In the construction of this chapter the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise:

2.1.1. Words used in the present tense shall include the future;

2.1.2. Words in the singular number include the plural number, and words in the plural number include the singular number;

2.1.3. The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for";

2.1.4. The words "shall," "must," and "will" are mandatory, establishing an obligation or duty to comply with the particular provision;

2.1.5. The word "may" is permissive;

2.1.6. All measured distances shall be to the nearest integral foot; if a fraction is less than one-half foot, the integral foot next below shall be taken. If a fraction is one-half foot or more, the next succeeding foot above shall be taken;

2.1.7. Any words not defined in this chapter shall be construed in the generally accepted meanings as defined in the most recent publication of Webster's Dictionary;

2.1.8. The particular shall control the general;

2.1.9. In the event of any conflict in limitation, requirements, or standards contained in this chapter applying to an individual use or structure, the more restrictive provision shall apply;

2.1.10. In the case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.

(Code 1975, ch. 27, § 2.1)

Where uncertainty exists with respect to the boundaries of the zoning districts shown on the zoning district map, the following rules shall be used to interpret the map:

2.2.1. Where the map shows a zoning district boundary line located within or following a public or private right-of-way, railroad or utility right-of-way, easement, or waterway, it shall be considered in the center of the right-of-way, easement, or waterway. If the actual location of such right-of-way, easement, or waterway, as indicated in a recorded legal description of such, varies slightly from the location as shown in the map, then the actual location shall control.

2.2.2. Where the map shows a boundary line as being located a specific distance from a street line or other physical feature, this distance shall control.

2.2.3. Where the map shows a district boundary to approximately coincide with a property line or municipal border, the property line or municipal border shall be considered to be the district boundary, unless otherwise indicated on the map.

2.2.4. Where the map shows a district boundary not to coincide or approximately coincide with any public or private right-of-way, driveway, railroad, waterway, or property line, and no dimensions are shown, the location of the boundary shall be determined by use of the scale appearing on the map.

2.2.5. Where the map shows a district boundary dividing a lot, each part of the lot shall be used in conformity with the standards established by this chapter for the zoning district in which that part is located.

(Code 1975, ch. 27, § 2.2)

Abandon: To cease from maintaining, practicing or using.

Abutting: To have a common property line or zoning district line.

Accessory building, structure or use: An accessory building, structure or use is one that:

(a)

Is subordinate to and serves a principal building or principal use;

(b)

Is subordinate in building area, intensity of use, or purpose to the principal building or principal use served;

(c)

Contributes to the comfort, convenience, necessity of occupants of the principal building or principal use served;

(d)

Is, except as otherwise expressly authorized by the provisions of this chapter, located on the same zoning lot as such principal structure or use;

(e)

Is under the same ownership or control as the principal structure or use; and

(f)

Is prohibited prior to the establishment of the primary use except where authorized by the zoning administrator.

Accessory structure, nonpermanent: A nonpermanent accessory structure is an accessory structure that is temporarily or semi-permanently affixed to the ground, including patios, sheds, and aboveground swimming pools.

Administrative occupancy permit: An annual occupancy permit reviewed upon submittal by the applicant of a written, detailed, description of the current use(s) conducted on the premises, and any changes in the use since issuance of the previous administrative occupancy permit by the community development director, and issued after review and approval of the existing use for conformance to all applicable sections of the Hanover Park Code and state statutes.

Adult physical culture establishment: Any establishment which offers, provides or advertises massage, body rubs or physical contact with specified anatomical areas, regardless of whether or not said establishment has received a sexually oriented business permit under this ordinance. Establishments which routinely provide medical services by state-licensed medical practitioners, electrolysis treatment by permitted operators of electrolysis equipment, and massage by licensed massage therapists shall be excluded from the definition of adult physical culture establishments. It is not the intent of this ordinance to regulate matters of massage establishments which are licensed and regulated by the state department of professional regulation, or by the village as a licensed massage establishment.

Editor's note— The above definition is derived from Ord. No. O-99-14. Licensing regulations applicable to sexually oriented businesses, derived from Ord. No. O-99-15, are set forth in ch. 58, art. XXX.

Adult use recreational cannabis business: Any of the following six cannabis businesses as defined within this section.

Cannabis dispensing facility or organization/dispensaries

Craft growers

Cultivation centers

Infusers

Processors

Transporters

(1)

As to each of the adult use recreational cannabis business uses the following shall be adhered to:

A distance of 500 feet shall be maintained from schools, daycare facilities, public parks and libraries, and similar uses;

The use may occupy either a stand-alone building or a unit in a multi-unit building in which it constitutes the entire occupancy and being the sole use therein;

The hours of operation should not violate any state restrictions and may only be opened after 6:00 a.m. and before 10:00 p.m.;

Drive-thrus are prohibited; and

On-premises smoking/consumption is prohibited.

(2)

For purposes of determining required parking, adult-use recreational cannabis businesses shall be classified as follows for determining the schedule of parking requirements (see section 110-6.2.3 - Off-street parking and loading). The village may require additional parking as part of any special use.

(3)

That adult use recreational cannabis businesses shall not be permitted within the "Village Center." The village center is all of the village's TIF 3 (Village Center TIF), and the village's municipal complex lying north of the Chicago Milwaukee and St. Paul Railroad/Metra railroad main line ("main line") and all of the following territory lying south of said main line described as follows: beginning at the intersection of the northerly extension from its northerly terminus of Old Barrington Road and the main line, then along said northerly extension and along Old Barrington Road extended southerly to the northerly boundary of Larwin's First Addition to Greenbrook, Unit 3, then westerly along said northerly subdivision boundary and the northerly boundaries of Larwin's Second Resubdivision of Greenbrook, Unit 2 and Greenbrook, Unit 2 (all subdivisions in DuPage County, Illinois) and then extending westerly from said last-mentioned subdivision's northerly boundary as extended westerly to the west corporate limits of the village, and then northerly along the village's westerly corporate boundary to the main line.

Alteration: Alteration shall mean any change in size, shape, character, occupancy, or use of a building or structure.

Apartment: See Dwelling.

Amusement center (coin-operated): The term "coin-operated amusement center" as used herein means any establishment that has more than three coin-operated amusement devices located on the premises.

