The ordinance from which this chapter is derived is adopted to:

(1)

Promote the public health, safety, morals, comfort and general welfare of the citizens of the Village;

(2)

Conserve the values of property throughout the Village and protect the character and stability of residential, business and industrial areas;

(3)

Promote orderly and beneficial development in accordance with the optimum development of the Chicago Metropolitan Region and in furtherance of the comprehensive plan for the development of the Village;

(4)

Provide adequate light, air, privacy and convenience of access to property;

(5)

Lessen or avoid congestion in the public streets and highways in the Village and surrounding areas;

(6)

Regulate and restrict the location and use of buildings, structures and land for trade, industry, residence and other uses, and regulate and restrict the intensity of such uses;

(7)

Divide the Village into districts of such numbers, shapes, areas and different classes, according to the uses of land and buildings and the intensity of such uses, as may be deemed best suited to carry out the purposes of this chapter;

(8)

Prohibit locations and uses of buildings or structures and uses of land that are incompatible with the type of development planned for specified zoning districts in the Village;

(9)

Prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under this chapter;

(10)

Protect against fire, explosion, noxious fumes and other dangers;

(11)

Fix reasonable standards to which buildings and structures shall conform;

(12)

Provide for the gradual elimination of those uses that would not now be permitted in the district in which they are located and are adversely affecting the orderly and beneficial development of the Village;

(13)

Define and limit the powers and duties of administrative officers and bodies as provided in this chapter; and

(14)

Prescribe penalties for the violation of and methods for the enforcement of the provisions of this chapter or any amendment thereto.

(Code 1959, § 24.2.1; Ord. No. 4512, 4-15-2003)

Except as otherwise specifically provided:

(1)

No building or other structure, or part thereof, shall be erected, constructed, enlarged, moved or structurally altered, and no building, other structure or land shall be used, occupied, or arranged or designed for use or occupancy, except as permitted by the regulations of this chapter for the zoning district in which such building, other structure or land is located, nor shall any excavating or grading be commenced in connection with any of such matters.

(2)

No building or other structure, or part thereof, shall be erected, constructed, reconstructed, enlarged, moved or structurally altered to:

a.

Have a greater height;

b.

Accommodate or house a greater number of families;

c.

Occupy a greater percentage of lot size; or

d.

Have a narrower or smaller rear yard, side yard, front yard or other open space,

than is specified by the regulations of this chapter that are applicable in the district in which such building or other structure is located, except that, upon submission of proof satisfactory to the building and zoning director that an honest error has been committed in the placement of a structure not more than six inches into a required front yard, side yard or rear yard, the building and zoning director shall have the power to permit such placement.

(3)

Not more than one principal residential building shall be located on a single lot in any district designed for single-family dwellings.

(4)

No part of the lot size or yard, other open space or off-street parking or loading space provided in connection with any building or other structure or use in order to comply with this chapter shall, by reason of change of ownership or otherwise, be included as part of the lot size or yard, other open space or off-street parking or loading space required for any other building, other structure or use, except as specifically provided in this chapter.

(5)

All of the lot size, and yards and other open spaces provided in connection with any building, other structure or use in order to comply with this chapter shall be located on the same lot as such building, other structure or use.

(6)

No part of the lot size, yard, other open space or off-street parking or loading space provided in connection with any building, other structure or use, including, but not limited to, any building, other structure or use existing on the effective date of the ordinance from which this chapter is derived (April 7, 1975) or any amendment thereto, shall subsequently be reduced below, or further reduced if already less than, the minimum requirement of this chapter for equivalent new construction.

(7)

This chapter is not intended to regulate the placement of poles, wires, cables, conduits, laterals, pipes, mains and valves or any other similar distributing equipment of a public utility.

(8)

Any storage, stockpiling or accumulating of dirt or other fill, except when located on a site for which a building permit has been issued, and except that located on a parcel of land zoned for the sale of building materials, is hereby prohibited.

(9)

No person shall elevate, or cause to be elevated, the grade of any lot or plot of ground more than four inches above the approved finished grade established and on file with the Village, or, if no grade has been established, the established grade shall be the ground elevation existing on the effective date of the ordinance from which this chapter is derived (April 7, 1975), without specific approval from the village engineer. Fill or structures shall not be placed in such a manner as to block or interfere with the free passage of surface water to a watercourse, swale or drainageway.

(Code 1959, § 24.3.4; Ord. No. 4512, 4-15-2003)

(a)

In the construction of this chapter, the provisions and rules of this article shall be observed and applied, except when the context clearly requires otherwise.

(b)

Unless otherwise specified, all distances shall be measured horizontally.

(Code 1959, § 24.15.1; Ord. No. 4512, 4-15-2003)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use means the same as defined in section 98-212.

Adult-use cannabis business establishment means an adult-use cannabis cultivation center, adult-use cannabis craft grower, adult-use cannabis processing organization, adult-use cannabis infuser organization, adult-use cannabis dispensing organization, adult-use cannabis transporting organization, or adult-use cannabis on-premises consumption establishment.

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

Alley means a dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property.

Alteration, structural. See the definition in this section of the term Structural alteration.

Animal hospital and veterinary clinic mean a building, or portion thereof, in which the principal use is the care or treatment of domestic companion animals under the supervision of a licensed veterinarian.

Animal kennel means any establishment or premises wherein or whereon any number of animals are kept for the purpose of sale or rental, or in connection with the boarding, handling, training, care or breeding of such animals for which any fee is charged. Household pets whose handling, training, care or breeding is incidental to the status of household pets are hereby excluded from this definition.

Apparel store means a store selling new clothing for men, women or children at retail.

Appliance repair means the repairing and servicing of common household appliances, such as washing machines, television sets, power tools, electric razors, radios and refrigerators.

Appliance sales means the sale of common household appliances, such as washing machines, television sets, power tools, electric razors, radios and refrigerators, and the repair of the same types of appliances as are sold on the premises where such repairs are incidental or accessory to the sale of such types of appliances.

Arbor means a latticework bower or archway with no more than two posts or colonnades.

Architectural lighting means outdoor lighting directed at buildings, facades, structures, monuments and other architectural features.

Area of sign means the same as defined in section 98-333(9).

