The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction:

   A.   The singular number includes the plural, and the plural the singular;

   B.   The present tense includes the past and future tenses, and the future the present;

   C.   The word "shall" is mandatory, while the word "may" is permissive;

   D.   The masculine gender includes the feminine and neuter;

   E.   Whenever a word or term defined hereinafter appears in the text of this title, its meaning shall be construed as set forth in the definition thereof, and any word appearing in parentheses, directly after a word herein defined, shall be construed in the same sense as that word; and

   F.   All measured distances expressed in feet shall be to the nearest integral foot. If a fraction is one-half foot (1/2') or more, the integral foot next above shall be taken. (Ord. 60-08, 4-27-1960)

As used in this title, unless the context otherwise requires, the following words and terms shall be construed as herein defined:

ACRE: Forty thousand (40,000) square feet as measured within the lot lines. Lot lines are herein to mean the edge of the road right of way.

AGRICULTURE: The tilling of soil; the growing of crops or plant growth of any kind, including forestry; the maintenance of nurseries and greenhouses; the raising of livestock, poultry and incidental structures for carrying out the above.

ASPHALT RECYCLING USES, LARGE SCALE: Uses that manufacture asphaltic pavement with the principal material component consisting of reclaimed asphaltic pavement and aggregate occurring on a property in excess of five (5) acres and may only be allowed in the village II intensive industrial district subject to the provisions of the II district including all industrial performance standards and other applicable standards and requirements of the village zoning ordinance and other ordinances of the village.

BASEMENT: A portion of a building located partly underground, but having not less than one-half (1/2) its clear floor to ceiling height below the average grade of the adjoining ground.

BUILDING: Anything constructed for the shelter or enclosure of persons, animals, chattels or movable property of any kind, which is permanently affixed to the land, and includes walls or other supports for a roof structure.

BUILDING, ACCESSORY: A subordinate building, the use of which is incidental to that of the principal building and customary in connection with that use. An attached garage to a principal building shall not constitute an accessory building.

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

BUILDING COVERAGE: A percentage calculation consisting of that portion of a lot covered by principal and accessory buildings. For purposes of building coverage calculations, the building area shall be measured from the outside dimensions of the building walls or other supports for the roof structure and the lot area shall include the area bound by the front, side and rear lot lines of the lot where the building or buildings are located.

BUILDING HEIGHT: The vertical distance from the lowest ground surface adjacent to the structure and the highest point of the underside of the ceiling beams in case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of rafters between eaves and the ridge of a gable, hip or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections, but not including signs, shall not be included in calculating the height. The Building Height standards referenced in the various zoning districts may be modified as part of an approved Special Use.

BUILDING, MINOR RESIDENTIAL ACCESSORY: A significantly subordinate building, such as a shed, a toolroom, a gazebo, a pergola, an arbor, a greenhouse or a similar such minor building, which is incidental to a principal residence building, customary in connection with a residential use, and is fifteen feet in height or less. The use of such a building shall not function as a garage for the storage of any vehicles and the construction shall not include a vehicular connection navigable to a driveway or a street.

BUILDING, PRINCIPAL: A nonaccessory building in which the principal use of the lot on which it is located is conducted.

BUILDING, RESIDENTIAL: A building which is arranged, designed, used or intended to be used for residential occupancy by one family.

BUILDING, TEMPORARY: Any building or mobile building not designed to be permanently located in the place it is, or where it is intended to be placed or affixed, but excluding mobile homes.

BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services including temporary sales offices for real estate are offered.

CARDHOLDER: A qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card by the department of public health.

CURB LEVEL: The level of the established curb in front of a building or structure, measured at the center of such front. Where no curb level has been established, it shall be deemed to be the established level of the centerline of the street surface in front of a building or structure, measured at the centerline of such front.

DESIGNATED CAREGIVER: A person who: a) is at least twenty one (21) years of age; b) has agreed to assist with a patient's medical use of cannabis; c) has not been convicted of an excluded offense; and d) assists no more than one registered qualifying patient with his or her medical use of cannabis.

DWELLING: A residential building, or portion thereof; but not including hotels, motels, rooming houses, rest homes, tourist homes or trailers.

DWELLING UNIT: A group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family, and which includes cooking facilities.

ENCLOSED, LOCKED FACILITY: A room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients.

FAMILY: One or more persons each related to the other by blood, marriage or adoption, or a group of not more than three (3) persons not so related, together with his or their domestic servants, maintaining a common household in a dwelling unit. A family may include not more than two (2) lodgers, boarders or permanent guests, whether or not gratuitous.

FLOODPLAIN LAND: Any land defined as either "flood fringe" or "regulatory floodway" as set forth in section 8-8-5, "Definitions", of this title.