Amusement device (coin-operated) The term "amusement device" as used herein means an apparatus, which in return for the payment of a fee, provides the user with the diversion or amusement by physical or mental competition conducted in accordance with prescribed rules or conditions. This includes such devices as marble machines, pinball machines, electronic games, skillball, mechanical grab machines, and all similar games, operations or devices however designated.

Auditorium: An auditorium is a room, hall or building made part of a church, theater, school, recreation building, or other building assigned to the gathering of people as an audience to observe or hear lectures, plays, and other presentations.

Automobile dealership: Automobile dealership means the sale or rental of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including incidental storage, maintenance, and servicing, at which dealership the title to each motor vehicle shall be registered in the name of the party that possesses the village business registration or its franchiser for the motor vehicle sales premises and such evidence of ownership shall be present at the licensed premises during its normal hours of operation.

Automobile service station: An automobile service station is any building or premises used for the dispensing, sale, or offering for sale of any automotive fuels and oils, including electric vehicle charging station, having pumps and storage tanks, and where battery, tire, minor repairs and other similar services are rendered, if rendered wholly within lot lines. It does not include:

(a)

Spray painting;

(b)

Body, drive train, or frame repairs or repairs requiring the removal thereof;

(c)

Recapping of tires;

(d)

Nor the sale of automobiles, trailers, vans, recreational vehicles or trucks;

(e)

The unenclosed storage of automobiles, trucks, trailers or other motor vehicles for purposes other than awaiting repair; and

(f)

Accessory electric vehicle charging stations.

Automobile wrecking yard: An automobile wrecking yard is any place where one or more motor vehicles not in running condition, and/or motor vehicle parts, are stored in the open; or any land, building or structure used for the demolition or storing of such automobiles or the parts thereof.

Awning: A roof-like 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.

Banks and other financial institutions: Commercial banks, savings and loan associations, publicly traded securities, brokerage offices and other similar financial institutions, but not including pawn shops, payday loan stores, or title loan stores.

Banquet facility: A banquet facility is a facility where food, either prepared on the premises or otherwise and/or beverages are provided on a prearranged basis for consumption on premise; is not open to the public, and the use thereof is restricted to invitees of the party contracting for use of the facility.

Basement: A story wholly or partly underground and having one-half or more of its height below the average level of the adjoining ground.

Berm: A berm is an earthen mound utilized for buffer, landscape, and/or aesthetic purposes.

Block: A block is a tract of land bounded by street rights-of-way, or by a combination of street rights-of-way and public parks, cemeteries, railroad, and utility rights-of-way, shorelines of waterways, or corporate boundary lines.

Body shop: A body shop is an establishment providing major repair services for motor vehicles, such as collision repair services, including body, frame, or fender straightening or repair and painting of vehicles, or other motor vehicle or motor vehicle parts repair or replacement activities generating noise or odor, in addition to those operations specified under "motor vehicle repair shop."

Buildable area: Buildable area is that area remaining on a lot or parcel after complying with all yard requirements. Such remaining area may be built upon provided the building meets all applicable requirements.

Building: Any structure used or intended for the support, shelter, or enclosure of persons, animals, chattel, or movable property of any kind, and which is permanently affixed to the land.

Building height: See Height.

Building line: See Yard line.

Building, principal: A principal building is the primary structure or building containing the permitted or special use within the zoning district, in contradistinction to accessory building.

Building, temporary: A temporary building is a structure designed, built, created, or occupied for short and/or intermittent periods of time including tents, trailers, and other roofed structures on wheels or other supports used for residential, commercial, industrial, institutional, or recreational purposes. For the purpose of this definition, "roof" shall include an awning or other similar covering whether or not it is permanent in nature.

Cannabis dispensing facility or organization: A 'dispensing organization' as defined in the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.), as amended, which is operated by an organization or business that is licensed by the department of financial and professional regulation to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies under this Act to purchasers or to qualified registered medical cannabis patients and caregivers. As used in this Act, dispensary organization shall include a registered medical cannabis organization as defined in the Compassionate Use of Medical Cannabis Pilot Program Act or its successor Act that has obtained an early approval adult use dispensing organization license.

Canopy: Any structure, mobile 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, or a roof-like structure of permanent nature which projects from the wall of a structure.

Carwash: A carwash is a building or portion thereof containing facilities for washing motor vehicles, using automatic production-line methods with a chain conveyer, blower, steam cleaning device, or other mechanical devices, or providing space, water, or equipment for the handwashing of autos, whether by the customer or the operator of the carwash.

Cellar: See Basement.

Cemetery: A cemetery is a parcel of land or structure dedicated to and at least a portion of which is being used for the interment of human or animal remains. A cemetery may include crematoria, mausoleums, and columbaria.

Club, or lodge, private: A private club or lodge is a group or association of persons who are bona fide members, which owns, hires, or leases a building or portion thereof, for the sole use of members and their guests, and which may include serving food and meals on such premises.

Common open space: A parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a planned development, and designed and intended for use or enjoyment of all the users of the planned development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of all the occupants of the planned development including, but not limited to, common club houses, pools, tennis courts, compensatory storage, and similar facilities, but shall not include:

1.

Areas reserved for the exclusive use or benefit of an individual tenant or owner, such as fenced yards or private residential yards;

2.

Dedicated streets and other public rights-of-way; and

3.

Vehicular drives, parking islands, parking, loading and storage areas.

Community residence: A community residence is a specialized residential care facility serving unrelated persons with disabilities, but not including residential care facilities that serve persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance abuse or alcohol abuse, or persons whose primary reason for placement is treatment of a communicable disease.

Comprehensive plan: A comprehensive plan is a plan for Hanover Park including graphic and written proposals indicating the general locations recommended for the streets, parks, schools, public buildings, and all land uses of the village, including any unit or part of such plan and parts thereof, adopted by the president and board of trustees. Such plan shall be advisory and shall not be construed to regulate or control the use of private property in any way except as to such part of the comprehensive plan which has been implemented by ordinances adopted by the president and board of trustees.

Construction: Construction means the on-site erection, fabrication, installation, alteration, demolition, or removal of any structure, facility, or addition thereto, and all related activities including, but not restricted to, clearing of land, earth moving, blasting, and landscaping.

Contiguous: "Contiguous" means in contact, adjoining, or touching another object or item, as distinguished from abutting.

Corner lot: See Lot, corner.