Assisted living units means any premises within a continuing care retirement community in which food, shelter, or personal assistance or supervision are provided for a period exceeding 24 consecutive hours for one or more adults who are not relatives of the operator and who require assistance or supervision in matters such as dressing, bathing, diet or medication prescribed for self-administration, but do not require hospitalization or care in a skilled nursing facility.

Auto accessory store means a store engaged primarily in the business of selling tires, batteries, seat covers and other automobile accessories.

Automobile repair and washing means the repairing and servicing of motor vehicles, including body work, and the washing of motor vehicles.

Automobile sales means the sale or rental of new and used automobiles and other motor vehicles in operating condition, including the storage of automobiles and other vehicles in operating condition and the repair and servicing of such vehicles.

Automobile service station means a building or other structure and surrounding land used for the storage and sale of petroleum fuel primarily to passenger vehicles and for accessory uses, such as the sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor repairs.

Automotive sales, online, means the sale or rental of new and used automobiles and other motor vehicles in operating condition via internet advertisement and appointment, including the indoor storage of automobiles and other vehicles in operating condition subject to the special standards for specific uses contained in section 98-185.

Average horizontal footcandle means the average level of illuminance for a given situation measured at ground level with the light meter placed parallel to the ground.

Awning means a rooflike cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

Bakery, retail, means a store engaged in the sale at retail of breads, cakes, cookies and other similar items, including the baking of such items on the premises, but excluding the baking of such items for delivery to wholesale customers or for door-to-door sale or delivery to retail customers.

Banks and financial institutions means commercial banks, currency exchanges, savings and loan associations, brokerage offices and other similar financial institutions, but not including loan offices, finance companies and pawnshops.

Basement means that portion of a building that is greater than one-half story below the average existing grade, as measured at the four corners of the building or structure located nearest to the corners of the lot.

Battery electric vehicles (BEV): Vehicles that only uses energy stored in rechargeable battery packs onboard the vehicle to propel the vehicle. BEVs must be plugged into an external electricity source to recharge.

Bay addition means an extension of interior floor space which protrudes from the façade of a structure whether with or without a foundation which includes open space from the finished floor to the ceiling without a window seat, bench, shelf, or other barrier internal to the space which obstructs the floor area.

Bay window means an oriel, bow or similar addition which protrudes from the facade of a structure and shall include a window seat, bench, shelf, or other barrier internal to the space obstructing the floor area of the addition from the ceiling, and shall be designed in accordance with the provisions of section 98-213(b).

Beam means a concentrated shaft of light.

Beverage distributors means warehouses for the storage and distribution of beer, soft drinks and other beverages, but not including bottling plants and similar industrial uses.

Block means the land adjoining one side of a street between two consecutive junctions of such street with streets, railway rights-of-way or waterways crossing or meeting such side of such street.

Brewpub means a full-service restaurant where beer is brewed or manufactured on the premises, with the primary distribution being in the adjoining full-service restaurant.

Building means any covered structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.

Building, principal. See the definition in this section of the term Principal building.

Bulb means a source of electric light.

Bulk regulations means regulations controlling the size of buildings or other structures and the relationships of buildings, structures and uses to each other and to open areas and lot lines. Bulk regulations include regulations controlling:

(1)

Maximum height.

(2)

Minimum lot size.

(3)

Maximum lot coverage.

(4)

Minimum lot width.

(5)

Minimum size of yards and setbacks.

Bus means a motor vehicle designed for carrying more than ten passengers and used for the transportation of persons for compensation.

Business and professional offices means the office of an engineer, doctor, dentist, attorney, real estate broker, insurance broker, architect or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.

Candela means a unit of luminous intensity commonly referred to as "one candle power."

Canopy means any structure, movable or stationary, attached to and deriving its support from framework or posts, or other means independent of a connected structure for the purpose of shielding a platform, stoop or sidewalk from the elements.

Changeable copy sign, manual, means a sign on which copy is changed manually in the field (i.e., reader boards with changeable letters, numbers or pictorial panels).

Club, private. See the definition in this section of the term Private club.

Compatible retail use means a business establishment which is compatible with the central shopping area of the Village. A particular business establishment is compatible with the shopping area if locating the particular business establishment in the shopping area will:

(1)

Increase interchange of customers with other business establishments in the shopping area; and

(2)

Not create:

a.

Dead spots where a shopper loses interest in going further;

b.

Driveways or other physical breaks in the sidewalk which are larger than required to provide necessary off-street parking and loading;

c.

Traffic hazard, noise, odor, unsightliness or other pedestrian-inhibiting qualities; or

d.

Heavily increased nonshopper traffic.

The presence or absence of competition between the particular business establishment and surrounding establishments shall not be considered a factor in determining compatibility.

Conditional use means a use which is limited to public and quasi-public uses affected with the public interest, or uses which may have unique, special or unusual impact upon the use or enjoyment of neighboring property, meeting reasonable conditions and standards, and permitted only after a public hearing.

Continuing care retirement community (CCRC) means a planned residential development intended for individuals 62 years of age or older, or couples at least one member of which is 62 years of age or older. The CCRC shall be distinguished from other forms of residential development by the fact that it shall include a licensed nursing care facility as an integral part of the development. The licensed nursing home component shall be developed and created in accordance with the applicable provisions of the Illinois Administrative Code as such provisions are administered and enforced by the relevant agencies. The CCRC shall also provide facilities for varying degrees of assisted living for residents and other such accessory uses that may be appropriate for a CCRC. The form of business structure of the development (i.e. rental, endowment, condominium, etc.) is irrelevant to a determination that it is a CCRC.

Cooking space means an area used for food preparation including the use of kitchen appliances including stoves, ranges, ovens, microwaves, refrigerators, freezers, mixing equipment, blenders, and similar appliances but shall exclude secondary beverage service areas improved with only bar counters, sinks, compact refrigerators, freestanding freezers, dishwashers, and/or wine cellars.

Corner lot means a lot which adjoins the point of intersection or meeting of a street or two or more streets and in which the interior angle formed by the street lines is 135 degrees or less. If the street lines are curved, the angle shall be measured at the point of intersection of the extensions of the street lines in the directions which they take at the intersections of the street line with the side lot line and with the rear lot line of the lot. If the street line is curved at its point of intersection with the side lot line or rear lot line, the tangent to the curve at that point shall be considered the direction of the street line.

