In the construction of this title, the rules and definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise. (Ord. 2003-O-15, 3-18-2003)

   A.   Words used in the present tense shall include the future; and words used in the singular number shall include plural number, and the plural the singular.

   B.   The word "shall" is mandatory and not discretionary.

   C.   The word "may" is permissive.

   D.   The word "lot" shall include the words "tract", "plot", "piece", and "parcel"; the word, "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for".

   E.   Any words not defined in section 11-2-3 of this chapter shall be construed in their general accepted meanings as defined by Webster's Dictionary.

   F.   The section headings used in this title are included solely for convenience and shall not affect nor be used in connection with the interpretation of this title. (Ord. 2003-O-15, 3-18-2003)

ARC OR APPEARANCE REVIEW COMMITTEE: The appearance review committee of the city of Highwood (formerly known as the CDC or community development committee) formed pursuant to the terms of the city of Highwood appearance code 1 .

ACCESSORY BUILDING, STRUCTURE OR USE: One which:

   A.   Is detached (accessory building or structure) and subordinate to and which is incidental to the dominant use of the principal building or principal use.

   B.   Is subordinate in area, extent, or dominant purpose of the principal building or principal use served.

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

   D.   Is located on the same zoning lot as the principal use served with the single exception of such accessory off street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

ACCESSORY USE: Includes, but is not limited to, the following:

   A.   A children's playhouse, garden house, and private greenhouse.

   B.   A garage, carport, shed or building for domestic storage.

   C.   Incinerators incidental to the principal use.

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

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

   F.   Off street motor vehicle parking areas and loading and unloading facilities as permitted and regulated in each district incorporated in this title.

   G.   Signs (other than advertising signs) as permitted and regulated in each district incorporated in this title.

ACCESSORY USE, FINANCIAL: Any use of a portion of a building or structure where the principal purpose is conducting financial transactions. This includes, but is not limited to, check cashing services, money transfer or wiring services, and electronic fund transfer services. An "accessory financial use" shall not be deemed to include any automated teller machine or any use noted as "P" or "permitted" pursuant to the "permitted and special use matrix" (subsection 11-6-2C of this title) and/or financial transactions which are necessary to complete transactions for other permitted uses.

ACREAGE: Any tract or parcel of land which has not been subdivided and platted.

ALLEY: A public way, not more than thirty feet (30') wide, which affords only a secondary means of vehicular access to abutting property. A street shall not be considered an "alley".

APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each "apartment".

APARTMENT HOUSE: See definition of Dwelling.

AUTOMOBILE REPAIR, MAJOR: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; auto collision service, including body, frame or fender straightening or repair; and painting of vehicles.

AUTOMOBILE REPAIR, MINOR: Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under the definition of "automobile repair, major" of this section.

AUTOMOBILE SERVICE STATION: A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, is offered for sale directly to the public on the premises, and including minor accessories and services for automobiles, but not including major automobile repairs; and including washing of automobiles where no chain conveyor, blower or steam cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a "public garage".

AUTOMOBILE WRECKING YARD: Any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open, and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles, or merchandise.

AWNING: A rooflike mechanism which projects from the wall of a building or overhangs a public way for the purpose of affording weather protection to doorways and windows.

BASEMENT: A story partly or wholly underground.

BEDROOMS: Rooms in a dwelling unit (other than kitchens, dining rooms, living rooms, bathrooms or closets), including, but not limited to, extra kitchens, dining rooms, living rooms and all dens, game rooms, sun rooms or similar extra rooms. "Bedrooms" shall include any room or space used, intended to be used, or capable of being used for sleeping purposes.

BILLBOARD: Any structure or portion thereof upon which there are signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to announce church services or to display official court or public office notices, or signs advertising the sale or lease of the premises on which the sign is located.

BOARDING HOUSE: A building other than a hotel or restaurant where meals are provided for compensation for four (4) or more persons, but not more than twelve (12), who are not members of the keeper's family.

BLOCK: A tract of land bounded by streets, or by a combination of streets, and public parks, railroad rights of way or bulkhead lines. A "block" may be located, in part, beyond the boundary lines of the corporate limits of the city of Highwood.

BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows, or openings; and which is designed or intended for the shelter, enclosure, or protection of persons, animals, or chattels. References to "building" includes all other structures of every kind regardless of similarity to buildings. "Buildings" shall include miscellaneous structures such as telecommunications enclosures, vaults, switching stations and transmitting facilities.

BUILDING AREA: The space remaining on a zoning lot after the minimum open space requirements of this title have been complied with.

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

BUILDING HEIGHT: The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof, to the deck line of a mansard roof, and to the mean height level between eaves and ridge of a gable, hip, or gambrel roof; provided, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

BUILDING LINE: The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the street right of way line.

BUILDING, NONCONFORMING: Any building which does not conform to the regulations of this title prescribing the maximum required yards, coverage, height and setbacks; minimum required spacing between buildings on a single lot; and minimum required usable open space for the district in which such building is located.

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

BUILDING SETBACK LINE: A line parallel to the street line at a distance regulated by the front yard requirements set by this title.

BULK: The term used to describe the size and mutual relationship of buildings and other structures, as to size, height, coverage, shape, location of exterior walls in relation to lot lines, to the centerline of streets, to other walls of the same building, and to other buildings or structures, and to all open spaces relating to the building or structure.

BUS LOT: Any lot or land area used for the storage or layover of passenger buses or motor coaches.

BUSINESS: An occupation, employment or enterprise which occupies time, attention, labor, and materials; or wherein merchandise is exhibited or sold; or where services are offered.

CARTAGE, LOCAL: Pick up and delivery of parcels, packages and freight by motor truck within and not exceeding fifteen (15) miles of the city.

CELLAR: See definition of Basement.

CITY: The city of Highwood, Illinois.

CITY CLERK: The city clerk of the city of Highwood, Illinois.

CITY COLLECTOR: The city collector of the city of Highwood, Illinois.

CITY COUNCIL: The city council of the city of Highwood, Illinois.

CLINIC OR MEDICAL CENTER: See subsection 11-6-2B of this title.

CLOSED CUP FLASH POINT: The lowest temperature at which a combustible liquid, under prescribed conditions, will give off a flammable vapor which will burn momentarily.

CLUB OR LODGE, PRIVATE: A "private club or lodge" is a nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires, or leases a building, or portion thereof, the use of such premises being restricted to members and their guests.

COLUMBARIUM: A vault with niches for cinerary urns.

COMPREHENSIVE PLAN: The official comprehensive plan of the city of Highwood 2 , adopted May 13, 1996, as amended from time to time.

CORNER LOT: See definition of Lot, Corner.

CORNER LOT, REVERSED: See definition of Lot, Reversed Corner.

COVERAGE, LOT: See definition of Lot Coverage.

CRAFT GROWER: A "craft grower," as defined in the Illinois Cannabis Regulation and Tax Act (410 Illinois Compiled Statutes 705/1 et seq.), as amended, and is operated in strict compliance with State law, and the regulations promulgated thereunder, applicable thereto.

CULTIVATION CENTER: A "cultivation center," as defined in the Illinois Cannabis Regulation and Tax Act (410 Illinois Compiled Statutes 705/1 et seq.), as amended, and is operated in strict compliance with State law, and the regulations promulgated thereunder, applicable thereto.

CURB LEVEL: The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the "curb level".

DUPLEX OR DUPLEX DWELLING: A single building containing a two- family dwelling or two (2) dwelling units.

DWELLING: A building or portion thereof designed or used exclusively for human habitation, including single-family, two- family, and multiple-family dwellings, but not including hotels, motels, or rooming houses.

DWELLING, GROUP: Two (2) or more one-family, two-family or multiple-family dwellings, located on one zoning lot, but not including tourists courts, motels or hotels.

DWELLING, MULTIPLE-FAMILY: A building or portion thereof containing three (3) or more dwelling units, but not including a motel, hotel or rooming house.

DWELLING, MULTIPLE-FAMILY - LOW DENSITY: A building, not in excess of two (2) stories, or portion thereof, containing three (3) or more dwelling units, but not including a motel, hotel or rooming house.