Craft grower: A facility operated by an organization or business that is licensed by the 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. A craft grower may contain up to 5,000 square feet of canopy space on its premises for plants in the flowering state. The department of agriculture may authorize an increase or decrease of flowering stage cultivation space in increments of 3,000 square feet by rule based on market need, craft grower capacity, and the licensee's history of compliance or noncompliance, with a maximum space of 14,000 square feet for cultivating plants in the flowering stage, which must be cultivated in all stages of growth in an enclosed and secure area. A craft grower may share premises with a processing organization or a dispensing organization, or both, provided each licensee stores currency and cannabis or cannabis-infused products in a separate secured vault to which the other licensee does not have access or all licensees sharing a vault share more than 50 percent of the same ownership.

Cultivation center: A facility operated by an organization or business that is licensed by the department of agriculture to cultivate, process, transport (unless otherwise limited by this Act), and perform other necessary activities to provide cannabis and cannabis-infused products to cannabis business establishments.

Day care center: A day care center is any care facility receiving more than eight children for fewer than 24 hours per day attended by persons other than or in addition to parents or legal guardians and licensed by the state.

Day care home: A day care home is a facility located in a single-family dwelling unit that receives not more than eight children for fewer than 24 hours per day attended by persons other than or in addition to parents or legal guardians, and is licensed by the State of Illinois if more than three non-family children are received. The maximum of eight children includes the family's natural or adopted children under the age of 16 and those children who are in the home under full-time care.

dB(A): dB(A) means decibels as read on a sound level meter when set for the A-weighted filter, which approximates the sensitivity of the human ear as to frequency response.

Dealer: Any person, firm partnership, corporation, and any principal, employee, agent or servant thereof, regularly engaged for 30 days or more from one location in or conducting business for the purchase, sale, barter, exchange or the pawn of junk, antiques, secondhand articles, coins, gold, silver, platinum, gems and semiprecious stones.

Density, gross: Gross density is only applicable to residential development and is the numerical value obtained by dividing the total number of the dwelling units in a development by the gross area of the tract of land (in acres) within a development, including all nonresidential land uses and private driveways of the development as well as rights-of-way of dedicated streets; the result being the number of dwelling units per gross acre of land.

Density, net: Net density is only applicable to residential development and is the numerical value obtained by dividing the total number of dwelling units in a development by the area of the actual tract of land (in acres) upon which the dwelling units are proposed to be located including common open space, and associated recreational facilities within the area; the result being the number of dwelling units per net residential acre of land, excluding rights-of-way of publicly dedicated streets.

Detached structure: A detached structure is any structure having no party wall or common wall with another structure. Bridges, tunnels, breezeways, fences, and other similar means of connecting one structure to another shall not, for the purposes of this chapter, be considered to constitute a party wall or a common wall.

Detention/retention: See chapter 38 of the Hanover Park Municipal Code.

Disability: Disability is a personal condition which is:

(1)

Attributable to mental, intellectual, or physical impairment or a combination of mental, intellectual, or physical impairments;

(2)

Likely to continue for a significant amount of time or indefinitely; and

(3)

Results in functional limitations in three or more of the following areas of major life activities: self-care; receptive or expressive language; learning; mobility; self-direction; capacity for independent living; economic self-sufficiency; and reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services of a lifelong or extended duration, but is not the result of a communicable disease or substance abuse or alcohol abuse.

District, commercial: One or more of the following zoning districts: H, B-1, B-2.

District, office/industrial: One or more of the following zoning districts: BP, HC, L-I.

District, residential: One or more of the following zoning districts: R, R-1, R-2, R-3, R-4.

District, zoning: A zoning district is a section or sections of the incorporated territory of Hanover Park for which the regulations and requirements governing use, lot, and bulk of buildings and premises are uniform.

Drive-in establishment: A drive-in establishment is a place of business operated for the sale and purchase at retail of food and other goods, services, or entertainment, and which is designed and equipped so as to allow patrons to be served or accommodated while remaining in their automobiles.

Driveway: A driveway is a pathway for motor vehicles from a street to a permitted accessory structure used for service purposes or for access to the principal structure on a zoning lot.

Dwelling: A dwelling is a building, or portion thereof designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multiple-family dwellings, but not including mobile homes, hotels, motels, and rooming, boarding or lodging houses.

Dwelling, multiple-family: A multiple-family dwelling is a building, or portion thereof, consisting of three or more dwelling units with varying arrangements of entrances and party walls, which may include, but is not limited to the following: apartment, condominium, cooperative, quadraminium, three-flat, and triplex.

Dwelling, single-family attached: An attached single-family dwelling is a building consisting of dwelling units each of which is attached by a common vertical wall to at least one other dwelling unit with each dwelling unit having a separate entrance, including "townhouse" and "row house."

Dwelling, single-family detached: A single-family detached dwelling is a freestanding building containing one dwelling unit.

Dwelling, two-family: A two-family dwelling or duplex is a building consisting of two dwelling units attached by a vertical common wall, with each dwelling unit having a separate entrance, or by a horizontal partition, where there may be a shared entrance.

Dwelling unit: A dwelling unit consists of one or more rooms, including at least one complete permanently installed bathroom and not more than one complete kitchen facility arranged, designed, or used as living quarters for not more than one family.

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 and integral to delivery electrical power from a facility for charging electric vehicles.

Electric vehicle charging, Level 2: An electric vehicle charging station that works with 208 to 240 volts AC, with a power range generally from 3.3 kW to 19.2 kW, and usually providing 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 a vehicle through a standard connector.

Electric vehicle charging, Level 3 (Direct Current Fast Charging (DCFC)): An electric vehicle charging station that provides direct current at various amperage levels and voltage levels, most commonly 480 VAC, with power outputs ranging between 25 and 175 kW of power. DCFCs convert Alternating Current (AC) from mains power and output Direct Current (DC) which then delivers DC power to a vehicle through a standard connector.

Electric vehicle charging station (EVCS): Equipment designed to safely supply power from a facility or structure to an electrically powered vehicle. EV charging stations include hard-wired charging stations that may also integrate communication, metering, GPS and other features that assist EV drivers and the host facility, but not charging stations that temporarily plug in to standard wall outlets.

Employee of a sexually oriented business: A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business. A person may be considered an employee under this definition even if said person is an independent contractor, provided that said person has a substantial or consistent relationship with the business of, or entertainment/services provided by, the sexually oriented business.

