation for each one and one-fourth foot the building or structure is set back from the street lot line, except that no portion of the structure shall exceed 12 feet above the adjacent curb elevation. However, in no event shall any such structure included within "open space" extend more than two feet above the highest curb elevation bounding the lot.

OUTDOOR BEAUTIFICATION DISPLAY: Outdoor displays of live or artificial plants, sculptures, statues and other similar displays of art and vegetation used to beautify and enhance the appearance of the Village provided that such items are not offered for sale.

OUTDOOR DINING AREA: An area set up outside the confines of a commercial structure which may include, but not be limited to, tables, chairs, and other furnishings for the purpose of selling, offering for sale, and serving food and beverages by an adjoining business. An outdoor dining area may include an Outdoor Dining Platform.

OUTDOOR DINING PLATFORM: A raised level surface on which persons or items can be placed and that allows an outdoor dining area to serve as an extension of an adjacent sidewalk. Typical elements of an outdoor dining platform may include a base, railings, and other durable materials that shall withstand wear and tear of weather elements, and surface materials textured or treated to ensure a safe walking surface. Such platforms shall be designed and constructed in a safe and workmanlike manner and shall conform to all applicable Village building and life safety regulations.

OUTDOOR MERCHANDISE: The display of products or services that are offered for sale or purchase and which are not located within an enclosed building.

OUTDOOR STORAGE: The outdoor storage of any material, object, or item for a period greater than 96 hours, including, but not limited to, items for sale, lease, processing and repair (including vehicles) not in an enclosed building and excluding outdoor beautification displays and tables or chairs associated with an approved outdoor eating area.

PARK OR PLAYGROUND, PUBLIC: A land use designed principally to offer recreation, passive and/or active, to the public.

PARKING LOT: An open vehicle parking area containing more than four parking spaces.

PARKING SPACE: A hard surfaced area other than a street or alley accessible from an approved driveway approach and upon which vehicles may be parked.

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.

PERMANENT MAKEUP: A type of permanent cosmetic application through the practice of placing ink or other pigment into the skin or mucosa by the aid of needles or any other instrument used to puncture the skin for the purpose of permanent cosmetic restoration or enhancement of the epidermis for re-pigmentation. The use is also commonly known as microblading, micropigmentation, dermal implantation, microstroking, eyebrow embroidery, and long-time/long-lasting makeup. This category of services does not include other forms of body art such as tattooing, body piercing, or the adornment of the body with letters, images, drawings, or other illustrations.

PERMITTED USE: A use of land, building or structure expressly permitted within a district.

PLANNED UNIT DEVELOPMENT: One or more uses accommodated in a planned environment under more flexible standards than those allowed in the district(s) in which the development is located.

PORCH: A one-story roofed structure attached to the house with no floor space above and no more than two sides of the porch are enclosed by a vertical wall, window or screened surface.

PORCH, RAISED: A porch, with a minimum of 24 inches above any approaching walkway and that extends at least 75 percent of the maximum width of a house, where the floor surface of the porch extends at least seven feet from any adjacent wall surface behind or above.

PREMISES: A lot together with all buildings and structures thereon.

PRIVATE UTILITY USE OR FACILITY: Utilities that are not subject to Village acceptance for operation or maintenance. For purposes of this Code, private utilities may include such things as natural gas lines or facilities, power lines and plants, communication lines and facilities (with the exception of telecommunication uses) and similar uses and facilities.

PUBLIC USES: Administrative and cultural buildings, uses and structures, including buildings, lots and facilities owned, used or operated by any governmental agency.

PUBLIC UTILITY AND PUBLIC SERVICE FACILITY: Power plant, or bus, rail station, or other transportation depot, water treatment plant or pumping station, sewage disposal or pumping plant and other similar public service structures erected, operated or regulated by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including, but not limited to, electrical, gas, rail transport, communication, public water and sewage services facilities.

PUBLIC WAY: An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.

RANCH HOUSE: A single-family detached residence which has a single story above grade.

RECREATIONAL EQUIPMENT: A barbecue pit, hot tub, paved court, play structure and equipment, sauna, swimming pool, swing set, tree house, and other similar structures.

RECREATIONAL VEHICLE: Any camping trailer, motor home, mini-motor home, travel trailer, truck camper, van camper, and boat trailer used primarily for recreational purposes and not used commercially, as well as any vehicle bearing recreational vehicle (RV) registration (license) plates.

RESEARCH ACTIVITIES: The conduct of research, development and testing in various fields of science, such as, but not limited to, chemistry, pharmacy, medicine, electricity, transportation and engineering.