Craft brewery means an establishment where beer is manufactured in quantities not exceeding those prescribed by the Illinois Liquor Control Act of 1934 for a Craft Brewer's License. The establishment may include a tasting room where beer manufactured onsite is served. Craft breweries granted conditional uses in the Downtown, B-1, B-2, B-3, and MURC districts shall manufacture less than 157,500 gallons annually.

Cutoff fixture means a fixture that provides a cutoff (shielding) of the emitted light.

Day care center means any State licensed child facility receiving three or more children for daytime care during all or part of the day. Such term includes facilities commonly referred to as "infant and toddler centers," "child care centers," "day nurseries," "private kindergartens" and "play groups," and includes after school programs for young school-age children and centers or workshops for mentally or physically handicapped children.

Day care home means a family home which receives up to a maximum of eight children under the age of six between the hours of 7:00 a.m. and 7:00 p.m. The maximum number of 12 children includes the family's natural or adopted children and all other persons under the age of 12 years. Such facility must be licensed by the State department of children and family services (DCFS). If the family home is licensed by DCFS as a group day care home, then an additional four children who are attending school full time may be accepted in the day care home, provided that all licensing standards of DCFS are met. All day care homes shall comply with the rules and regulations of the State fire marshall's office. For all day care home licensees existing in the Village as of March 6, 2007, the maximum number of children under the age of six shall remain 12.

Depth, lot. See the definition in this section of the term Lot depth.

Direct current fast charging (DCFC): EV battery charging that uses DC power to refuel battery electric vehicles (BEVs) at various amperage levels and voltage levels, most commonly 480 VAC, with power outputs ranging between 25 and 350 kW of power and provides 50 to 800 range miles per hour connected. DCFCs convert alternating current (AC) from facility power and output direct current (DC) and volts direct current (VDC), which then delivers DC power to the BEV through a standard connector. DCFCs are sometimes referred to as level 3 EV chargers.

Disability means a physical or mental impairment which substantially limits one or more of a person's major life activities or impairs their ability to live independently, or a record of having such impairment, or being regarded as having such an impairment, but such term does not include current use of or addiction to a controlled substance.

Downtown frame neighborhood means the limits of the area depicted on figure 6 of the Village comprehensive plan and is generally described as those properties zoned as the RT-8 district or R-18 district and located within the area bounded by Grove Street on the north; Waukegan Road on the east; Linneman Street (east of the Chicago, Milwaukee and St. Paul Railroad tracks) on the south; and Washington Street on the west.

Dry cleaning and laundry depot means an establishment or business operated or maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry cleaning equipment or machinery on the premises.

Dry cleaning plant means an establishment in which clothing and other fabrics are dry cleaned professionally and shall comply with the following restrictions:

(1)

The hours of operation shall be from 7:00 a.m.—10:00 p.m., Monday—Saturday;

(2)

The facility would not do work for other dropoff locations;

(3)

There shall be no outside storage of cleaning solvents or residue;

(4)

All equipment used in the process of cleaning will not emit any odors to the exterior of the building;

(5)

There shall be no more than one vehicle used in connection with the business;

(6)

When applying for or renewing a business license, a report from a trained maintenance representative shall be submitted, certifying that the equipment meets factory standards and that all operators have been properly trained on the use of the equipment.

Dry cleaning, self-service, means an establishment providing facilities with which customers may dry clean their own clothes or other fabrics.

Dwelling, multiple-family. See the definition in this section of the term Multiple-family dwelling.

Dwelling, single-family. See the definition in this section of the term Single-family dwelling.

Dwelling unit means one or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use by one family, and which includes one indoor cooking space and lawful sanitary facilities reserved for the occupants thereof.

Eave height means, for a peaked roof, the vertical height, measured at the four most distant corners of a building, between the lowest point of the roof covering material and the average existing grade, and for a flat roof, the vertical height, measured at the four most distant corners of a building, between the highest point of the parapet and average existing grade. For purposes of this definition, the term "average grade" means the existing grade prior to commencement of construction, including demolition, as measured at the four corners of the building or structure located nearest the lot corners.

Efficiency means a measure of the effective or useful output of a system compared to the input of the system.

Elderly means:

(1)

A family, the head of which, or his spouse, is 62 years of age or older;

(2)

The surviving members of any family described in subsection (1) of this definition living in the same unit with the deceased member of the family at the time of his death;

(3)

A single person who is 62 years of age or older; or

(4)

A physically handicapped, nonelderly person between the ages of 18 and 62 years, having a physical impairment which is expected to be of a long continued and indefinite duration, is a substantial impediment to his ability to live independently and is of a nature that such ability could be improved by more suitable housing conditions. Where a senior citizen's housing facility, as defined from time to time in this Code, contains units specifically designed for the occupancy of the physically handicapped, a person shall be permitted to occupy the unit with the physically handicapped nonelderly person, if such occupancy is certified by a licensed physician's certification and approved by any governmental body, if such approval is required to comply with any contractual obligations with that governmental body, to be essential to the care and well-being of the physically handicapped person.

Electric vehicles (EV): Vehicles that fall under the definition of either battery electric vehicles or plug-in hybrid electric vehicles.

Electric vehicle charging infrastructure: "Make ready" electrical equipment including panels with circuit breakers, switchboards, transformers, conduit, wiring, junction boxes, conduit hangers and other interconnections necessary to delivery electrical power from a facility to an EVSE.

Electric vehicle charging station: Equipment designed to safety supply and manage power into plugin EVs. EV charging stations include hard-wired EV charging stations and EV charging stations that plug in to standard wall outlets and may also integrate communication, metering, GPS and other features that assist EV drivers and the host facility.

Electric vehicle power transfer system (EVPTS): Electric power supply and management technology that 1) provides and manages power transferred from a power source to EVSEs, including power transformers, switchboards, panels, circuit breakers and interconnecting conduit and wiring (EVCI), 2) plus the EVSE(s).

Electric vehicle supply equipment: The conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

Existing development means modifications, improvements, additions, and/or expansions to existing buildings or structures and/or establishing new structures or uses upon:

(1)

Land served by basic utilities, including, without limitation, roads, sanitary sewers, water mains, and other public infrastructure; or

(2)

Land upon which buildings or other structures are located.