Establishment (in relation to a sexually oriented business): "Establishment," in relation to a sexually oriented business, means and includes any of the following:

(1)

The opening or commencement of any sexually oriented business as a new business;

(2)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(3)

The addition of any sexually oriented business to any other existing sexually oriented or non-sexually-oriented business; or

(4)

The relocation of any sexually oriented business.

Escort: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

Expressway: A freeway (as defined in the Illinois Vehicle Code (625 ILCS 5/1-101 et seq.), as amended) with full control access and with grade separation at intersections.

Family: Either: (a) One or more persons, each related by blood, marriage, or legal adoption (including foster children), living together as a single housekeeping unit in a dwelling unit; or (b) Not more than five persons, not related by blood, marriage, or legal adoption (including foster children), living together as a single housekeeping unit in a dwelling unit, together with, in either case, paid attendants. For the purposes of this definition, "living together as a single housekeeping unit" means that each person has the equal right to use, in common with the others, the areas customarily considered to be common areas in a dwelling unit.

Fence: A freestanding structure of metal, masonry, composition or wood or any combination thereof permanently installed by being partially buried in the ground and rising above ground level, and used for confinement, screening, or partition purposes, including the following:

(1)

Fence, decorative: A fence not more than three feet in height and intended primarily for aesthetic purposes, that has 50 percent or more of the surface open and unobstructed to both light and air, when viewed perpendicular to the plane of the fence;

(2)

Fence, natural: A living barrier fence that is made of natural growth, such as shrubs, hedges, evergreens and similar planted vegetation;

(3)

Fence, solid: A fence having a regular pattern that has less than 25 percent of the surface open and unobstructed to both light and air, when viewed perpendicular to the plane of the fence.

Floodplain: Refer to section 38-33, Engineering Standards and Specifications, of the Municipal Code.

Floor area (for determining off-street parking and loading requirements:) Floor area, for determining off-street parking and loading requirements, shall mean the sum of the gross horizontal area of the floor(s) of the building excluding floor area devoted to the following uses:

(1)

Kitchen facilities;

(2)

Permanent storage;

(3)

Off-street parking and loading facilities including aisles and maneuvering space;

(4)

Basement floor area other than area devoted to retailing activity, production or processing of goods, or business or professional offices;

(5)

Mechanical rooms, stairwells; and

(6)

Shafts devoted to elevators, wiring or mechanical equipment.

Floor area ratio (FAR): The floor area ratio (FAR) of the building or other structure on any lot is determined by dividing the floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, the FAR is determined by dividing the total floor area of all buildings or structures by the area of the lot, or, in the case of a planned unit development, by the site area less dedicated rights-of-way. The FAR requirement, as set forth under each zoning district, determines the maximum floor area allowable for a building or other structure (including both principal and accessory buildings) in direct ratio to the gross area of the lot or site area less dedicated rights-of-way.

Food truck: A food-vending vehicle or apparatus towed by a vehicle from which any food or beverage product is sold, given away, displayed, or offered for sale at retail. A food-vending vehicle shall not include:

(1)

A temporary fixed food facility, such as a festival tent;

(2)

A food-vending-vehicle deployed during a disaster or an emergency situation; or

(3)

A prearranged delivery.

Frontage: Frontage is all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

Funeral home: A funeral home is an establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals.

Garage, commercial: A commercial garage is a building used or intended to be used for the storage of motor trucks, truck trailers, tractors, buses, and commercial vehicles exceeding 1½ tons gross vehicle weight.

Garage, private: A private garage is an accessory building or an accessory portion of the principal building or both intended and used to store motor vehicles designed to carry not more than ten passengers and which may be used for the storage of not more than one vehicle having up to two tons gross vehicle weight.

General sales dealer: Any dealer who conducts business in any secondhand article.

Grade: The established grade shall be as prescribed by the village engineer. Where no such grade has been established, the grade shall be the average elevation of the sidewalks at the property lines. Where no sidewalks exist, the grade shall be the average elevation of the top of the curbs abutting the property. Where no street curbs exist, the grade shall be the average elevation of the centerline of the streets abutting the property.

Height: The vertical distance from grade to the highest point of the roof of a building or the highest point of a structure.

Holiday tree sales: The temporary outdoor sale of pre-cut trees for sale typically around the winter holiday season.

Home occupation: Home occupation is any occupation or profession engaged in by the occupant of a dwelling at or from the dwelling, where such home occupation is incidental and secondary to the use of the dwelling for dwelling purposes.

Horse stable: A horse stable is a structure on any residential lot or premises, including a stable, paddock area, mud lot, and corral, where not more than two adult horses over seven months of age and one foal under seven months of age are kept for a period in excess of three consecutive days.

Hospital: A hospital is any institution, place, building, or agency, public or private, whether organized for profit or not, devoted primarily to the maintenance and operation of facilities for the diagnosis and treatment or care of two or more unrelated persons admitted for overnight stay or longer in order to obtain medical, including obstetric, psychiatric and nursing, care of any condition, illness, disease, injury, infirmity, or deformity. The term "hospital" with regard to length of stay shall also include:

(1)

Any facility devoted primarily to providing psychiatric and related services and programs for the diagnosis and treatment or care of two or more unrelated persons suffering from emotional or nervous disease; and

(2)

All places where pregnant women are received, cared for, or treated during delivery, irrespective of the number of patients received.

The term "hospital" includes general and specialized hospitals, tuberculosis sanitaria, mental or psychiatric hospitals and sanitaria, maternity homes, hospices, lying-in homes, and homes for unwed mothers in which aid is given during delivery.

Hotel-motel: A hotel-motel is an establishment containing lodging accommodations designed for use by transients, travelers, or temporary guests, and which may include facilities providing maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms, and restaurants.

Infuser organization or infuser: A facility operated by an organization or business that is licensed by the department of agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product.

Junkyard: Junkyard is an open area where junk, waste, scrap, discarded, or salvaged material is bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard includes automobile wrecking, salvage or storage yards, used lumber yards, yards for storage of salvaged house wrecking and structural steel materials and equipment, recycling drop-off stations and recycling centers, but does not include such uses established entirely within enclosed buildings.

