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Hainesville City Zoning Code

CHAPTER 17

10 - DEFINITIONS

17.10.010 - Interpretation.

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

A. Lot includes the words "plot" or "parcel.

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

C. Present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

D. Shall is a mandatory requirement, the word "may" is a permissive requirement, the word "should" is a preferred requirement.

E. Used or Occupied include the words "intended, designed, or arranged to be used or occupied.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.020 - "A" definitions.

A. Accessory buildings or structures means a building or structure which is customary in connection with and clearly incidental to the principal building, structure or use on a zoning lot. Accessory uses do not include the conduct of business or the raising of livestock, poultry or pets.

B. Acre means forty-three thousand five hundred sixty (43,560) square feet.

C. Adult day care center means a nonresidential facility offering supervised care, recreation or physical training of adults.

D. Apartment means a room or suite of rooms in a two-family or multiple-family dwelling or in a building including a nonresidential use, intended or designed for use as a residence by a single-family.

E. Automobile sales means an automobile sales lot or agency which engages in the business of selling new or used vehicles.

F. Automotive repair facilities means a building or premises used for the repair, or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles. If filling station uses are part of an automobile repair facility, all use permits must be obtained.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.030 - "B" definitions.

A. Banquet facility means a building, room, or portions thereof, whose principal use is to provide space, whether reserved, rented, leased or otherwise made available, to any person, group, or entity for an event or function, that may or may not have food and beverage service, such as a conference or meeting, party, wedding, reception, fundraiser, or other similar functions, for the group's members and any guests, to which the general public is not admitted.

B. Bar see definition for "Tavern."

C. Basement means that portion of a building all or partly underground by having at least one-half of its height below the average level of the adjoining ground.

D. Body shop means a building or premises used for the repair, rebuilding or reconditioning of automobiles including body work, collision, service, welding, painting, and steam cleaning of vehicles. A body shop shall not provide for the storage of damaged vehicles except those which are to be immediately repaired.

E. Building means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels or property.

F. Building height means the vertical distance measured from the average elevation of the finished ground grade within twenty (20) feet of the front of the proposed building to the highest point of the roof in the B-1 commercial business district, and the I-1 industrial district, height shall be measured at the maximum vertical projection of any structure, including antennas, chimneys and spires.

G. Building Line. (See "Setback line.")

H. Building permit means a document issued by the building department which authorizes performance of an activity which is subject to the Hainesville Building Code.

I. Building, principal means a building permanently affixed to the land in which is conducted the main or principal use of the lot on which the building is situated.

J. Building, temporary means any building not permanently affixed to the land.

K. Bulk regulations means regulations regarding any of the following characteristics:

1. Ground floor area;

2. Height of building;

3. Setbacks of exterior walls of buildings or structures at all levels in relation to lot lines, streets, or to other buildings or structures;

4. Gross floor area of the building or structure in relation to lot area (floor area ratio);

5. All open spaces allocated to the building;

6. The size and shape (area, lot frontage and lot width) of the zoning lot and the amount of lot area and lot width provided per dwelling unit or other unit of measure.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.040 - "C" definitions.

A. Cannabis business establishment is defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

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

C. Catering establishment means a business involved in the sale or distribution of food and drink prepared in bulk in one geographic location for retail service in individual portions in another location, or preparation and service of food or drink in a public or private venue that is not under the ownership or control of the operator of such business.

D. Cemetery means land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery.

E. College or university means an educational institution of higher learning generally offering academic training to graduates of high schools (Grade 12).

F. Commercial vehicle means any vehicle, except standard passenger vehicles, operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not-for-hire, but not including a vehicle used in a ride sharing arrangement when being used for that purpose or a recreational vehicle not being used commercially. In any event, any vehicle with a license above a "B" plate or that is licensed for a gross weight, including vehicle and cargo, of eight thousand one (8,001) pounds or more, or any vehicle used in a commercial enterprise or containing lettering on the vehicle body advertising that commercial enterprise, shall be considered a commercial vehicle.