DWELLING, ONE-FAMILY: A building designed exclusively for use and occupancy by one family and entirely separated from any other dwelling by space.

DWELLING, ROW (Party Wall): A row of two (2) to eight (8) attached, one-family, party wall dwellings, not more than two and one-half (21/2) stories in height, nor more than two (2) rooms in depth measured from the building line.

DWELLING, TWO-FAMILY: A single building designed or altered to provide dwelling units for occupancy by two (2) families.

DWELLING UNIT: One or more rooms in a residential structure or apartment-hotel designed for occupancy by one family. Individual bathrooms and complete individual kitchen facilities permanently installed to serve such family shall be included within each "dwelling unit".

EDUCATIONAL INSTITUTIONS: Public, parochial, charitable or nonprofit organizations, junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

EFFICIENCY UNIT: A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room; provided, that such dining alcove does not exceed one hundred twenty five (125) square feet in area.

ELECTRIC DISTRIBUTION CENTER: A terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.

ELECTRIC SUBSTATION: A terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system, and generally, to the local distribution system.

ELEEMOSYNARY INSTITUTION: A building or group of buildings provided and supported by charitable donations and devoted to charitable uses.

ESTABLISHMENT, BUSINESS: A place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot. Direct access to each "business establishment" shall be separate and distinct from direct access to any other "business establishment", and in no case shall there be access to one such establishment from within another such establishment.

FAMILY: An individual, or two (2) or more persons related by blood or marriage or adoption, living together in a dwelling unit, or a group of not more than four (4) persons who need not be related by blood or marriage or adoption, living as a single housekeeping unit in a dwelling unit, and sharing common facilities as considered reasonably appropriate for a family related by blood, marriage or adoption.

FLOOR AREA (For Determining Floor Area Ratio): The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The "floor area" of a building shall include basement floor area when more than one-half (1/2) of the basement height is above the established curb level, or above the finished lot grade level where the curb level has not been established; elevator shafts and stairwells to each floor; floor space used for mechanical equipment, except equipment, open or enclosed, located on the roof; penthouses; attic space having headroom of seven feet ten inches (7'10") or more; interior balconies and mezzanines; enclosed porches; and floor area devoted to accessory uses. (Floor area devoted to off street parking or loading shall not be included in "floor area" of the building. The floor area of structures devoted to bulk storage of materials, including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of the height of such structures in feet; 10 feet in height shall equal 1 floor. If a structure measured more than 5 feet over such floor equivalent, it shall be construed to have an additional floor.)

FLOOR AREA (For Determining Off Street Parking And Off Street Loading Requirements): The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to such use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. "Floor area" shall not include:

   A.   Floor area devoted primarily to storage purposes except as otherwise noted herein.

   B.   Floor area devoted to off street parking or loading facilities, including aisles, ramps, and maneuvering space.

   C.   Basement floor area, other than area devoted to retailing activities and the production or processing of goods, or to business or professional offices.

FLOOR AREA RATIO: The floor area within a building or buildings on a zoning lot divided by the area of such zoning lot or, in the case of planned developments, by the net site area. ("Floor area ratio" requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for the building or buildings, including the total floor area of both principal and accessory buildings, in direct ratio to the gross area to the zoning lot.)

FORT SHERIDAN: The property that has heretofore been designated as a federal military reservation which is legally described in the Fort Sheridan retrocession law of 1992, 5 Illinois Compiled Statutes 541/20-5.

FREE BURNING: Implies the rate of combustion described by a material which burns actively, and easily supports combustion.

FREQUENCY: Signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

FRONTAGE (Of A Block): All the property fronting on one side of a street measured along the line of the street. If the street is dead ended, the "frontage" is measured by the dead end of the street.

FRONTAGE, LOT: All the property of such lot fronting on a street and measured between side lot lines.

GARAGE, BUS: Any building used or intended to be used for the storage of three (3) or more passenger motor buses, or motor coaches used in public transportation, including school buses.

GARAGE, PRIVATE: A detached accessory building, or portion of the principal building, designed, arranged, used or intended to be used for the storage of passenger automobiles, or one truck not more than one and one-half (11/2) tons' capacity, of the occupants of the premises.