RESIDENTIAL SPORT COURT: Any hard surface or material and associated appurtenances (lights, nets, poles, screens, etc.) designed and constructed for the purpose of recreational and sporting activities on a lot used for residential purposes.

RETAIL ESTABLISHMENT: A place of business devoted in whole or in part to the sale, rental and/or servicing of goods or commodities which are normally delivered or provided on the premises to a consumer.

RIGHT-OF-WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities.

RIVERINE: Relating to, formed by, or resembling a river (including tributaries, streams, creeks or brooks).

ROOF, LOW SLOPED: Any roof surface with a pitch less than three inches vertically in 12 inches horizontally (3:12), including flat roofs.

SCHOOL, ELEMENTARY OR HIGH: A public or private educational institution whose principal use is the offering of primary and secondary school classes - grades K through 12.

SCREENING: Any structure or vegetation that conceals, protects or separates.

SEAT: The number of devices for seating individual persons or the number of spaces allocated for seating individuals (but not less than 24 linear inches) in multiperson seating units.

SETBACK LINE: A line generally parallel with and measured from the lot line, defining the limits of a yard within which no building or structure may be located above ground, except as may be permitted by this title. A required front yard setback on a lot which does not abut a public right-of-way shall be measured beginning 15 feet from the closest edge of the curb or pavement of a private street or access drive on the same side as the principal 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.

SIDEWALK: That portion of the road right-of-way which is paved and intended for the use of pedestrian traffic.

SIGN: An identification, description, illustration, or device illuminated or not illuminated, which is visible from any public place or is located on private property and exposed to the public, and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise or any emblem, painting, banner, pennant, placard or temporary sign designated to advertise, identify or convey information, and which is subject to regulation by the sign ordinance. For purposes of removal, signs shall also include sign structures.

SOLAR ENERGY SYSTEM. A system intended to convert solar energy into thermal, mechanical, or electrical energy.

SOLAR ENERGY SYSTEM, BUILDING-INTEGRATED. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural part of the building. Building-integrated systems include, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, windows, skylights, shading devices and similar architectural components.

SOLAR ENERGY SYSTEM, GROUND-MOUNTED. A solar energy system that is mounted on the ground and not attached to any other structure other than structural supports.

SOLAR ENERGY SYSTEM, STRUCTURE-MOUNTED. A solar energy system that is mounted on the façade or roof of either a principal or accessory structure flush with a finished building surface, at no more than six inches in height above that surface.

SOLAR PANEL. A group of photovoltaic cells assembled on a panel.

SPECIAL USE: Includes, but is not limited to: a) public and quasi-public uses affected with the public interest; b) uses which may have a unique, special or unusual impact upon the use or enjoyment of neighboring property; and c) planned unit developments.

SPECIAL USE PERMIT: The ordinance authorizing a special use.

STANDARD SHRUB: A standard shrub is any plant specimen, evergreen or deciduous, which upon maturity occupies a space not less than 18 cubic feet. The plant selection shall be made from the recommended list of plant materials presented in the "Appearance Guide And Criteria" for the Village of Glen Ellyn.

STANDARD TREE: A tree with a minimum caliper of three inches (measured one foot above ground), ten to 12 feet high, of a deciduous or evergreen variety which is normally capable of attaining a 25 foot overall spread when the plant is 20 years old. The plant selection shall be made from the recommended list of plant materials presented in the "Appearance Guide And Criteria" for the Village of Glen Ellyn.

STORAGE LOT, VEHICLE: An open, hard surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles, and not available to the public.

STORMWATER STORAGE AREA: That portion of a parcel of land which is utilized to meet the requirements of the DuPage County countywide stormwater and floodplain ordinance or the Village of Glen Ellyn stormwater and floodplain regulations or which is restricted from development by a recorded easement for the purpose of storing stormwater. A stormwater storage area may include, but is not limited to, "stormwater detention easement", "stormwater control easement", "easement for wetland", and "conservation easement".

STREET, PRIVATE: An undedicated street, privately owned and maintained, and intended as a primary means of access to a lot or lots.

STREET, THOROUGHFARE OR ROAD: A right-of-way as specified in the official plan of the Village of Glen Ellyn, which affords primary means of access by pedestrians and vehicles to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, court, or however otherwise designated.

STRUCTURAL ALTERATION: Any change, except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, but not including openings in bearing walls.

STRUCTURE: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, signs, air conditioning units and heat pumps, and other fixed mechanical equipment.

STRUCTURE OR BUILDING, PRINCIPAL: A building permanently affixed to the land in which is conducted the main or principal use of the lot on which said building is situated.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals 50 percent of the fair market value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not, however, include either: a) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or b) any alteration of a structure or site documented as deserving preservation by the Illinois department of conservation or listed on the national register of historic places.