Kennel, commercial: A commercial kennel is any lot or premises on which more than three dogs, cats, or other household pets are either permanently or temporarily boarded, and which may include "veterinary clinic."

Licensed premises of a sexually oriented business: Any premises that requires a license and that is classified as a sexually oriented business under this chapter.

Licensee: A person in whose name a license to operate a sexually oriented business has been issued as well as each individual listed as an applicant on the application for a permit.

Limited sales dealer:

(1)

Any dealer who does not conduct business in the following secondhand articles: jewelry, coins, precious metals, gold, silver, platinum, gems, semiprecious gems, electronic equipment, radios, televisions, video or audio receivers, appliances, or similar items.

(2)

A limited sales dealer shall be required to provide evidence acceptable to the village clerk that it is complying with the restrictions of a limited sales dealer.

Lingerie modeling business: Any place where a person who appears in a state of nudity or semi-nudity or in lingerie is provided to be observed by other persons who pay money or any form of consideration.

Lot area: Lot area means the net horizontal area within the lot lines, excluding any portion of a flag (panhandle) lot, providing access to a street and excluding any public or private easement or right-of-way providing access to another lot.

Lot, corner: A corner lot is a lot situated at the intersection of two or more streets, where the interior angle of such intersection is coterminous with the right-of-way lines of such streets and does not exceed 135 degrees.

Lot coverage: Lot coverage is that portion or percentage of a lot permitted to be covered by structures or any impervious surface, excepting nonpermanent accessory structures.

Lot depth: Lot depth is the mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.

Lot, interior: An interior lot is any lot other than a corner lot.

Lot line: A lot line is a property boundary line, except that where any portion of the lot extends into the abutting street or driveway, the lot line shall be deemed to be the sidewalk, curb, or edge of pavement, whichever is closest to the yard line.

Lot line, front: The front lot line is that which abuts the street right-of-way line. On a corner lot, either lot line abutting a street may be designated. On a through lot, this shall be along the street which is designated as such by the zoning administrator, except that where an established front yard exists, a vacant through lot in the block shall have its front lot line along the same street as majority of the developed lots on the block.

Lot line, rear: The rear lot line is the lot line most nearly parallel to and most remote from the front lot line. If the rear lot line as determined above shall be less than ten feet in length, such rear lot line shall be determined to be a line which is not less than ten feet in length, which line shall be parallel to and at the maximum distance from the front lot line.

Lot line, side: A side lot line is any boundary of a lot which is neither a front lot line nor a rear lot line.

Lot of record: A lot of record is a single lot that is part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds of either Cook or Du Page Counties, Illinois, or a single parcel of land, the deed of which has been recorded in the office of the recorder of deeds of either Cook or Du Page County, Illinois.

Lot, reversed corner: A reversed corner lot is a corner lot, the rear of which abuts upon the side of another lot, whether or not across a street or driveway.

Lot, through: A through lot is any interior lot that has a pair of opposite lot lines along two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be designated front lot lines, and front yards shall be provided as required by this chapter except for through lots in a business park or high cube district.

Lot width: Lot width is the minimum horizontal distance between the side lot lines measured within the buildable area. In the case of a lot that has a curvilinear front lot line, the width shall be measured along the chord of the arc at the front yard line.

Lot, zoning: A zoning lot is a single tract of land, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Zoning lot lines shall not cross zoning district boundary lines unless otherwise permitted in this chapter. A "zoning lot or lots" may or may not coincide with a lot of record.

Medical cannabis cultivation center: A facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis, as provided for in the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the State of Illinois effective January 1, 2014, as may be amended from time to time.

In those zoning districts in which a medical cannabis cultivation center may be located, the proposed facility must comply with and not violate the following:

1.

Facility may not be located within 2,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

2.

Facility may not be located within 2,500 feet of the property line of a pre-existing property zoned for residential use.

3.

Facility may not conduct any retail sales.

4.

For purposes of determining required parking, medical cannabis cultivation centers shall be classified as "Industrial: - Research and Development" per section 6.2.3 schedule of parking requirements.

Medical cannabis dispensing facility: A facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis to registered qualifying patients, as provided for in the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the State of Illinois effective Jan. 1, 2014, as may be amended from time to time.

In those zoning districts in which a medical cannabis dispensing facility may be located, the proposed facility must comply and not violate the following:

1.

Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

2.

Facility may not be located in a home, apartment, condominium.

3.

Facility shall be located at least 1,000 feet from another medical cannabis dispensing facility, to discourage concentration in any geographical area.

4.

For purposes of determining required parking, said facilities shall be classified as "Services and Institutions: - Medical, Dental" per section 6.2.3 schedule of parking requirements.

5.

Signs for a dispensing facility shall not include any realistic or stylized graphical representation of the cannabis plant or its parts or any realistic or stylized graphical representation of drug paraphernalia. Signs shall not include any wording that would identify the property as a medical marijuana dispensary or use clinical, botanical or slanging terms for cannabis, cannabis consumption, cannabis intoxication or drug paraphernalia including but not limited to "cannabis", "marijuana", "weed", "pot", "420", "joint", "Mary Jane", "ganja", "hash", "herb", "bong", etc.

6.

Facility shall be located at least 1,000 feet from a residential use or any area zoned for residential use.

7.

That the use be located in stand-alone building(s), and not a multi-tenant building.

8.

That paraphernalia for medical cannabis if displayed and sold at the dispensing facility, shall be done so in compliance with the Illinois Drug Paraphernalia Act, 720 ILCS 600/1 et seq. and Public Act 098-0122 and shall occupy no more than ten percent of the square footage of floor space devoted to retail sale. Further, no reference concerning the paraphernalia or located on the paraphernalia or its packaging shall reference "Hanover Park" or any of the prohibited communications as listed above in subsection 5 of this definition.

Medical clinic: A medical clinic is a building or portion thereof containing an association or group of physicians, dentists, clinical psychologists, or similar professional health care practitioners, including allied professional assistants assembled for the purpose of carrying out their professions, and which may include pharmacy, dental, and medical laboratories, and/or X-ray facilities, but not inpatient care or operating rooms for major surgery.

Meteorological tower (met tower): Includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators) wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

Motor vehicle service shop: A motor vehicle service shop is an establishment providing minor repair and maintenance services within an enclosed structure, but not including the sale of automotive fuels or oils, and operations permitted exclusively under "body shop."