GARAGE, PUBLIC: A building, other than a private garage, used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire, or sales within the structure, but not including trucks, tractors, truck-trailers, and commercial vehicles exceeding one and one-half (11/2) tons' capacity.

GARAGE, STORAGE: A building or premises used for the housing only of motor vehicles pursuant to previous arrangements and not by transients; and where no equipment or parts are sold; and vehicles are not rebuilt, serviced, repaired, hired, or sold; except, that fuel, grease, or oil may be dispensed within the building to vehicles stored therein.

GARAGE, TRUCK: A building which is used or intended to be used for the storage of motor trucks, truck-trailers, tractors and commercial vehicles exceeding one and one-half (11/2) tons' capacity.

GRADE: An average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

GROUND FLOOR AREA: The lot area covered by a building, measured from the exterior faces of the exterior walls, but excluding open porches or terraces, garages or carports.

GUESTHOUSE: Living quarters within a detached accessory building located on the same premises with the principal building for occasional use of temporary guests of the occupants of the principal building. Such quarters shall not be rented or otherwise used as a separate dwelling.

HIGHWOOD/HIGHLAND PARK INTERGOVERNMENTAL PLANNING AGREEMENT OF 1996 OR 2H AGREEMENT: The intergovernmental agreement dated September 27, 1996, and adopted by the city of Highwood pursuant to ordinance 96-O-24 and by the city of Highland Park pursuant to ordinance 51-96, as same may be amended from time.

HOME OCCUPATION: An occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use which is clearly incidental to the use of the dwelling unit for residential purposes. Such a "home occupation" shall be carried on wholly within the principal building or within a building accessory thereto, and not more than one person outside the family shall be employed. There shall be no exterior display, no exterior sign except as allowed in the sign regulations for the district in which such "home occupation" is located, no exterior storage of materials, no other exterior indication of the "home occupation" or variation from the residential character of the principal building, and no offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

HOSPITAL OR SANITARIUM: An institution open to the public in which patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients.

HOTEL: A building which is arranged and designed for rooms or suites reserved with bathroom and closet space, located on a single zoning lot to provide living and sleeping accommodations for transient or temporary guests, making use of the facilities for a period of less than thirty (30) days and with no provisions in the said rooms or suites for cooking facilities.

HOUSEHOLDER: The occupant of a dwelling unit who is either the owner or lessee thereof.

IBC: The international building code (as adopted by the city of Highwood).

IMPERVIOUS SURFACE: The area of a lot improved in any manner, including, but not limited to, all buildings, structures, accessory buildings, paved areas (i.e., brick, asphalt, concrete, stone, gravel, or other hard surface), sidewalks, patios, decks, or nonorganic ground covering materials.

INCOMPATIBLE USE: A use or service which is incapable of direct association with certain other uses because it is contradictory, incongruent, or discordant. The zoning board of appeals will study the use or service and decide on all cases of compatibility or incompatibility.

INTEGRATED CENTER: A grouping of compatible uses on a single zoning lot (under single ownership or unified control).

JPC OR FORT SHERIDAN JOINT PLAN COMMISSION: A commission authorized pursuant to section 11-12-13 of the Illinois municipal code 3 , and the "Highwood/Highland Park intergovernmental planning agreement of 1996", with the jurisdiction and powers set forth in said agreement.

JUNKYARD: Open areas of land and any accessory building or structure thereon where waste, scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

KENNEL, COMMERCIAL: Any lot, premises or portion thereof on which more than four (4) dogs, cats, and other household domestic animals over four (4) months of age are kept, or on which more than two (2) such animals are maintained, bred, cared for or boarded for compensation or kept for sale.

LABORATORY, COMMERCIAL: A place devoted to experimental study or testing and analyzing. Manufacturing, assembly, or packaging of products is not included with this definition.

LIGHT LEVEL METER: An instrument standardized for measurement of the intensity of light in foot-candles.

LIMITED ACCESS HIGHWAY: A trafficway, including freeways and expressways, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points and in such a manner as may be determined by the authority having jurisdiction over such trafficway.