FLOODPLAIN REGULATIONS: See chapter 8 of this title.

GARAGE, ATTACHED: A fully enclosed structure, or part thereof, used or intended to be used for the parking and storage of private passenger vehicles, which is structurally connected to a principal building.

GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building, including a carport, which is intended for and used to store the private vehicles of the family resident upon the premises, and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on.

GOVERNING STATUTE: The compassionate use of medical cannabis pilot program act (public act 098-0122), or any successor legislation.

GROUND FLOOR AREA: The lot area covered by a building measured from the exterior faces of exterior walls. For principal buildings or principal use structures, as defined herein, this measurement shall be exclusive of terraces, breezeways, open porches, carports and garages. For accessory buildings, as defined herein, these areas shall be included in the ground floor area measurement.

HABITABLE FLOOR AREA: All those spaces within a building which are defined as a habitable area in accord with the building code of the village of Green Oaks 1 .

HOME OCCUPATION: Any use or gainful occupation conducted entirely indoors within a dwelling and any normal accessory building which is a part of that building and carried on solely by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling.

IMPERVIOUS SURFACE: Any hard surfaced, manmade area that does not readily absorb or retain water, including, but not limited to, building roofs, parking and driveway areas, graveled areas, sidewalks, decks, and patios, and paved recreation areas, such as aboveground or inground swimming pools that retain water, but not including water bodies that allow water to run off or to infiltrate into the ground.

IMPERVIOUS SURFACE COVERAGE: A percentage calculation referring to that portion of a lot covered by impervious surfaces. For purposes of the impervious surface coverage calculation the lot area shall include the area bound by the front, side and rear lot lines.

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

KENNEL OR DOG DAYCARE FACILITY, COMMERCIAL: Any lot on which, or building in which, four (4) or more dogs or any other kind of household pets, at least four (4) months of age, are kept, boarded for compensation, kept or bred for sale or for any other purpose.

LIVESTOCK: Alpacas, American bison, camels, cows, donkeys, elk, goats, horses, llamas, mules, pigs, poultry (chickens, turkeys, ducks, and geese), rabbits, and sheep.

LODGING ROOM: A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms each room shall be counted as one lodging room.

LOT: A parcel of land (whether legally so described or subdivided as 1 or more lots or parts of lots) occupied by, or intended for occupancy by one principal building or principal use, and having its principal frontage upon a street.

LOT AREA: The area of horizontal plane bound by the vertical planes through front, side and rear lot lines. Lot area may include walkway dedications along the rear and side lot line, but not along the front lot line or side lot lines abutting a street right of way.

LOT COVERAGE: The impervious surface coverage of a lot.

LOT FRONTAGE: The front of a lot shall be that boundary of a lot along a street and for a corner lot the front shall be the shorter lot boundary along a street.

LOT LINE: A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street, the lot line shall be deemed to be the street line.

LOT LINE, FRONT: That part of a lot which is along an existing private or dedicated street. The lot line is taken as the property line of the street right of way except as otherwise defined in this title.

LOT LINE, REAR: That boundary of a lot which is most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet (10') in length within the lot, parallel to, and at the maximum distance from, the front lot line.

LOT LINE, SIDE: Any boundary of a lot which is not a front or rear lot line.

MEDICAL CANNABIS CONTAINER: A sealed, traceable, food compliant, tamper resistant, tamper evident container, or package used for the purpose of containment of medical cannabis from a cultivation center to a dispensing organization.

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

MEDICAL CANNABIS DISPENSING ORGANIZATION, OR DISPENSING ORGANIZATION, OR DISPENSARY ORGANIZATION OR DISPENSARY: A facility operated by an organization or business that is registered by the Illinois department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.

MEDICAL CANNABIS FACILITY: A medical cannabis cultivation center or a medical cannabis dispensary.

MEDICAL CANNABIS INFUSED PRODUCT: Food, oils, ointments, or other products containing usable cannabis that are not smoked.

MOBILE HOME TRAILER: Any vehicle or similar portable structure originally designed or converted so as to provide living quarters.

NAMEPLATE: A sign indicating the name and address of the building or the name of an occupant thereof.

NONCONFORMING LEGAL USE OR STRUCTURE: Any lawful use of land or structures, or any structure, existing at the effective date hereof and located in a zone in which it would not be permitted as a new use or structure under the terms of this title.

NONCONFORMING RECORDED LOT: A tract of land, designated on a duly recorded subdivision plat, or by a duly recorded deed, or by other lawful means which has less than the minimum lot area or width or other dimension prescribed for the particular zone in which it is located, and which meets the lot area, width and other dimensions for the zone in which it was located at the time of such recording, but was made nonconforming by a subsequent amendment to this title. If a tract of land which is entitled to a building permit under the terms of this title, either as a conforming lot or as a nonconforming recorded lot, is reduced in size by the acquisition of a portion of said tract, by negotiation or by condemnation, for highway purposes by the Lake County highway department or by the state highway department, the remainder of said tract shall have the status of a nonconforming recorded lot.