Family means either:

(1)

An individual or two or more persons, related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; or

(2)

A group of not more than four persons, who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit;

Family community residence means a single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of five—eight unrelated persons, plus paid professional support staff provided by a sponsoring agency either living with the residents on a 24-hour basis or present whenever residents with disabilities are present at the dwelling, and couples with the zoning regulations for the district in which the site is located.

Fence means a freestanding barrier device constructed of metal, masonry, composition or wood, or any combination thereof, and designed for exclusion, confinement or screening, provided such device shall not be electrically charged and, except with respect to restricted areas of public utilities and potentially dangerous installations or enclosures protecting livestock, barbed wire shall not be used in or adjacent to any residential district.

Floodlight means a luminaire intended to illuminate a large area by "flooding" it with light, and which can produce light above the luminaire. A floodlight concentrates the light output into a direct beam in a particular direction by using a reflector or a refractor.

Floor area means the area, measured at floor level, contained between the exterior wall surfaces of a building or other structure or, in the case of rooms, between the exterior wall surface of the building and the center of the enclosing partitions, or between the centerlines of partitions where no exterior wall is affected. (See also section 98-293.)

Floor area ratio (FAR) means the floor area of a structure, divided by the lot area on which the structure is located. The area (square footage) of noninhabitable spaces, such as the attic, basement and garage, shall not constitute floor area for purposes of determining floor area ratios.

Foodstore means a store which sell foods, fresh or frozen, and other items commonly sold in connection therewith, and including, but not limited to, stores commonly referred to as "dairy stores," "delicatessens," "fruit and vegetable markets," "groceries," "health food stores," "nut shops" and "supermarkets." Sales must be made at retail on the premises, but not for consumption on the premises.

Footcandle means the basic unit of illuminance striking a horizontal plane. Footcandle measurement is taken with a light meter. One footcandle is approximately equal to the illuminance produced by a light source of one candela in intensity, measured on a surface at a one foot distance from the source.

Fountain and similar water feature means an ornamental structure from which one or more jets of water are pumped into the air and shall be deemed to include sculptures and statuary with such features, cascades, waterfalls, and similar accessory uses which do not achieve minimum thresholds for classification as pools or pool systems per chapter 18.

Frontage means the length of a front lot line.

Front lot line. See the definition in this section of the term Lot line, front.

Front wall. See the definition in this section of the term Wall, front.

Front yard. See the definition in this section of the term Yard, front.

Frozen food locker means an establishment primarily devoted to furnishing facilities for the storage of frozen foods.

Full-cutoff fixture means a fixture that allows no emission above a horizontal plane through the fixture.

Fully shielded means a luminaire constructed and installed in such a manner that all light emitted by it is projected below the horizontal.

Gatehouse means an enclosed building or shelter, the sole and only purpose of which shall be to house a gate attendant for security purposes.

Glare means the sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted.

Glenview Development Commission—Development Adjustments means the body established in Section 2-461.

Glenview Development Commission—New Development means the body established in Section 2-476.

Ground sign means any sign placed upon or supported by the ground independently of the main building or structure on the property. Signs on accessory structures shall be considered ground signs.

Group community residence means a single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of nine—15 unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis or present whenever residents with disabilities are present at the dwelling, and complies with the zoning regulations for the district in which the site is located.

Headend facility means the signal reception, control and processing equipment used to distribute signals by means of coaxial cable to franchised cable system subscribers and users. Such equipment may include antennas and towers, TVRO equipment and accessories, receivers, processing equipment, modulators and demodulators, scramblers and descramblers, preamplifiers and amplifiers, monitors, signal combiners and microwave earth stations.

Hearing body means the Glenview Development Commission—New Development or the Glenview Development Commission—Development Adjustments, depending on which commission considers an application, petition, or matter in accordance with section 98-43.

Height, maximum, means a horizontal plane above the average of the existing grade (the average grade prior to commencement of construction, including demolition, as measured at the four corners of the building or structure located nearest the lot corners) of the ground at the height shown in the district regulations of which no part of any building or structure shall project through such plane, except:

(1)

Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, penthouses, ventilators, skylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located may extend 12 feet above the portion of the roof on which they are located.

(2)

For flagpoles, water towers and tanks, steeples, monuments, cupolas, silos and barns.

(3)

For television reception antennas or dishes specifically designed for residential application, but only to a height of 12 feet above the roof upon which they are located or the maximum height listed in the district bulk requirements, whichever is greater.

(4)

Freestanding telecommunications antennas or towers shall be no taller in height that the distance, in lineal feet, from the base of such tower to any adjacent lot line which abuts a residential lot or property zoned residential.

Helicopter means any rotary wing aircraft which depends principally, for its support and motion in the air, upon the lift generated by one or more power-driven rotors, rotating on a substantially vertical axis.

Heliport, helipad and helistop mean any area of land, water or structural surface which is designed, used or intended to be used for the landing and takeoff of helicopters, and any appurtenant areas which are designed, used or intended to be used for a heliport, helipad or helistop building or other facilities which have received a certificate of approval from the division of aeronautics of the State department of transportation, or any area designed, used or intended to be used by any helicopter which has received a certificate of registration as a special purpose aircraft from such division of aeronautics.

Holiday lighting means temporary lighting with small individual low wattage bulbs.

Home center means a store engaged in the retail sale of hardware, power tools, paneling, roofing materials and light lumber materials, such as molding, doors, windows and trim.

Hospice means a licensed facility providing residential care for terminally-ill patients that includes skilled nursing care for the management of pain and acute and chronic symptoms.

Hospital means an institution composed of one or more structures dedicated to medical care and treatment, and which includes facilities devoted to surgery, and one or more of the other medical specialties, emergency treatment, and medical and scientific research.

Hotel. See the definition in this section of the terms Motel and hotel.

Hotel, extended stay, means a business establishment in which shortterm or longterm lodging to temporary guests is provided to the public for compensation, with the sole ingress and egress to the rooms through an inside lobby supervised at all hours. Each unit may include food storage and a cooking facility designed for daily, weekly and monthly occupancy. Additional services, such as maid service, furnishing and laundering of linens, telephone and desk service and the use and upkeep of furniture, are also provided. A person shall not occupy an extended stay hotel accommodation as his domicile and/or place of permanent residence for the purpose of attending local schools or to receive park or library services.