G. Competitive or recreational shooting course means a shooting range designed for competitive and recreational sporting activities involving proficiency tests of accuracy, precision, and speed in using ranged weapons, primarily referring to firearms, bows and crossbows.

H. Comprehensive plan means the plan, or any portion thereof, adopted by the village board, which establishes the goals, objectives and policies of the community and sets forth the general location and extent of present and proposed physical facilities including residential and commercial uses, major streets, parks, schools, other public facilities and land uses, including amendments thereto when adopted.

I. Corner lot is described in "Lot Types."

J. Craft grower is defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

K. Cultivation center is defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21; Ord. No. 24-3-357, § 2, 3-26-24)

17.10.050 - "D" definitions.

A. Day care center means any childcare facility receiving more than eight children for daytime care during all or part of a day. The term "day care center" includes facilities commonly called "childcare centers," "day nurseries," "nursery schools," "kindergartens," "playgrounds" and "centers or workshops for mentally or physically handicapped" with or without stated educational purposes. The term does not include: (a) kindergartens or nursery schools or other daytime programs operated by public or private elementary school systems or secondary level school units or institutions of higher learning; (b) facilities operated in connection with a shopping center or service, or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises, or are in the immediate vicinity and readily available; (c) any type of day care center that is conducted on federal government premises; or (d) special activities programs, including athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, charitable, governmental and religious organizations.

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

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

D. Decibel means a unit of measurement of the intensity (loudness) of sound. Sound level meters, which are employed to measure the intensity of sound are calibrated in decibels.

E. Density means a unit of measurement; the number of dwelling units per acre of land.

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

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

H. District means a part of the village wherein regulations of this zoning code are uniform.

I. Drive-in commercial facilities means a use of land where services or goods are rendered or delivered to customers in vehicles.

J. Drive-through commercial facility means a place of business which through design, physical facilities and service, customers receive products or services in their car for use or consumption off-site.

K. Driveway means a bituminous, concrete or similarly surfaced area on a zoning lot upon which vehicles may be driven or parked, and which may provide access to parking spaces.

L. Driveway approach means a hard surface area from street pavement to zoning lot which provides vehicular access to a driveway; also known as a driveway apron.

M. Dwelling unit means space within a building comprising living, dining, sleeping, storage, bathing, toilet, and no more than one cooking facility, all used by only one family as defined herein.

N. Dwelling unit, single-family means a building consisting of a single dwelling unit only, separated from other dwelling units by open space.

O. Dwelling unit, single-family attached means a building consisting of not more than four dwelling units which are attached by common vertical walls.

P. Dwelling unit, two family means a building consisting of two dwelling units which may be either attached side by side or one above the other.

Q. Dwelling unit, multi-family means a building consisting of three or more dwelling units including condominiums with varying arrangements of party walls.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.060 - "E" definitions.

A. Efficiency unit means a dwelling unit consisting of one principal room, together with bathroom, kitchen facilities and closet space.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.070 - "F" definitions.

A. Farming, outdoor backyard, roof-top, vacant lot or balcony cultivation or processing of food or ornamental crops. This definition does not include the keeping, feeding or raising of animals such as chickens, fish, goats, and honeybees.

B. Farming, indoor means an indoor establishment where food or ornamental crops are grown or processed for personal consumption or to be sold or donated that includes, but is not limited to, greenhouses and other indoor growing operations, vertical farms, aquaponics, aquaculture, and hydroponics.

C. Fence means a tangible barrier constructed or installed of any allowable material, including plant materials, erected for the purpose of providing a boundary or as a means of protection, or to prevent uncontrolled access, or for decorative purposes, (such as an ornamental gate(s)) or to screen from view in or on adjoining properties and streets, materials stored and operations conducted behind it.