Multi-tenant retail: An indoor site where individual stalls or spaces are provided for vendors to display, sell, exchange, or deal in new or used goods. Also known as flea market, swap meet, craft market, etc.

Nonconforming building, structure, or use: A nonconforming building, structure, or use is any building, structure, or use that does not comply with all of the regulations of this chapter.

Nonconforming use, legal: A legal nonconforming use is any use that existed lawfully at the time of the adoption of this chapter or any amendment thereto and which remains nonconforming.

Nude model studio: Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed, videotaped or similarly depicted by any other person or persons who pay money or any form of consideration for such observation, sketching, drawing, painting, photography or videotaping.

Nudity or a state of nudity: The appearance or to simulate the appearance of a human bare buttock, anus, pubic area, anal cleft or cleavage, male genitals, female genitals or the female breast. "Nudity" or "state of nudity" shall not mean nor include a person who appears in a state of nudity in a modeling class operated:

(1)

By a proprietary school, licensed by the state; or a college, junior college, or university supported entirely or partly by taxation; or

(2)

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

Nursing home: A nursing home is an institution, whether operated for profit or not, or a home for the infirm and chronically ill operated by a political subdivision of the state which provides, through its ownership or management, maintenance, personal care, or nursing for three or more persons, not related to the applicant or owner by blood or marriage, or any similar facility in which maintenance is provided to three or more persons, who, by reason of illness or physical infirmity, require personal care or nursing.

Off-street loading and unloading space or berth: Off-street loading and unloading space or berth is an open, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading, and unloading of motor vehicles, tractors, and trailers, to avoid undue interference with public streets and driveways complying with section 110-6.2 of this chapter, exclusive of access aisles and maneuvering space.

Off-street parking space: An off-street parking space is a space within a public or private parking area in compliance with the requirements set forth in section 110-6.2 of this chapter.

Open sales or storage lot: An open sales or storage lot is that open paved portion of a lot or parcel of land used or occupied for the purpose of buying, selling, or trading of all goods and commodities and including the storage of same prior to sale or exchange.

Operator of a sexually oriented business: "Operator of a sexually oriented business" means and includes the owner, permit holder, custodian, manager, operator and person in charge of any permitted premises.

Pawn shop: Any business that in any manner lends or advances money or other valuable things, other than securities or written evidence of indebtedness, or that deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price. May include businesses that perform such services under other names, such as cash for gold.

Payday loan store: A business that provides loans to individuals in exchange for one or more of the following forms of collateral, which are held for an agreed upon period of time prior to presentment for payment or deposit: personal checks, authorization to debit consumers' bank accounts, or interest in consumers' wages, including, but not limited to, wage assignments.

Person: An individual, proprietorship, partnership, corporation, association, or other legal entity.

Planned unit development: Planned unit development means a parcel of land or contiguous parcels of land of a size sufficient to create its own character, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the character of which is compatible with abutting parcels, and the intent of the zoning district or districts in which it is located. The developer or developers may be granted relief from specific land use regulations and design standards and may be awarded certain premiums in return for assurances of an overall quality of development, including any specific features that will be of exceptional benefit to the village as a whole and would not otherwise be required by this chapter.

Processing organization or processor: A facility operated by an organization or business that is licensed by the department of agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or cannabis or cannabis concentrate into a product formulation to produce a cannabis product.

Public park: Public land which has been designated for park or recreational activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, open space, wilderness area, or similar public land within or adjacent to the village which is under the control, operation, or management of recreation authorities.

Recreation buildings and structures, commercial: A place designed and equipped for the conduct of sports and leisure-time activities, operated as a business and open to members, guests, and/or the public for a fee.

Recreation buildings and structures, public: A place designed and equipped for the conduct of sports and leisure-time activities, and open to the general public, and usually owned and operated by a governmental agency.

Recreational vehicle: A vehicle used for traveling or recreational activities including but not limited to:

(a)

Every camping trailer, motor home, mini-motor home, travel trailer, tent trailer, truck camper, or van camper used primarily for recreational purposes and not used commercially, and

(b)

Every boat, other watercraft, jet ski, canoe, golf cart, snowmobile, all-terrain vehicle (ATV), unlicensed motorcycle, or off-road or unlicensed motor vehicle that cannot legally be driven on village streets including race cars and stock cars, and

(c)

Every trailer, whether open or enclosed, that contains a recreational vehicle included in subsection (a) and (b).

Religious institution: Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

Restaurant: A restaurant includes any building, structure or portion thereof, licensed as a food service facility, where food is provided for sale, for consumption on the premises, or where food is prepared and sold for consumption off the premises, including a cafe, coffeehouse, lunchroom, tearoom, dining room, drive-in, carryout, or other similar establishment, but not including any establishment where preparation of food is merely incidental to the sale of food products, such as grocery stores, convenience stores and food markets.

Retail product displays, outdoor: The outdoor display of products otherwise permissible at and on the same lot as an existing licensed, retail business.

Retail repair shops: Establishments primarily engaged in the repair and/or servicing of retail products including appliances, watches and jewelry, musical instruments, and office machines, but not including automotive and equipment repairs and/or services.

Retail sales: Retail sales means the sale or rental of commonly used goods and merchandise for personal or household use, but excludes those classified more specifically in this section. Typical uses include establishments offering the following products or services: household cleaning and maintenance product, for sale or rental to the general public; drugs, cards, stationery, notions, books, tobacco products, cosmetics, or specialty items; apparel, jewelry, fabrics, and like items; cameras or photography services; food and grocery stores; household electronic equipment, records, sporting equipment, kitchen utensils, small home appliances, art supplies and framing, arts and antiques, paint, interior decorating services, or office supplies; and department stores, furniture stores, or establishments providing home furnishings and appliances, wallpaper, carpeting, and floor covering, or automotive parts and accessories (excluding service and installation).

Right-of-way, public: Right-of-way is a strip of land dedicated to the public and occupied or intended to be occupied by a street, crosswalk, water main, sanitary or storm sewer main, or for another public use. The usage of the term "right-of-way" for land platting purposes shall mean every right-of-way established and shown on a final plat as to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the owner of the property subject to the plat on which such right-of-way is established.

Satellite dish: A satellite dish is any antenna with an essentially solid or mesh surface, whether flat, concave or parabolic, designed for receiving television signals from orbiting satellites or other sources.