Identification sign means the principal sign identifying the business conducted on the premises.

Illuminance means the amount of light falling on a surface, typically measured in footcandles and correlates with the perception of brightness by the human eye.

Infill lot means any lot which is bounded on any front, side, or rear by a lot with an existing residence.

Internet service establishment means a business establishment of which its primary or ancillary activity is providing for the on-site use of personal computers to the public for access to the internet, including but not limited to access to certain software, e-mail, and internet games, excluding games of chance or skill for money or other thing of value, or wagering upon the result of any game, contest, political nomination or election in violation of the Illinois Criminal Code, 720 ILCS 5/28-1 et seq.

Landscape lighting means outdoor lighting directed at trees, shrubs, plants, flower beds, fountains, gardens and other natural or landscaped features.

Laundry means an establishment in which clothing and other fabrics are laundered professionally.

Laundry depot. See the definitions in this section of the terms Dry cleaning and Laundry depot.

Laundry, self-service, means an establishment providing facilities with which customers may launder their own clothes or other fabrics.

Level 1 EV charging: EV battery charging that uses 110 to 120 VAC supply power, with a power range from 880 watts (0.88 kilowatts, kW) to 1,920 kW (1.92 kW) and provides three to six range miles per hour connected. Level 1 EV chargers are supplied with alternating current (AC) and in turn provide AC power to the EV through a standard connector.

Level 2 EV charging: EV battery charging that uses 208 to 240 VAC supply power, with a range from 3.3 kW to 19.2 kW, and provides 16 to 80 range miles per hour connected. Level 2 EV chargers are supplied with alternating current (AC) and in turn provide AC power to the EV through a standard connector.

Light source means any device serving as a source of illumination.

Light pollution means any adverse effect by manmade light. Often used to denote urban sky glow.

Light trespass means light falling where it is not wanted or needed, typically across property boundaries. Spill light or obtrusive light.

Lodginghouse means a business establishment which provides sleeping and living quarters, but not individual cooking facilities, in immovable structures, on a weekly or monthly basis.

Lot means a parcel of land which is described and made a part of a plat of a subdivision that has been recorded in the office of the recorder of deeds or registrar of titles of the county, that is designated by its owner or developer at the time of applying for a permit for construction of a new building, enlargement of an existing building (excluding work performed solely on the interior of the building), exterior building additions, garages, accessory structures, parking lots and generally any other improvement which would be reflected on a plat of survey as a tract of land, all of which is to be used, developed or built upon as a unit under single ownership. The division of any lot or parcel of land by the use of metes and bounds description shall not be considered as a lot by the Village.

Lot, corner. See the definition in this section of the term Corner lot.

Lot coverage means the percentage of a lot which, when viewed directly from above, would be covered by a building or any part thereof, excluding projecting roof eaves.

Lot depth means the distance between the midpoint of the front lot line and the midpoint of the rear lot line.

Lot line means the lot boundary line. (See also the definitions in this section of the terms Lot line, front,Lot line, rear, and Lot line, side.

Lot line, front, means a street line forming the boundary of a lot. For a corner lot, the front lot line shall be the narrowest of the two frontage dimensions. In the case of two equally dimensioned frontages, the front lot line shall be along the street with more lots. For a lot bounded by two nonintersecting streets (through lot), the lot lines along such streets shall each be deemed as a front lot line for the purpose of this chapter.

Lot line, rear, means the lot line that is most distant from, and is, or is most nearly, parallel to, the front lot line. If a rear lot line is less than 15 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be at least 15 feet in length, lying wholly within the lot, parallel to the front lot line.

Lot line, side, means a lot line which is neither a front lot line, nor a rear lot line.

Lot size means the area of a horizontal plane bounded by the front, side, and rear lot lines. For determining lot size for use in the formulas contained within subsections 98-101(b)(3) and 98-101(b)(4), any land area contained within any recorded roadway easement or ingress and egress easement shall be excluded from the area comprising the horizontal plane bounded by the front, side, and rear lot lines.

Lot width means the distance on a horizontal plane between the side lot lines measured at right angles to the lot depth at the minimum front yard setback established by applicable provisions of this chapter.

Lumen means a unit of luminous flux used to measure the amount of light that is produced by a light source. It quantifies the amount of light energy produced by a lamp.

Luminaire means the complete lighting fixture, including the bulb and the assembly that holds the bulb (or lamp) in a lighting system, as well as reflecting elements, shielding elements, cover glass or lenses, the ballast, and the housing.

Main floor means the floor of a building which is closest to the level of the ground in front of the building.

Maximum building size (MBS) means the cumulative total square footage of a building, based on the outside dimensions of the building, including related accessory buildings, such as attached or detached garages, whether above or below grade, guesthouses and pool houses, and bay additions, excluding sheds, detached gazebos, open porches, bay windows, basements and attics. Calculation of square footage shall be measured at a point no greater than six feet above the floor surface of each story. When calculating the MBS, the area of the lot shall be:

(1)

The lot size, as defined in this chapter; or

(2)

For lots in which the length of the lot is greater than three times the width of the lot, an area calculated by multiplying the lot width by three times the lot width.

Maximum height. See the definition in this section of the term Height, maximum.

Mortuary means a funeral home or chapel.

Motel and hotel mean a business establishment in which lodging is provided and offered to the public for compensation, with ingress and egress to the rooms through an inside lobby supervised at all hours. A motel or hotel provides services, such as maid service, furnishing and laundering of linens, telephone and desk service, and the use and upkeep of furniture. Such terms shall not include cooking facilities in any of the lodging rooms.

Mounting height means the distance from level ground to the lowest light-emitting part of the luminaire.

Multiple-family dwelling means a residential building containing two or more dwelling units.

New development means:

(1)

Modifications, improvements, or uses upon:

(a)

Land that is not served by basic utilities, including, without limitation, roads, sanitary sewers, water mains, and other public infrastructure; or

(b)

Land that is not improved with buildings or structures; or

(2)

Modifications, improvements, or uses upon land that must be substantially cleared or demolished to accommodate new modifications, improvements, or uses.