D. Filling station means buildings and premises where gasoline, oil, grease, batteries, tires or motor vehicle accessories may be supplied and dispensed at retail. A filling station may be part of an automobile repair facility if all use permits have been granted. In addition, mini-marts or car washes may be allowed with an approved and operating filling station.

E. Fitness facility/entertainment facility, indoor means an indoor commercial facility providing athletic or amusement services such as yoga, game courts, exercise equipment, locker rooms, training studios, saunas, pro shop, laser tag, miniature golf, skating rink, arcade, escape room, bowling alley, movie theater, trampoline park, or bounce houses.

F. Fitness facility/entertainment facility, outdoor means an outdoor commercial facility providing outdoor athletic or amusement services such as game courts, golf driving range, miniature golf, skating rink, or amphitheater.

G. Floor area ratio means the numerical value obtained by dividing the floor area of a building or buildings by the net area of the zoning lot on which the building or buildings are located or intended to be located.

H. Floor area of a nonresidential building (to be used in calculating parking requirements) means the floor area of the specified use excluding stairs, washrooms, elevator shafts and utility shafts.

I. Frequency means the number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.

J. Frontage means the length of that portion of a lot which is adjacent to a street or highway.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.080 - "G" definitions.

A. Garage, private or private garage means a detached accessory building or portion of a principal building used or occupied for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises.

B. Garage, public or public garage means a principal or accessory building other than a private garage, used or occupied for parking or temporary storage of vehicles and in which no other service is provided for remuneration.

C. Garage, storage or storage garage means any building space offered for sale or rental to be used or occupied for the storing of vehicles.

D. Gasoline fuel station means any building or premises used for dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries, or minor automobile accessories. Services offered may include the installation of tires, batteries and minor accessories, minor automobile repairs, and greasing of individual automobiles. Gasoline fuel stations may or may not contain a mini-market.

E. Grade means the average elevation of the finished surface of the ground.

F. Group home means a residential building housing not more than eight service dependent or developmentally disabled people living with professional staff. The group home constitutes a single housekeeping unit in which residents share responsibilities, meals and recreation. Group homes do not include rehabilitation centers or halfway houses for persons leaving prison or jail or as an alternative to prison or jail.

G. Gun club means a commercial facility containing one or more shooting ranges or one or more competitive shooting courses, and associated accessory uses, operated by an organization (business, club, league, etc.) dedicated to the operation, maintenance, and appreciation of ranged weapons, primarily referring to firearms, bows and crossbows.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21; Ord. No. 24-3-357, § 2, 3-26-24)

17.10.090 - "H" definitions.

A. Home occupation means any occupation, business, or commercial enterprise conducted solely within the home.

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

C. Hotel means an establishment providing transient accommodations, in contradistinction to a boarding, rooming or lodging house, and which provides customary hotel services such as restaurants, meeting rooms, maid service, telephone and secretarial or desk service, and bellboy service. Access to individual rooms is gained from the interior of the hotel.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.100 - "I" definitions.

A. Industrial, heavy or heavy industrial means manufacturing or other enterprises with significant external effects, or which pose significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in the manufacturing or other process.

B. Industrial, light or light industrial means industrial facilities at which all operations (with the exception of loading operations):

1. Are conducted entirely within an enclosed building;

2. Are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line;

3. Do not pose a significant safety hazard (such as danger of explosion); and

4. Comply with all of the performance standards.

C. Infuser organization or infuser is defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.110 - "J" definitions.

Reserved.

17.10.120 - "K" definitions.

A. Kennel means any lot or premises on which three or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained, sold or which offers provisions for minor medical treatment.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.130 - "L" definitions.

A. Loading space, off-street or off-street loading space means an open area of land other than a street, public way, or required parking space, the principal use of which is for standing, loading and unloading of motor trucks, tractors and trailers, to avoid undue interference with the public use of streets and alleys. A loading space need not be a dock. Also known as a "loading berth."