School, commercial: An institution, which principally offers, specific courses of instruction in business, trade, industry or other trained skills, but does not offer academic instruction equivalent to the standards prescribed by the School Code (105 ILCS 5/1-1 et seq.), as amended.

School, private: An institution conducting regular academic instruction at kindergarten, elementary, junior high, or senior high school levels, operated by nongovernmental organizations, which programs are accepted by the state in lieu of public instruction. This includes all privately owned schools licensed by the state, but not commercial schools.

School, public: An institution conducting regular academic instruction at kindergarten, elementary, junior high, or senior high school levels, that does not provide lodging for students and that offers general academic instruction equivalent to the standards prescribed by the School Code (105 ILCS 5/1-1 et seq.), as amended.

Screening: Screening is fencing, including masonry and solid wall fencing but not chain link, or evergreen vegetation maintained for the purpose of concealing from view the area behind it.

Secondhand article: Any item of personal property or object of value, previously owned or used, which is not purchased or sold as new. Secondhand articles do not include property purchased by one licensed, established merchant from another within or without the village in the normal course of business.

Semi-nude or semi-nudity: A state of dress in which clothing covers no more than the genitals, pubic region and the areola or nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

Sexual encounter center: A sexually oriented business or similar commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between male and female persons and/or persons of the same sex when one or more of the persons are in a state of nudity or semi-nudity.

(3)

Any commercial establishment or business not otherwise defined herein where any individual, employee, operator or owner works or performs in a semi-nude state.

Sexually oriented arcade: Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to not more than one person per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Sexually oriented bookstore, sexually oriented video store or sexually oriented novelty store:

(1)

"Sexually oriented bookstore," "sexually oriented video store" or "sexually oriented novelty store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, computer disks, or other visual representations, which are characterized by depictions or descriptions of specified sexual activities or specified anatomical areas; or

b.

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

(2)

The term "principal business purpose" shall include any such commercial establishment which:

a.

Derives 25 percent or more of its gross monthly revenues from the sale or rental of the inventory and/or materials described in subsection (1)a and/or (1)b of this definition; or

b.

Has as 25 percent or more of its stock in trade the inventory and/or materials described in subsection (1)a and/or (1)b of this definition; or

c.

Devotes 25 percent or more of its interior business area to the sale or rental of the inventory and/or materials described in subsection (1)a and/or (1)b of this definition; or

d.

Devotes 25 percent or more of its advertising to the sale or rental of the inventory and/or materials described in subsection (1)a and/or (1)b of this definition.

e.

Does not meet one or more of the criteria in the preceding subsections a through d, but does offer for sale or rental the inventory and/or materials described in the preceding subsection (1)a and/or (1)b in a manner which demonstrates that the sale or rental of the aforesaid materials is a principal business purpose.

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material characterized by depictions or descriptions of specified sexual activities or specified anatomical areas and still be categorized as a sexually oriented bookstore, sexually oriented video store or sexually oriented novelty store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as a sexually oriented bookstore, sexually oriented video store or sexually oriented novelty store so long as one of its principal business purposes is the offering for sale or rental for any form of consideration any one or more of the specified materials characterized by depictions or descriptions of specified sexual activities or specified anatomical areas.

Sexually oriented business: A sexually oriented arcade, sexually oriented bookstore, sexually oriented video store or sexually oriented novelty store, sexually oriented cabaret, sexually oriented motion picture theater, sexually oriented theater, physical culture establishment, lingerie modeling business, nude model studio, sexual encounter center or escort agency.

Sexually oriented motion picture theater: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Sexually oriented theater: A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Shopping center: "Shopping center" shall mean a commercial development where there is located a building or buildings each with two or more businesses sharing a common wall or walls in which there are appurtenant shared facilities such as a common entranceway, parking lot, pedestrian mall, etc.

Similar use: A "similar use" is a property, use or service possessing physical and/or activity characteristics that resemble certain other uses.

Social service facilities: Social service facilities include any private, nonprofit or government facility that perform activities strongly vested with public or social importance, including but not limited to administrative offices, clinics not offering inpatient care, counseling services, charitable and civic organizations, labor organizations, lodge halls, and fraternal organizations.

Solar collector: A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

Solar energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

Solar energy system: An energy system that consists of one or more solar collection devices, solar energy related "balance of system" equipment, and other associated infrastructure with the primary intention of generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy. Solar energy systems may generate energy in excess of the energy requirements of a property if it is to be sold back to a public utility in accordance with the law.

Solar energy system, building integrated. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of a building. Building integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights and awnings. Thin film solar photovoltaic cells shall be considered building integrated when the thin film does not appreciably increase the width of the material it is being applied to.

Solar energy system, building-mounted: A solar energy system that is mounted on either the principal or accessory structure, on the roof or on the façade, and may be of any size (small, medium- or large-scale).

Solar energy system, freestanding: A solar energy system in which the solar collector units are mounted independently of the principle structure or any other accessory structure. The most common types of freestanding solar systems are ground-mounted and pole-mounted systems. A solar energy system, freestanding may be of any size (small-, medium- or large-scale).

Solar energy system, large-scale: A solar energy system that occupies more than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 250kW DC or greater).

Solar energy system, medium-scale: A solar energy system that occupies more than 1,750 but less than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about ten to 250 kW DC).

Solar energy system, private parking lots: A system, less than 20 square feet, which uses solar energy panels in private parking lots, generally as an alternative energy source, to light poles, directional signs, information kiosks, and walkways. An approved construction permit will be required.

Solar energy system, public way use: A solar energy system, less than 20 square feet, which extends into, or is placed into, the public way, generally as an alternative energy source to power light poles and lights all-purpose paths, information kiosks, or signs. Such systems will be subject to additional review by Commonwealth Edison, the village public works department, and/or county or state department of transportation. An approved construction permit will be required.

Solar energy system, roof-mounted: See solar energy system, building mounted.

Solar energy system, small-scale: A Solar Energy System that occupies 1,750 square feet of surface area or less (equivalent to a rated nameplate capacity of about ten kW DC or less).

Solar panel. A device that collects and converts direct sunlight as a source of energy for such purposes as heating or cooling a structure, heating or pumping water, or generating electricity. "Solar panel" includes solar thermal and solar photo voltaic panels.