LINE OF A BUILDING (For Measuring Yards): A line parallel to the nearest lot line drawn through the point of a building or group of buildings nearest to such lot line, exclusive of such features specified as being permitted to extend into a yard.

LOADING AND UNLOADING SPACE, OFF STREET: An open, hard surfaced area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors, and trailers to avoid undue interference with the public use of streets and alleys. Such space shall be not less than ten feet (10') in width and twenty five feet (25') in length, exclusive of access aisles and maneuvering spaces.

LODGING OR ROOMING HOUSE: A building with not more than five (5) guestrooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or to overnight guests.

LODGING ROOM: A room rented as sleeping and living quarters, but without cooking facilities, and with or without an individual bathroom. A suite of rooms without cooking facilities shall be counted as one "lodging room" for the purpose of this title.

LOT: A parcel of land occupied or intended for occupancy by a use permitted in this title, including one principal building, together with its accessory buildings, the open spaces and parking spaces required by this title, and having its principal frontage upon a street or upon an officially approved place.

LOT, CORNER: A parcel of land situated at the intersection of two (2) or more streets or adjoining a curved street at the end of the block.

LOT COVERAGE: The area of a lot occupied by "buildings", "structures", "accessory buildings", and/or "impervious surface", as defined in this section.

LOT DEPTH: The mean horizontal distance between the front and rear lot lines measured within the lot boundaries.

LOT FRONTAGE: The "front of a lot" shall be that boundary of a lot along a public street; for a corner lot, the owner may elect either street line as the front lot line.

LOT, INTERIOR: A lot other than a corner or reversed corner lot.

LOT LINE, FRONT: The front property line of a zoning lot.

LOT LINE, INTERIOR: A side lot line common with another lot.

LOT LINE, REAR: The "rear lot line" is the lot line or lot lines most nearly parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines.

LOT OF RECORD: A lot which is a part of the subdivision, the plat of which has been recorded in the office of the recorder of deeds; or a parcel of land, the deed to which was recorded in the office of the said recorder prior to the effective date hereof.

LOT, REVERSED CORNER: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

LOT, THROUGH: A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot.

LOT WIDTH: The minimum horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.

LOT, ZONING: See definition of Zoning Lot.

MANUFACTURE: The making, fabricating, processing, assembling or repairing of anything by any agency or process, or storing, cleaning, servicing or testing of materials, goods or products.

MARQUEE OR CANOPY: A rooflike structure of a permanent nature which projects from the wall of a building and overhangs the public way.

MAYOR: The mayor of the city of Highwood, Illinois.

MOBILE HOME: Any vehicle or portable structure constructed so as to permit occupancy thereof for lodging or dwelling purposes or for use as an accessory building or structure in the conduct of a business, trade, or occupation, and which is designed and constructed so that it is, or may be, mounted on wheels and used as a conveyance on streets and highways, and which is propelled or drawn by its own or other motive power.

MOBILE HOME PARK: A parcel or tract of land developed with facilities for locating three (3) or more mobile homes, provided each mobile home contains a kitchen, flush toilet, and shower or bath, and that such "mobile home park" shall be for use only by nontransient dwellers remaining continuously for more than one month, whether or not a charge is made. (The term shall not include a sales lot in which automobiles or unoccupied trailers are parked for purpose of inspection or sale.)

MODERATE BURNING: Implies a rate of combustion described by material which supports combustion and is consumed slowly as it burns.

MOTEL: An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use temporarily by transient automobile tourists, making use of the facilities for a period of less than thirty (30) days, with garage attached or parking space conveniently located to each unit, including auto courts, motels, motor lodges or other similar type uses, and which furnishes customary hotel services.

MOTOR FREIGHT TERMINAL: A building in which freight, brought to said building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.

MOTOR TRUCK REPAIR SHOP: A premises where motor trucks, tractors, truck-trailers, and industrial and commercial vehicles in excess of one-half (1/2) ton capacity, or their bodies, are overhauled, rebuilt or repaired.

NONCONFORMING USE: Any building, structure or land lawfully occupied by a use or lawfully established at the effective date hereof, or amendments hereto, which does not conform after said effective date, or amendments hereto, with all the use regulations of this title.

NOXIOUS MATTER: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, physical, social, or economic well being of individuals.