B. Lot means a parcel or tract of land.

C. Lot coverage means the ground floor area of all buildings and accessory uses (including, but not limited to driveways, parking areas, patios, decks, garages and sheds, but not including swimming pools) on a zoning lot divided by the area of the zoning lot.

D. Lot, front of or front of lot means the narrowest portion of a zoning lot which abuts a street.

E. Lot lines means the dividing lines between a public way and an abutting lot, piece or parcel or the projected dividing lines between lots, pieces and parcels without regard to any recorded plat.

1. The front lot line is the front street right-of-way line.

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

3. Other lines are side lot lines.

F. Lot measurements. A lot shall be measured, as follows:

1. Depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the end points of the side lot lines at the front and the rear.

2. Width of a lot shall be considered to be the distance between straight lines connecting the front and rear lot lines at each side of the lot measured at the front building setback line.

3. The area of a lot shall be computed exclusive of any portion of the right-of-way of any public street or alley.

G. Reserved.

H. Lot of record means a lot properly platted and recorded in the office of the Cook County recorder of deeds.

I. Lot types. Terminology used in this title with reference to corner lot, interior lots and through lots is as follows:

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

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

3. A through lot is a lot other than a corner lot with frontage on more than one street.

4. A reversed frontage lot is a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.140 - "M" definitions.

A. Maintenance and storage facilities means land, buildings and structures devoted primarily to the maintenance and storage of construction equipment and material.

B. Major change, with regard to planned unit developments, means a change in the approved materials, configuration or design of the development or a change in an element which was specifically approved in the PUD ordinance. Normal engineering modifications are not to be considered major changes with regard to planned unit developments.

C. Medical cannabis cultivation center or cultivation center means 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.

D. Medical cannabis dispensing organization, or dispensing organization, or dispensary organization, or dispensary means 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.

E. Medical cannabis facility means a medical cannabis cultivation center or a medical cannabis dispensary.

F. Medical office means an establishment containing the offices of two or more licensed physicians, dentists, psychologists, analysts or social workers for the periodic counseling, examination and treatment of patients.

G. Minor change means those changes not considered "major changes."

H. Mobile home means a structure transportable in one or more sections, which is built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. A mobile home need not be designed or used as a residence. It does not include recreational vehicles or travel trailers.

I. Motel means an establishment providing transient accommodations like a hotel, but with at least twenty-five (25) percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.150 - "N" definitions.

A. Nonconforming means a building, structure or use of land which does not conform to the zoning regulations of the district in which it is situated.

B. Nursery means land, building, structure or combination thereof for the storage, cultivation, or transplanting of live trees, shrubs or plants offered for sale on the premises including products used for gardening or landscaping.

C. Nursing/retirement home means a place or residence for the aged or infirm in which three or more persons are received, kept or provided with food and shelter, or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. "Nursing homes" typically provide on-going, on-site medical care.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.160 - "O" definitions.

A. Obstruction means any building or structure, or part thereof, which is located so as to intrude upon any open space required by this zoning code. Trees or shrubs shall not be considered as obstructions, except as may be regulated herein. Recreational equipment, including swing sets and above-ground swimming pools, shall be considered obstructions. Recreational vehicles shall be considered obstructions.

B. Occupancy permits means a written statement by the zoning administrator stating that the building, use and premises is in compliance with all applicable standards, including this zoning code.

C. Octave band is a term denoting all the sound frequencies between any given frequency and double that frequency.

D. Offices, business, professional, public, medical, or dental means an administrative unit of a business enterprise or organization, including but not limited to offices of accountants, financial brokers, insurance agents, architects, engineers, planners, lawyers, real estate and title companies.

E. Outdoor displays of merchandise means all land uses which conduct sales, display sales or rental merchandise or equipment outside of an enclosed building. Example of such land uses include vehicle sales, vehicle rental, manufactured and mobile housing sales and monument sales. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard.