NONCONFORMING STRUCTURE: One which was legally constructed prior to the effective date hereof, which would not be permitted as a new structure under the terms of this title because such structure is not in conformance with the yard, height, coverage or floor area ratio requirements of the zone in which it is located. A structure located on a nonconforming recorded lot is not classified as a nonconforming structure solely because of insufficient lot area or width, nor shall anything herein be construed to affect those structures covered in section 8-9-3 of this title.

NONCONFORMING USE: An activity using land or structures or both, legally established prior to the effective date hereof, which would not be permitted as a new use in the zone in which it is located under the terms of this title.

PERMANENT OPEN SPACE: That land area within a subdivision which is restricted by an easement granted to the village for open space purposes only and including:

   A.   Woodland and wetland protection and conservation areas;

   B.   Stormwater detention and retention facilities and protected floodplain land;

   C.   Open areas for passive and active recreation uses, but not including any permanent structures;

   D.   Pedestrian trails; and

   E.   Landscape buffer areas.

POND: There being no natural bodies of standing water within the boundaries of Green Oaks exceeding ten (10) acres in area, a "pond" is defined as any body of standing water which is either a natural formation or manmade.

POND, DETENTION: An excavated or embankment pond required by the village subdivision ordinance 2 or other authority to accommodate stormwater runoff or other drainage requirements.

POND, EMBANKMENT: A body of water resulting from the construction of a dam or embankment.

POND, EXCAVATED: A body of water resulting from excavation of an area for water storage where the level of the water is not greater than the lowest ground elevation at the perimeter of the pond prior to the time of excavation.

SCHOOLS: Shall include parochial and other private schools, teaching a general education curriculum and serving a public school district, parish, or similar area, but not including student dormitories and colleges, dancing, music, or nursery schools, or business, trade, vocational or professional schools.

SENIOR HOUSING AND MIXED USE DEVELOPMENT INCLUDING OFFICES AND COMMERCIAL USES: A use that provides for senior housing for residential uses for residents that are primarily over fifty five (55) years in age including independent senior living units, and assisted senior living units that may include memory care units for seniors and others that require memory care assisted living, and nursing care, and that includes, as a mixed use development, offices and commercial uses that can serve the residents and employees associated with the senior housing uses, while also serving other residents of the village and the general public.

SENIOR HOUSING DEVELOPMENT, UNIFIED: A unified senior housing development is a residential use for residents that are primarily over sixty (60) years in age where fifty percent (50%) or more of the units are for independent senior living units and where less than fifty percent (50%) of the units are for assisted senior living units. As part of the unified senior housing development up to a maximum of thirty percent (30%) of the assisted senior living units may include memory care units for seniors and others that require memory care assisted living.

SIGN: A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building or other outdoor surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. Each display surface of a sign shall be considered to be a separate sign.

However, as used herein, the word sign shall not include any display of official court or public office notices, nor shall it include the flag, emblem, or insignia of a nation, political unit, school or religious group. A sign shall not include a sign located completely within an enclosed building unless the context shall be visible from a street.

SIGN, ADVERTISING (BILLBOARD OR POSTER PANEL): A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at any location other than upon the premises where such sign is located, or to which it is affixed.

SIGN, BUSINESS: A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises where such sign is located, or to which it is affixed.

SIGN, FLASHING: Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this title any moving illuminated sign shall be considered a flashing sign.

SIGN, GROSS SURFACE AREA OF: The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.

STABLE, PRIVATE: A building where no more than two (2) horses are kept for noncommercial or private use.

STABLE, PUBLIC: A building where horses are kept for hire or boarded for remuneration.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story.

STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall not more than three feet (3') above the top floor level, and in which space not more than sixty percent (60%) of the floor area is completed for principal or accessory uses.

STREET (AVENUE, PLACE, ROAD, LANE OR HIGHWAY): A right of way, which affords a primary means of access to abutting property.

STRUCTURAL ALTERATIONS: Any change, other than incidental repairs, in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders; or any substantial change in the roof or exterior walls.

STRUCTURE: Anything erected, the use of which requires more or less permanent location on the ground; or attached to something having a permanent location on the ground. An advertising or business sign or other advertising device, if detached or projecting shall be construed to be a separate structure.