Nonconformity means an existing use, building or structure which fails to comply in some respect with the use or bulk regulations applicable to new uses, buildings or structures in the district in which it is located.

Noxious matter means 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 individuals.

Nursery school means any child care facility which receives more than eight children for daytime care for all or part of the day.

Nursing home means an institution for the care of children, the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care.

Odor threshold means the lowest concentration of odorous substance in the air which will produce an odor sensation.

Office. See the definition in this section of the term Business and professional offices.

Open off-street parking means any parking space provided wherein the vehicle, when parked, is not enclosed by walls and a roof. Off-street parking spaces located in open sided structures, such as carports or other shelters, shall constitute open off-street parking.

Outdoor parking means the parking of any standing vehicle not completely enclosed by roofed and walled structures.

Outdoor storage means a completely screened area where materials, products, goods and refuse relating to the principal permitted use are stored. Such term shall not include the sales, servicing, maintenance, assembly, processing, compounding, packaging, manufacturing or advertising of such materials within the storage area.

Particulate matter means dust, smoke or any other form of air-borne pollution in the form of minute separate particles.

Pergola means a structure comprised of three or more posts or colonnades supporting an open roof of girders, with or without cross-rafters or open trellis roofing.

Perimeter wall means an accessory use comprised of either a masonry or stone barrier established around the perimeter of an interior space, but excluding retaining walls or walls of a building, and may be situated within a required yard or setback subject to the provisions of section 98-213(b).

Permanent cosmetics, microblading, micropigmentation, and similar personal care services. 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 dermis for re-pigmentation. This category of services does not include other forms of body art such as body piercing or the adornment of the body with letters, images, drawings, or other illustrations. The use is also commonly known as dermal implantation, microstroking, eyebrow embroidery, and long-time/long-lasting makeup.

Permitted obstructions in required yards means accessory uses that may be situated within a required yard or setback subject to the provisions of section 98-213(b).

Pet shop means any establishment or premises where the business of buying, selling or dealing in birds, dogs, cats or other small animals or household pets, and for domestic purposes, is conducted, operated, managed or carried on.

Physicians office building means a structure devoted to providing office space for doctors of medicine and related professionals.

Photometrics means technical test reports that indicate light distribution and performance from a luminaire.

Plug-in hybrid electric vehicles: Vehicles with an electric motor and an internal combustion engine (gasoline, diesel, or other fuel). PHEVs can be powered with either the electric motor or the gasoline engine.

Principal building means a nonaccessory building in which is conducted a principal use of the lot on which the building is located.

Principal use means the main use of land or buildings as distinguished from a subordinate or accessory use.

Private club means an association organized and operated not for profit, or persons who are bona fide members paying annual dues, which owns, hires or leases the premises, and the use of such premises being restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting. The serving of food and meals on such premises is not prohibited, provided, adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests is not prohibited, provided, it is secondary and incidental to the promotion of some other common objective of the organization, and, further provided, that such sale of alcoholic beverages is in compliance with all applicable federal, State, county and local laws.

Private country club means a premises used primarily as a golf club, with a minimum regulation 18-hole golf course facility, organized and maintained as a corporation not for profit and operated solely for and by members paying annual dues and conducted and managed by a board of directors or similar body chosen by such members. Accessory uses compatible with the primary use are permissible if such uses are in a category of social, recreational, educational and/or athletic purposes. (Also see the definition in this section of the term Private club for food and liquor provisions.)

Rear lot line. See the definition in this section of the term Lot line, rear.

Rear wall. See the definition in this section of the term Wall, rear.

Rear yard. See the definition in this section of the term Yard, rear.

Recreational equipment means temporary or permanent accessory structures, devices, or other equipment used to facilitate sport, exercise, a hobbycraft, or pastime.

Recreational vehicle means a vehicle originally designed or permanently converted and used for living quarters or human habitation and not used as a commercial vehicle, including any house car, house trailer, camper or private living coach.

Refuse and junk mean waste (including products used or spent, trash, refuse, scrap, junk (including wrecked motor vehicles), garbage, ashes, rubbish, dregs or leavings, whether in containers or not (except litter containers placed for the convenience of the public), and which is caused, allowed or permitted on the lot by an occupier thereof.

Residential building means a building, all or part of which contains one or more dwelling units, including single-family dwellings, two-family dwellings and multiple-family dwellings, but excluding hostelries, house trailers, lodging houses, dormitories, sororities and fraternities, nurses' residences, sanitariums, nursing homes and convalescent homes.

Restaurant, carry-out food service means a business which is accessory to a full service restaurant or commercial retail establishment which sells food or beverages to the customer in a ready-to-consume state, and whose design or method of operation includes serving foods or beverages in edible containers or in paper, plastic, Styrofoam, or other disposable containers. This does not include mobile food vendors regulated by Chapter 38, Article III, or temporary uses regulated by Article 6, Part 5 of this Chapter.

Restaurant, delivery food service means a business whose principal purpose, or which is accessory to a full service restaurant or limited service restaurant, is to provide delivery of food or beverages for immediate consumption and which has three or more delivery vehicles.

Restaurant, full service means a business whose principal purpose is the sale and on-site consumption of food or beverages, where items are ordered from an individual menu and served by wait staff on non-disposable tableware. This shall not include a limited service restaurant or convenience food mart.

Restaurant, limited service means a business whose principal purpose is the sale of food or beverages where the food or beverages which is paid for before consumption, or are ordered from a fixed menu board, or are served in non-disposable containers, or paper, plastic, Styrofoam, or other disposable containers for immediate consumption on or off the premises.

Restaurant, drive-in food and beverage service means any business engaged in the sale of food and/or beverages as a primary or accessory use which is designed or intended to enable a customer, without exiting a motor vehicle parked on or moving through the premises, to transact business with a person outside the motor vehicle to patrons remaining in a vehicle.

Screening means structures or evergreen vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation.

Self-storage miniwarehouse facility means separate storage units of varying sizes leased, rented or owned by the general public on an individual basis. Such term shall exclude storage of explosives, fats, oils, gasoline or other fuel and may include not more than one on-site residential unit for an operator or site manager.

Senior citizen See the definition in this section of the term Elderly.