F. Outdoor storage means the keeping in an unroofed area of any goods, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.170 - "P" definitions.

A. Park or playground, public or public park or playground means a land use designed principally to offer recreation, passive and/or active, to the public.

B. Parking lot means an open vehicle parking area containing more than four parking spaces.

C. Parking space means a bituminous, concrete or similar surfaced area, nine feet by eighteen (18) feet, other than a street or alley accessible from an approved driveway approach and upon which vehicles may be parked.

D. Performance standard means a criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in the uses of land or buildings.

E. Permitted use means a use of land, building or structure expressly permitted within a district.

F. Place of worship means a building, together with its accessory buildings and uses, where persons regularly assemble for religious purposes and related social events. The buildings and uses are maintained and managed by a religious body organized to support religious activities and purposes. While a private home may host a religious activity, such as a prayer group or Bible study, it shall not be covered by this definition unless the home is maintained and managed by a religious body.

G. Premises means a lot together with all buildings and structures thereon.

H. Processing organization or processor is defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

I. Public uses means administrative and cultural buildings, uses and structures, including buildings, lots and facilities owned, used or operated by any governmental agency.

J. Public utility and public service facility means power plant, or bus, rail station, or other transportation depot, water treatment plant or pumping station, sewage disposal or pumping plant and other similar public service structures erected, operated or regulated by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including but not limited to electrical, gas, rail transport, communication, public water and sewage services facilities.

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

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.180 - "Q" definitions.

Reserved.

17.10.190 - "R" definitions.

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

B. Research activities means the conduct of research, development, and testing in various fields of science, such as but not limited to chemistry, pharmacy, medicine, electricity, transportation and engineering.

C. Residential care means maintenance (room and board), oversight, general watchfulness, and other appropriate services to meet the needs of residents including, but not limited to, social, recreational, medical, employment, educational, rehabilitative and other therapeutic services enhanced by being provided to individuals with a common and related need for such services in a family like environment in a residential care home.

D. Residential care home means any dwelling unit or living quarters wherein individuals are provided residential care. Where a sponsoring agency of the residential care home is required to be licensed or certified by the state, that sponsoring agency must maintain at all times a current and valid Illinois state license or certification by the state to operate residential care homes. A residential care home does not include a nursing home, hospital, adult daycare center, child daycare center or a dwelling unit or living quarters which serves to house persons as an alternative to incarceration for a criminal offense.

E. Restaurant means an establishment wherein food is prepared and served in ready-to-eat form to the public for human consumption. "Restaurant" includes, but is not limited to, cafe, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steak house. In the event a restaurant applies for the issuance of a liquor license pursuant to local and state laws, a restaurant shall be further defined to meet the requirements of the Hainesville Liquor Ordinance. For purposes of this title, the following types of restaurants are defined:

1. Carryout restaurant is a restaurant which provides no table or seating or food bar although food is prepared and purchased on-site and consumed off premise.

2. Drive-in restaurant is a restaurant where food is served to patrons in parked motor vehicles. Food is consumed either on or off premises.

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

4. Sitdown restaurant is a restaurant in which meals are prepared and served and consumed on premises.

5. Sitdown/carryout restaurant is a restaurant which prepares food which may be consumed on or off premises.

6. Carryout/sitdown/drive-through restaurant is a sitdown/carryout restaurant which also maintains drive through facilities for the purchase and consumption of food off premises.

F. Retail establishment means a place of business devoted in whole or in part to the sale, rental and/or servicing of goods or commodities which are normally delivered or provided on the premises to a consumer.

G. Right-of-way means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.200 - "S" definitions.

A. Saloon see definition for "Tavern".

B. School, elementary, junior high or high, or elementary, junior high or high school means a public or private educational institution whose principal use is the offering of primary and secondary school classes Grades K through 12.

C. Screening means any structure or vegetation that conceals, protects or separates. Screening vegetation shall have year round opacity of at least seventy-five (75) percent.