NURSERY, DAY: An institution providing care for three (3) or more children under the age of four (4) years for periods of more than four (4) hours but not exceeding twenty four (24) hours.

NURSERY SCHOOL: An institution providing daycare for children from four (4) to six (6) years of age.

NURSING HOME OR REST HOME: A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.

OCTAVE BAND: A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

OCTAVE BAND FILTER: An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.

ODOR, THRESHOLD VALUE: The minimum concentration of odorous material in the air which can be detected as determined by the Manufacturing Chemists Association or other qualified laboratory.

ODOROUS MATTER: Any material or matter that yields an odor which is offensive as related to odor threshold value.

OPEN SALES LOT: Land used or occupied for the purpose of buying, selling or renting merchandise stored or displayed out of doors prior to sale. (Such merchandise includes, but is not limited to, passenger cars, trucks, motor scooters, motorcycles, boats and monuments.)

PARCEL DELIVERY STATION: A building in which commodities, sold at retail within the area and packaged by the retailer, are assembled and routed for delivery to retail customers located within the area.

PARKING AREA, PRIVATE: An open, hard surfaced area of land, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only of occupants of the building or buildings for which the parking area is developed and is accessory.

PARKING AREA, PUBLIC: An open, hard surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one- half (11/2) tons' capacity, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.

PARKING SPACE, AUTOMOBILE: Space within a parking area of not less than the size permitted under title, and where not specified, no less than one hundred sixty two (162) square feet (9 feet by 18 feet), exclusive of access drives or aisles, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half (11/2) tons' capacity, with ingress and egress to and from a street or alley.

PARTICULATE MATTER: Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.

PERFORMANCE STANDARD: A criteria established to control noise, smoke and particulate matter, odor, toxic or noxious matter, vibration, fire and explosive hazards, glare, heat or radiation generated by or inherent in uses of land or buildings.

PLAN COMMISSION: The Highwood plan commission 4 .

PLANNED DEVELOPMENT: A tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, developed under unified ownership or control, and where certain requirements of a given district may be modified in accordance with specific standards and procedures.

PORCH: A roofed over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part.

PRINCIPAL BUILDING: A building which includes overhang. See definition of Building, Principal.

PROPERTY LINES: The lines bounding a "lot" as defined in this section.

PUBLIC UTILITY: Any person, firm, corporation or municipal department, duly authorized to furnish, under public regulation, to the public, electricity, gas, steam, telephone, telegraph, transportation or water.

PUBLIC WAY: Any sidewalk, street, alley, highway, or other public thoroughfare.

PYROPHORIC DUST: A dust in a finely divided state that is spontaneously combustible in air.

RADIATION HAZARDS: The deleterious and harmful effects of all ionizing radiation, which shall include all radiation capable of producing ions in their passage through matter.

RAILROAD RIGHT OF WAY: A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car or locomotive shops, or water towers, or car yards.

RECREATIONAL CANNABIS DISPENSING FACILITY: A "dispensing organization," as defined in the Illinois Cannabis Regulation and Tax Act (410 Illinois Compiled Statutes 705/1 et seq.), as amended, and is operated in strict compliance with State law, and the regulations promulgated thereunder, applicable thereto.

RESTAURANT: A building where the principal use is to prepare, serve and sell food and/or beverages.

RINGELMANN CHART: The chart described in the U.S. bureau of mines information circular no. 6888, as amended.

RINGELMANN NUMBER: The number of the area on the Ringelmann chart that coincides most nearly with the visual density of emission.

SETBACK LINE, BUILDING: See definition of Building Setback Line.

SIGN: A. A name, identification, description, display, device, or illustration which is affixed to, or painted, or represented directly or indirectly upon a building, structure, or piece of land, and which directs attention to an object, product, place, person, activity, institution, organization, or business.

   B.   However, a "sign" shall not include any display of official court or public office notices nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group. A "sign" shall not include a sign located completely within an enclosed building unless the context shall so indicate.

SIGN, ADVERTISING: An "advertising sign" is a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed.