Specified anatomical areas:

(1)

Less than completely and opaquely covered:

a.

Human genitals or pubic region;

b.

Buttock; or

c.

Areola or nipple of the female breast.

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities:

(1)

Human genitals in a state of sexual stimulation, arousal or tumescence;

(2)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast(s);

(3)

Sex acts, actual or simulated, including, but not limited to, intercourse, oral copulation, or sodomy, and also including as examples, but not limited to, any of the following: acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, urolagnia or zooerasty;

(4)

Masturbation, actual or simulated; or

(5)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (4) above.

Straddle dance (also known as a lap dance): The use by an employee of a sexually oriented business of any part of his/her body to touch the genital or pubic area of a person, or to touch the breast(s) of a female person, whether clothed or unclothed, while at the business; or the touching of the genital or pubic area of an employee by a person while at the business; or the touching of the breast(s) of a female employee, whether clothed or unclothed, by a person while at the business. It shall be a straddle dance regardless of whether the touch or touching occurs while the employee is clothed, nude, semi-nude or displaying or exposing any specified anatomical area. It shall also be a straddle dance regardless of whether the touch or touching is direct or through a medium.

Structural alterations: Structural alterations include any change, other than incidental repairs, in the supporting members of a building such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

Structure, permanent: A permanent structure is anything constructed or erected within the required location on the ground or is attached to something having location on the ground, including a fence or freestanding wall.

Structure, temporary: See Building, temporary.

Street: A street is a portion of a public right-of-way that affords a primary means of access to abutting property, excepting driveways to buildings.

Tavern or lounge: A tavern or lounge is a building or portion thereof where alcoholic liquors are sold for consumption on the premises but not including restaurants where the principal business is serving food.

Tent: A tent is any temporary structure or enclosure, the roof of which and/or one-half or more of the sides, are constructed of silk, cotton, canvas, fabric, or a similar light material.

Theater: A theater is any building or structure designed for the enactment of dramatic performances and/or showing of motion pictures. For the purposes of this chapter, a dinner theater shall be deemed a "banquet facility," and amusement or entertainment theaters and drive-in theaters are deemed separate and distinct uses.

Title loan store: A business that provides loans to individuals in exchange for receiving titles to the borrower's motor vehicles as collateral.

Transporting organization or transporter: An organization or business that is licensed by the 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.

Use, permitted: A permitted use is any purpose or activity for which the land, buildings, and structures thereon are designed, arranged, intended, maintained, or occupied, and is permitted in the zoning district in which such use occurs and complies with all requirements of this chapter.

Use, principal: A principal use is the main use of land or buildings as distinguished from a subordinate or accessory use.

Use, special: A special use is a principal use, which because of its unique characteristics, is not classified as a permitted use in a particular district or districts, which may or may not be granted, subject to the terms of this chapter.

Variation: A variation is relief from specific requirements of this chapter with regard to the structure(s) on a lot, but not to the use of structures, where such variations will be in harmony with the general purpose and intent of this chapter and not contrary to the public interest, and where, due to conditions peculiar to the property and not the direct result of the actions of the owner, a literal enforcement of the chapter would result in practical difficulties or unnecessary hardship which may or may not be granted, subject to the terms of this chapter.

Vehicle, recreational: See Recreational vehicle.

Veterinary clinic: A veterinary clinic is a facility rendering surgical and medical treatment to small animals deemed to be ordinary household pets, and which may have overnight accommodations for purposes of recovery or for boarding, but not including crematory facilities.

Village-owned utilities and facilities: Village-owned utilities and facilities include radio, television, and microwave transmission or relay towers and antennas; fire, police, and public safety buildings; village hall; public works garage; recycling center; transit and public transportation facilities, including passenger terminals and shelters; water filtration plants, reservoirs, and storage towers; and sanitary and storm sewer treatment plants owned or operated by the village.

Warehouse: A warehouse is a structure or part thereof or area used principally to receive, store, and dispatch goods and merchandise.

Yard: A yard is an open space on the same zoning lot with a use, building, or structure that is unoccupied and unobstructed from its ground level to the sky, except as otherwise permitted herein. A yard extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located.

Yard, corner side: A corner side yard is a side yard that abuts any street to a width specified in the yard requirements for this chapter.

Yard, front: A front yard is a yard extending along the full length of the front lot line between the side lot lines to a width specified in the yard requirements for this chapter.

Yard line: A yard line is a line parallel to the lot line at a distance from it as regulated by this chapter, over which no part of any building may extend.

Yard, perimeter: A perimeter yard is that yard which must be provided on a zoning lot in a commercial district that abuts a zoning lot in a residential district, or must be provided on a zoning lot in an office/industrial district that abuts a zoning lot in either a residence or commercial district.

Yard, rear: A rear yard is a yard extending along the full length of the rear lot line between the side lot lines to a depth specified in the yard requirements for this chapter.

Yard, side: A side yard is a yard extending along a side lot line from the front yard to the rear yard.

Zoning administrator: The zoning administrator is the community development director unless otherwise designated by the village manager.

Zoning map, official: The official zoning map of the village, as adopted by the corporate authorities and amended from time to time.

(Code 1975, ch. 27, § 2.3; Ord. No. O-94-09, § 3, 3-17-1994; Ord. No. O-94-15, § 3, 4-21-1994; Ord. No. O-95-02, §§ 1, 2, 1-5-1995; Ord. No. O-97-30, § 1, 6-19-1997; Ord. No. O-99-14, arts. 2, 3, 3-4-1999; Ord. No. O-01-29, § 1, 7-5-2001; Ord. No. O-07-07, § 2, 4-19-2007; Ord. No. O-07-31, § 1, 11-1-2007; Ord. No. O-08-30, § 1, 5-1-2008; Ord. No. O-11-13, § 1, 6-2-2011; Ord. No. O-14-17, § 1, 5-15-2014; Ord. No. O-15-05, § 1, 3-5-2015; Ord. No. O-15-16, § 1, 7-16-2015; Ord. No. O-18-27, § 1, 7-19-2018; Ord. No. O-20-12, § 1, 3-5-2020; Ord. No. O-22-29, § 1, 9-1-2022; Ord. No. O-23-34, § 1, 10-19-2023; Ord. No. O-24-36, § 1, 11-7-2024)