D. Seat means the number of devices for seating individual persons or the number of spaces allocated for seating individuals (but not less than twenty-four (24) lineal inches) in multi-person seating units.

E. Self service storage facility means a structure containing a number of small, separate storage areas of varying size leased or rented on an individual basis.

F. Setback line means a line generally parallel with and measured from the lot line, defining the limits of a yard within which no building or structure may be located above ground, except as may be permitted by this zoning code.

G. Shooting range means a facility designed for shooting firearms or for archery, or any facility wherein such uses occur.

H. Sidewalk, public or public sidewalk means that portion of the road right-of-way which is paved and intended for the use of pedestrian traffic.

I. Sign means any object, device, display, structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state, city, religious, fraternal, or civic organization; also merchandise and pictures or models of products or services incorporated in a window display, works of art which in no way identify a product, or scoreboards located on athletic fields. Traffic control and other public agency signs located within a right-of-way are not included within this definition and are not regulated by the provisions of this title.

J. Sign, awning or canopy means a sign that is mounted, painted or attached to an awning or other window or door canopy or otherwise to the side of the building. Any projecting canvas or other material over a structural framework used for a small amount of shelter or shade on a facade that has signage displayed on the visible surface. Such signs are counted as a projecting sign.

K. Sign, banner means a temporary advertising sign which is not attached to a permanently mounted backing. Banner signs may be ground mounted or wall mounted.

L. Sign, billboard means any sign advertising a land use, business, product or service, not located or available upon the premises whereon the sign is located. These signs are distinguished from other off-premises signs by their larger than otherwise permitted size and typical location along State Highways and major arterial roadways. Additionally, billboards are often erected to attract attention to land uses, businesses, products, and/or services that may be utilized by motorists unfamiliar with area-wide land uses, businesses, products and/or services, such as tourists and out-of-state visitors.

M. Sign, box means a sign which includes a frame or box-like external structure which encloses the functional elements of the sign, including internal illumination, where the sign content is affixed on a face or panel.

N. Sign, feather means a flexible or rigid pole to which one side of a flexible fabric, generally in the shape of a feather or similar shape, is attached, and which upon which temporary sign copy is displayed. Such banners are also known and sold under names which include, but are not limited to, "quill sign," "banana banner," "blade banner," "flutter banner," "flutter flag," "bowflag," "teardrop banners," and others. The definition includes functionally similar display devices.

O. Sign, message means the thought or idea conveyed or expressed by the words, letters, insignia, figures, designs, fixtures, colors, motion, illumination, sound or projecting images or any combination thereof.

P. Sign, mobile or portable means a sign mounted on a frame or chassis designed to be easily relocated, including vehicles and/or trailers whose principal commercial use is for signage.

Q. Sign, monument means a freestanding sign, other than a pylon sign, in which the entire bottom is in contact with or close to the ground.

R. Sign, on-site traffic directional means a sign on a lot that directs the movement or placement of pedestrian or vehicular traffic with or without reference to, or inclusion of, the name of a product sold or service performed on the lot or in a building, structure or business enterprise occupying the same.

S. Sign, projecting means a sign, other than a wall sign which is attached to and projects more than one foot, generally perpendicular from a structure or building face.

T. Sign, pylon means a sign that is mounted on a freestanding pole or other supports so that the bottom edge of the sign face is eight feet or more above grade.

U. Sign, sidewalk means a type of portable sign that is intended to be placed on a hard surface, most commonly a sidewalk. These signs include A-frame signs, signs that are suspended from the top member of an A-frame, signs with weighted bases, and comparable signs.

V. Sign, temporary means a sign or advertising display intended to be displayed for a certain period of time. Included in the definition of "temporary signs" are retailers' signs temporarily displayed for the purpose of informing the public of a "sale" or special offer. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be considered as temporary. A mobile or portable sign shall not be considered a temporary sign or used for such a purpose

W. Sign, wall means a sign mounted parallel to a building facade or other vertical building surface.

X. Sign, window means a sign which is applied or attached to the exterior of a window, or applied to, attached to, or located within one foot (1') of the interior of a window, which can be seen through the window from the exterior of the structure.