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

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

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

SLOW BURNING (OR INCOMBUSTIBLE): Implies materials which do not in themselves constitute an active fuel for the spread of combustion. (A material which will not ignite or actively support combustion during an exposure of 5 minutes to a temperature of 1,200 degrees Fahrenheit shall be designated as "incombustible").

SMOKE UNITS: Represent the number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; and the various products are added together to give the total number of "smoke units" observed during the total period under observation.

SOUND LEVEL: The intensity of sound measured in decibels.

SOUND LEVEL METER: An instrument standardized by the American Standards Association for measurement of the intensity of sound.

SPECIAL USE: Any use of land or building, or both, described and permitted herein.

STABLE, LIVERY: Any building, other than a private stable, designed, arranged, used or intended to be used for the storage of horses or horse drawn vehicles, or both.

STORY: That portion of a building, other than a basement or cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a "story" exceeding fourteen feet (14') in height shall be considered as an additional "story" for each fourteen feet (14') or fraction thereof.

STORY, HALF: A "half story" is that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four and one- half feet (41/2') above the finished floor of such story. In the case of one-family dwellings, two-family dwellings, and multiple- family dwellings less than three (3) stories in height, a "half story" in a sloping roof shall not be counted as a story for the purpose of this title. In the case of multiple-family dwellings three (3) or more stories in height, a "half story" shall be counted as a story.

STREET: A public way other than an alley.

STREET LINE: A line separating an abutting lot, piece or parcel from a street.

STRUCTURAL ALTERATIONS: Any change to the supporting members of a building or structure, such as bearing walls, columns, beams or girders, or any substantial change in the roof or exterior walls, not including openings in bearing walls as permitted by other ordinances.

STRUCTURE: Anything constructed or erected above grade, the use of which requires permanent or temporary location on the ground, or anything attached to something having a permanent location on or in the ground. References to "structure" shall in all cases be deemed to refer to both structures and buildings. Patios, driveways, and walks at grade shall not be deemed to be "structures" under this title. "Structures" shall include miscellaneous structures such as telecommunication enclosures, walls, switching stations and transmitting facilities.

TAVERN: A building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food.

TERRACE, OPEN: A level and rather narrow plane or platform which, for the purpose of this title, is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet (4') in height above the average level of adjoining ground.

THIS TITLE: Reference to "this title" herein shall be construed as the Highwood zoning ordinance.

TOURIST HOME: A dwelling in which accommodations are provided or offered for transient guests, making use of the facilities for a period of less than thirty (30) days.

TRAILER: See definition of Mobile Home.

TRUCK PARKING AREA OR YARD: Any land used or intended to be used for the storage or parking of trucks, tractors, and truck- trailers, and including commercial vehicles, while not loading or unloading, and which exceed one and one-half (11/2) tons in capacity.

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

USE, PROPERTY: The purpose or activity for which the land or buildings thereon is designed, arranged, or intended, or for which it is occupied or maintained. (It includes any manner of performance standards of this title.)

USED CAR LOT: A lot on which used cars, trailers or trucks are displayed for sale or trade.

YARD: An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

YARD, CORNER SIDE: A side yard which adjoins a street.

YARD, FRONT: A yard extending across the full width of the zoning lot and lying between the front line of the lot and the nearest line of a building.

YARD, INTERIOR SIDE: A side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.

YARD, REAR: A yard extending across the full width of the zoning lot and lying between the rear line of the lot and the nearest line of the principal building.

YARD, SIDE: That part of the yard lying between the nearest line of the principal building including overhang and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.

YARD, TRANSITIONAL: That yard which must be provided on a zoning lot in a business district which adjoins a zoning lot in a residence district.

ZONING BOARD: The zoning board of appeals of the city of Highwood, Illinois 5 .

ZONING DISTRICT: An area or areas within the limits of the city for which the regulations and requirements governing use, lot, and bulk of buildings and premises are uniform.

ZONING LOT: A single tract of land located within a single block 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. Therefore, a "zoning lot" may or may not coincide with a lot of record, but shall require a consolidation as provided herein.

ZONING MAPS: The map or maps incorporated into this title as a part hereof. (Ord. 2003-O-15, 3-18-2003; amd. 2009 Code; Ord. 19-O-18, 10-1-2019)