Senior citizen housing facility means new construction of multifamily dwelling units or remodeling of existing multifamily dwelling units, designed for and intended to be occupied and used solely by elderly persons and families, provided that such persons and families shall have an income not in excess of the amounts which may be established by the board of trustees by resolution.

Setback means the distance between a reference line, which shall be a public or private right-of-way or easement, whichever shall be applicable, and a building, or portion thereof, on the lot in question. In the case of a lot adjoining a public or private street right-of-way, the setback shall be the difference between such right-of-way line and the building closest to the right-of-way on the lot. In the case of an unrecorded easement, the building and zoning director shall determine the setback in a manner which will provide a reasonably consistent setback.

Sexually oriented business means an adult arcade, an adult cabaret, an adult media store, an adult motion picture theater, an adult novelty store, an adult theater, a nude model studio or a sexual encounter center, as more fully provided in article XXIII of chapter 22.

Shield means full or partial control of a light fixture's output to minimize or prevent the direct view of the light-emitting surface from an adjacent property.

Side lot line. See the definition in this section of the term Lot line, side.

Side wall. See the definition in this section of the term Wall, side.

Side yard. See the definition in this section of the term Yard, side.

Sign means any writing (including letters, words or numerals), pictorial representation (including illustrations or decorations), emblem (including devices, symbols or trademarks), flag, banner, streamer, pennant, string of lights or display calculated to attract the attention of the public, or any other figure of similar character which is:

(1)

A structure, or any part thereof, or a portable display, or is attached to, painted on or in any other manner represented on a building or other structure or on the ground;

(2)

Used to announce, direct attention to or advertise; and

(3)

Not located inside a building.

Holiday related lighting or structures shall not constitute signage when displayed in accordance with section 98-217(7).

Sign area means the same as defined in section 98-333(9).

Sign, window, means any writing (including letters, words, or numerals, but excluding signs described in section 98-332(b)(4)), pictorial representation (excluding illustrations or decorations of a civic, holiday, religious, political or other noncommercial theme), emblem (including devices, symbols, or trademarks), flag (except as permitted in section 98-332(b)(1)), banner, streamer, pennant, string of lights, or display calculated to attract the attention of the public, or any other figure of similar character which:

(1)

Is a structure or any part thereof, or a portable display, or is attached to, painted on, or in any other manner represented on interior storefront glass;

(2)

Is used to announce, direct attention to or advertise; and

(3)

Is located within 48 inches of the storefront glass as measured from the interior window pane of the glass.

Single-family dwelling means a residential building containing one dwelling unit only.

Single ownership means ownership by an individual, partnership, corporation, cooperative or condominium having control over exterior maintenance of buildings and grounds.

Sky glow means illumination of the night sky by electric lights, as in an urban area.

Specialty school means a school offering instruction in languages, arts, business skills, trades, crafts and other specialties, but excluding any instruction involving the use of heavy machinery or any instruction conducted outdoors.

Sports court means an accessory use comprised of any natural or artificial surface used to facilitate sport, exercise, a hobbycraft, or pastime.

Sports complex means a single building or multiple buildings containing facilities for multiple sports uses and located on a single site. A sports complex may contain athletic facilities for, but shall not be limited to, an ice center, aquatic center, racquet sports center, sports practice facility, etc., as well as accessory uses. Sports complexes shall predominantly be used for the provision of athletic facilities and not the public display of athletic contests. However, seating for the viewing of athletic contests may be provided in accordance with limits on maximum seating applicable in each district in which such use is authorized.

Story means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

Street means a private or public right-of-way which affords a primary means of access to property abutting such private or public right-of-way, except driveways to buildings.

Street line means a line forming the boundary of a public or private right-of-way for an existing or dedicated street.

Structural alteration means any change, other than incidental repairs, which would prolong the life of supporting members of a building or other structure, such as bearing walls, partitions, columns, beams or girders.

Tasting room means a room accessory only to a craft brewery in which beer is available for sampling and purchase.

Tobacco, electronic cigarettes, and alternative nicotine products have the meanings ascribed to them in Section 1 of the State of Illinois Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Land uses deemed to be comprised of the sale of tobacco, electronic cigarettes, and/or alternative nicotine products include any retail establishment that derives more than 80 percent of its gross revenue from the sale of tobacco, electronic cigarettes, and/or alternative nicotine products and in which the sale of other products is merely incidental. Land uses deemed to be comprised of the use of tobacco, electronic cigarettes, and/or alternative nicotine products include any business offers for use tobacco, electronic cigarettes, and/or alternative nicotine products located in a freestanding structure occupied solely by the business where smoke from the business does not migrate into an enclosed area where smoking is prohibited which further qualifies for an exemption from the State of Illinois Smoke Free Illinois Act.

Toxic matter means material which is capable of causing injury to living organisms by chemical means when present in relatively small amounts.

Trailer means a vehicle without motive power in operation, designed for carrying persons or property and for being drawn by a motor vehicle.

Training school means a building, the primary use and purpose of which is the training of individuals in business skills and trades, but excluding any training involving the use of heavy machinery or any training conducted outdoors, and, provided further, that the use and training set forth in this definition is not independent of, but is subordinate to and serves, a principal building or principal use, the location of which is not in excess of one-half mile from the training facility.

Transitional means an area in which the existing use has resulted in a state of arrested development compared to developments in other areas within a one-half mile radius and concerning which a determination, after public hearing, has been made that the public interest would be better served if the area be rezoned to RT-8. Evidence of arrested development shall include the lack of proper and adequate public utilities, unpaved streets or undeveloped lots.

Trellis means a frame or structure of latticework comprised of no more than two posts or colonnades.

Truck means a motor vehicle designed, used or maintained primarily for the transportation of property.

Undeveloped lot means a lot which is devoted to some use, but on which no building or structure has been erected, provided that used car lots, public parking lots or lots devoted to similar uses, on which are located only buildings which are merely accessory to the use of the open land, shall also be considered undeveloped lots.

Uniformity ratio means a ratio that describes uniformity of luminance across an area. The uniformity ratio shall be a ratio of the average-to-minimum luminance.

Uplight means light projected above the horizontal.

Use means any purpose for which a building, other structure or tract of land may be designed, arranged, intended, maintained or occupied, and also includes any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

Vibration means the periodic displacement of earth.