Y. Sign, yard means a temporary portable sign constructed of paper, vinyl, plastic, wood, metal or other comparable material, and designed or intended to be displayed for a short period of time.

Z. Solar energy collection system, ground mounted means a solar energy collection system and associated mounting hardware that is affixed to or placed upon the ground including but not limited to fixed, passive, or active tracking racking systems.

AA. Solar energy collection system, roof mounted means a solar energy collection system that is structurally mounted to the roof of a building or other permitted structure, including limited accessory equipment associated with system which may be ground mounted. It is installed parallel to the roof with a few inches gap.

BB. Special use includes, but is not limited to:

1. Public and quasi-public uses related to the public interest;

2. Uses which may have a unique, special, or unusual impact upon the use or enjoyment of neighboring property; and

3. Planned unit developments. Special uses require a special use permit.

CC. Special use permit means the ordinance authorizing a special use.

DD. Standard shrub means a standard shrub is any plant specimen, evergreen or deciduous, which upon maturity occupies a space not less than eighteen (18) cubic feet.

EE. Standard tree means a standard tree is a tree with a minimum caliper of three inches (measured one foot above ground), ten (10) to twelve (12) feet high, of a deciduous or evergreen variety which is normally capable of attaining a twenty-five (25) foot over all spread when the plant is twenty (20) years old.

FF. Street, private or private street means an undedicated street, privately owned and maintained, and intended as a primary means of access to a lot or lots.

GG. Street, thoroughfare, or road means the full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic.

HH. Storage or stored means the keeping of items, equipment, vehicles, trailers or materials for a period of time longer than would be involved in the normal day-to-day use or consumption of the same.

II. Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, signs, light standards, air conditioning units and heat pumps, and other fixed mechanical equipment as well as recreational equipment which is not moved on a regular basis.

JJ. Structural alteration means any change, except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, but not including openings in bearing walls.

KK. Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals fifty (50) percent of the fair market value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred.

The term does not, however, include either:

1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

2. Any alteration of a structure or site documented as deserving preservation by the Illinois Department of Conservation or listed on the National Register of Historic Places.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21; Ord. No. 24-3-357, § 2, 3-26-24)

17.10.210 - "T" definitions.

A. Tavern means an establishment for the retail sale of beer, wine, distilled liquors and other intoxicating beverages, for use or consumption upon the premises, and licensed as such. May include a package liquor business.

B. Tower and antenna means structure attached to a building or a detached structure affixed to the ground, used in the transmission, relaying or receiving of electromagnetic waves or signals.

C. Transporting organization or transporter is defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.220 - "U" definitions.

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

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.230 - "V" definitions.

A. Variation means an ordinance granting specific relief from the bulk requirements of this zoning code.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.240 - "W" definitions.

A. Water feature means a swimming pool, whether in-ground or above ground; a fishpond; a garden pond; a wading pool; a hot tub or spa; or any other hole dug in the ground that will hold water for any purpose.

B. Wholesale establishment means a business establishment engaged in selling to retailers or jobbers rather than consumers.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.250 - "X" definitions.

Reserved.

17.10.260 - "Y" definitions.

A. Yard means a required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this title. A yard shall extend along a lot line and at right angles to such lot line to the face of the building. For fence and other regulations, yards shall take precedence in this order: 1—front yard; 2—corner-side yard; 3—rear yard; 4—interior-side yard.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

17.10.270 - "Z" definitions.

A. Zoning certificate means a written statement by the zoning administrator attesting that the application complies with all pertinent requirements of this zoning code.

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

1. A single lot of record;

2. A portion of a lot of record;

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

4. A piece of property described by metes and bounds.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)