SWIMMING POOL, PRIVATE: Any constructed pool greater than twenty four inches (24") deep, or with a surface area greater than two hundred fifty (250) square feet, or equipped with a water recirculating system, or that involves structural materials which is used, or intended to be used, as a swimming pool in connection with a single-family residence and available only to the family of the householder and his private guests. All private swimming pools shall be enclosed by a five foot (5') high minimum to a seven foot (7') maximum cyclone type fence with a locking gate or equivalent protective barrier (for example, stockade type fence, densely planted hawthorn hedge, or a protective railing and deck manufactured for above grade pools).

SWIMMING POOL, PUBLIC: Any constructed pool, greater than twenty four inches (24") deep, or with a surface area greater than two hundred fifty (250) square feet, or equipped with a water recirculating system or that involves structural materials, which is not a private swimming pool.

TENNIS COURT: A place for playing tennis, with a surface of grass, clay, asphalt, board or similar playing surface and divided by a net and marked with lines, but excluding courts for deck or platform tennis, handball, squash and racquetball.

TENNIS COURT, PRIVATE: A tennis court on a lot and intended for the use of the owner or residents of that lot only.

TENNIS COURT, PUBLIC OR SEMIPUBLIC: A tennis court on a lot or parcel of land which is owned or controlled by either a unit of government or chartered homeowners' association and which is intended for use by the general public or the members of the homeowners' association.

TENNIS COURTS, COMMERCIAL: A tennis court which is owned and operated for profitmaking purposes.

USE, ACCESSORY: A use customarily incidental and subordinate to the principal use of a building located on the same lot with the principal use of the building. Paved surfaces used for ingress and egress, such as streets, sidewalks, and walkways shall not be included in the definition of an "accessory use", but such paved surfaces shall be included in impervious surface areas and in impervious surface calculations. An "accessory use" includes, but is not limited to, the following:

   A.   Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless this storage is excluded by the specific district zoning regulations.

   B.   Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities, unless this storage is excluded by the specific district zoning regulations.

   C.   Signs, as permitted and regulated by ordinance.

   D.   Tennis courts.

   E.   Swimming pools whether above or in ground.

   F.   Decks, patios, and porches.

USE, PRINCIPAL: The main use of land or building as distinguished from a subordinate or accessory use.

VEHICLE, COMMERCIAL: Any car, taxi, limousine, truckster, truck, tractor, trailer, bus, van, pickup, or similar vehicle which is used in conjunction with any business or gainful occupation; or which has advertising or other graphic display material, or other information identifying any business, industry, service, or other gainful occupation affixed or displayed on it; or which has racks, storage boxes, carriers and related accessories which are used for commercial purposes or in connection with any gainful occupation.

VEHICLE, NONCOMMERCIAL: Any car, truckster, trailer, truck, bus, van, pickup or similar vehicle which is used for personal transportation or recreational purposes and which does not otherwise qualify as a commercial vehicle as herein defined.

VEHICLE, OVERSIZED NONCOMMERCIAL: Any noncommercial vehicle which exceeds either eight feet (8') in width, twenty feet (20') in length or eight feet (8') in height.

VILLAGE BOARD: The president and board of trustees of the village of Green Oaks, Lake County, Illinois.

YARD: An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this title. A yard extends along a lot line and at right angles to such line to a depth or width specified in the yard regulations for the district in which such lot is located.

YARD, FRONT: A yard extended along the full width of the front lot line between side lot lines.

YARD, REAR: The portion of the yard on the same lot with the principal building, located between the rear line of the building and the rear lot line and extended from the full width of the lot; provided that in those locations where an alley is plotted in the rear of the lots, one-half (1/2) of the width of the plotted alley may be included in the rear yard requirements.

YARD, SIDE: A yard extending along a side lot line between the front and rear yards. (Ord. 60-08, 4-27-1960; amd. Ord. 65-06, 10-23-1965; Ord. 72-01, 4-26-1972; Ord. 72-06, 11-22-1972; Ord. 76-02, 6-23-1976; Ord. 78-O-03, 2-16-1978; Ord. 79-05, 6-27-1979; Ord. 81-16, 11-25-1981; Ord. 82-10, 11-4-1982; 1988 Code; Ord. 93-01, 1-27-1993; Ord. 2002-O-01, 1-23-2002; Ord. 2007-O-2, 2-28-2007; Ord. 2007-O-15, 10-24-2007; Ord. 2013-O-14, 10-23-2013; Ord. 2014-O-03, 5-28-2014; Ord. 2014-O-13, 8-27-2014; Ord. 2014-O-36, 11-19-2014; Ord. 2015-O-03, 1-28-2015; Ord. 2016-O-09, 6-22-2016; Ord. 2020-O-07, 7-26-2020; Ord. 2022-O-17, 9-28-2022; Ord. 2022-O-22, 10-26-2022; Ord. 2025-O-03, 2-26-2025)