Wall, front, means that portion of the structure, excluding the attached garage, which is equal to or greater than 50 percent of the front elevation of the residence. For structures other than single-family residences, the front wall is the wall of a building which is nearest to, and most nearly parallel to, the front lot line of the lot on which the building is located.

Wall, rear, means the wall of a building which is nearest and most nearly parallel to the rear lot line of the lot on which the building is located.

Wall, side, means any wall of a building, other than a front wall or a rear wall.

Wall packs means compact, commercial lights that mount on the side of a wall of a building.

Wall sign means a sign placed on a wall of a building or structure in such a manner that the wall becomes merely the supporting structure, or in which the wall forms the background surface.

Warehouse means a structure or building adapted for hire for the storage and receipt of goods and merchandise as contrasted to separate storage units of varying sizes leased, rented or owned by the general public on an individual basis. A warehouse shall exclude the storage of explosives, fats, oils, gasoline or other fuel, and may include not more than one on-site residential unit for an operator or a site manager.

Width, lot. See the definition in this section of the term Lot width.

Window area means the gross surface area of the glazed or otherwise nonopaque portion (doors or fenestrations) of a wall.

Yard means open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for accessory uses and other structures to the extent provided per article IV.

Yard, front, means a yard extending along the full length of a front lot line and back to a line drawn parallel to the front lot line at a distance therefrom equal to the depth of the required front yard. When a lot fronts onto two nonintersecting streets (through lot), the front yard shall be determined to be on the street to which all of the houses along that block are oriented, and the opposite yard shall be treated as a rear yard. Children's playhouses and/or playground equipment may be located in the rear yard of a through lot, subject to the provisions of section 98-47. When a rear yard on a through lot abuts a front yard of a lot fronting on the opposite side of a right-of-way, all detached accessory structures shall meet the minimum front yard setback, excluding requirements for accessory structures, of the zoning district in which the lot is located.

Yard, rear, means a yard extending along the full length of the rear lot line, except as qualified in the definition in this section of the term Yard, side, and back to a line drawn parallel to the rear lot line at a distance therefrom equal to the depth of the required rear yard.

Yard, side, means a yard extending along a side lot line and back to a line drawn parallel to the side lot line at a distance therefrom equal to the width of the required minimum side yard, but excluding any area encompassed within a front yard or rear yard, except that, for corner lots, the side yard adjacent to the street shall encompass the rear yard to the rear lot line. Dimensions of minimum side yards specified in the district regulations of this chapter refer to the required width of each side yard, rather than to the total width of both side yards, unless otherwise specified.

(Code 1959, § 24.15.2; Ord. No. 4000, § 2, 11-3-1998; Ord. No. 4512, 4-15-2003; Ord. No. 4554, § 3, 8-5-2003; Ord. No. 4556, §§ 6—8, 8-19-2003; Ord. No. 4588, § 6, 11-4-2003; Ord. No. 4817, § 3, 12-6-2005; Ord. No. 4959, § 2, 3-6-2007; Ord. No. 5182, § 2, 1-8-2009; Ord. No. 5369, § 2, 8-3-2010; Ord. No. 5394, § 4, 11-16-2010; Ord. No. 5444, § 4, 4-21-2011; Ord. No. 5579, § 3, 9-18-2012; Ord. No. 5704, § 2, 9-17-2013; Ord. No. 5716, § 2, 11-5-2013; Ord. No. 5747, § 2, 12-10-2013; Ord. No. 5793, § 2, 5-6-2014; Ord. No. 5886, § 2, 1-6-2015; Ord. No. 6058, § 2, 12-6-2016; Ord. No. 6228, § 2, 12-4-2018; Ord. No. 6279, § 5, 9-3-2019; Ord. No. 6285, § 2, 11-21-2019; Ord. No. 6398, § 7, 2-16-2021; Ord. No. 6616, § 2, 6-18-2024; Ord. No. 6669, § 2, 5-6-2025)

Cross reference— Definitions generally, § 1-2.

(a)

Minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

(b)

Overlapping or contradictory regulations. Where the conditions imposed by any provision of this chapter upon the use of land or buildings are either more or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive shall govern.

(c)

Private agreements. This chapter is not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement or legal relationship; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements or legal relationships, the regulations of this chapter shall govern.

(d)

Unlawful uses. No building, structure or use which was not lawfully existing on June 29, 1964, shall become or be made lawful solely by reason of the adoption of the ordinance from which this chapter is derived, and to the extent and in any respect that such unlawful building, structure or use is in conflict with the requirements of this chapter, such building, structure or use remains unlawful under this chapter.

(e)

Nonlicensing chapter. Nothing contained in this chapter shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity.

(Code 1959, § 24.15.3; Ord. No. 4512, 4-15-2003)

It is hereby declared to be the intention of the board of trustees of the Village that the several provisions of this chapter are separable, in accordance with the following:

(1)

If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter.

(2)

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, such judgment shall not affect the application of such provision to any other property, building or structure.

(Code 1959, § 24.15.4; Ord. No. 4512, 4-15-2003)

(a)

Existing building permits Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building or other structure if:

(1)

A building permit for such building or other structure was lawfully issued prior to the effective date of the ordinance from which this chapter is derived (June 29, 1964);

(2)

Such permit had not, by its own terms, expired prior to such effective date;

(3)

Such permit was issued on the basis of an application showing complete plans for proposed construction;

(4)

There has been a substantial change of position, expenditures or incurrence of obligations by the permit holder in reliance on such permit or in reasonable expectation of its issuance;

(5)

Such change of position, expenditures or incurrence of obligations was made prior to published or actual notice of a proposed amendment to this chapter, which amendment would have made illegal the issuance of such permit; and

(6)

Construction pursuant to such permit is completed prior to the expiration of the permit.

(b)

Occupancy certificates. When a building or structure is completed under a permit to which subsection (a) of this section applies, an occupancy certificate shall be issued in accordance with the zoning regulations in effect at the time the building permit was issued.

(Code 1959, § 24.15.5; Ord. No. 4512, 4-15-2003)

A person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be fined not less than $25.00, nor more than $500.00. Each day such violation or failure to comply is permitted to exist after notification thereof shall constitute a separate offense.

(Code 1959, § 24.14.13; Ord. No. 4512, 4-15-2003)