SWIMMING POOL: A pool, open tank or other containment of water intended for swimming or bathing, containing at least 24 inches of water at any point and maintained by the owner or manager.

(A)

Private: Exclusively used without paying an additional charge for admission, by: the residents and guests of a single household; a multi-family development; the members and guest of a club; or the patrons of a motel or hotel.

(B)

Public: All other pools.

TERRACE (OR PATIO): An open and roofless paved surface area located on the ground directly adjacent to a principal building and typically used for leisure purposes.

THROUGH LOT: See definition of "lot types."

TOBACCO, VAPE AND SMOKE SHOP: A retail establishment primarily engaged in the selling of pre-packaged smoking and tobacco products, alternative nicotine products and/or vapor products, as defined in section 3-6-2 of the Village Code and as amended from time to time, and which may include components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any products or other substances. For the purposes of this definition only, "primarily engaged" means when the primary source of the establishment's revenue comes from the sale of pre-packaged smoking and tobacco products, alternative nicotine products, vapor products, related products and accessories, and in which the sale of other products is merely incidental. This definition does not include a section or department of a larger commercial establishment that sells tobacco products such as a gas station or a grocery store.

TOWER AND ANTENNA, RADIO OR TELEVISION: Structure attached to a building or a detached structure affixed to the ground, used in the transmission, relaying or receiving of electromagnetic waves or signals.

TOWNHOUSE: See definition of "dwelling, single-family attached."

TRANSPORTATION PLAN: That portion of the Comprehensive Plan adopted by the Village Board indicating the general location recommended for expressway, arterial, collector and local thoroughfares within the corporate limits of the Village and/or unincorporated areas within the planning jurisdiction of the Village.

TURRET: A pyramidal or conical tower-like structure that projects vertically from the edge of a building.

USE: The specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained. Use includes construction, establishment, maintenance, alteration, enlargement and occupation.

VARIATION: An ordinance granting specific relief from the requirements of this title.

VETERINARY ANIMAL HOSPITAL OR CLINIC: A place used for the care, grooming, diagnosis and medical and surgical treatment of sick, ailing, infirm, or injured animals and which may include overnight accommodations.

VISIBILITY (OR SAFE SIGHT) TRIANGLE: That portion of a corner lot between intersecting property lines (actual or extended) parallel to streets and a straight line connecting them at points 30 feet distant from the point of intersection.

WATERCOURSE: Any river, stream, creek, brook, branch or other drainageway in or into which stormwater runoff and floodwater flow either regularly or intermittently.

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

YARD: An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

YARD, CORNER SIDE: The open space between the closest point of the principal building and the corner side lot line and extending from the front line of the building to the rear lot line.

YARD, FRONT: The open space across the full width of the lot extending from the closest point of the front line of the principal building to the front line of the lot. On corner lots, the front yard shall face the shortest dimension of the lot adjacent to the street.

YARD, REAR: The open space extending the full width of the lot between the closest point of the principal building and the rear lot line.

YARD, SIDE: The open space between the closest point of the principal building and the side line of the lot and extending from the front line to the rear line of the building.

YARD WIDTH: The horizontal distance from the adjoining lot line to the closest point of the principal or accessory building.

ZONING CERTIFICATE: A written statement by the Director of the Department of Community Development or the Building and Zoning Official attesting that the application complies with all pertinent requirements of this title.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; amd. Ord. 3953, 9-28-1992; Ord. 4194, 9-12-1994; Ord. 4195, 9-12-1994; Ord. 4235, 2-13-1995; Ord. 4282, 8-14-1995; Ord. 4673, 12-14-1998, eff. 3-1-1999; Ord. 5035, 1-14-2002, eff. 3-1-2002; Ord. 5123, 12-16-2002, eff. 1-1-2003; Ord. 5365, 6-13-2005; Ord. 5543, 1-22-2007; Ord. 5554, 2-26-2007; Ord. 5591, 7-23-2007; Ord. 5650, 1-28-2008; Ord. 5886, 9-13-2010; Ord. 6015, 3-26-2012; Ord. 6043, 6-25-2012; Ord. 6144, 6-24-2013; Ord. 6207, 1-13-2014; Ord. 6208, 1-13-2014; Ord. 6228, 4-14-2014; Ord. 6303, 3-9-2015; Ord. 6601, 5-14-2018; Ord. 6607, 6-4-2018; Ord. 6619, 8-27-2018; Ord. 6674, 2-25-2019; Ord. 6742, 12-9-2019; Ord. 6761, 1-27-2020; Ord. 6855, 2-22-2021; Ord. 6903, 9-13-2021; Ord. 6960, 5-23-2022; Ord. No. 7105, 5-13-2024)