12.1(1) Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

12.1(2) The word "shall" is mandatory and not discretionary.

12.1(3) The word "may" is permissive.

12.1(4) The word "lot" shall include the words "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."

12.1(5) Any words not defined as follows shall be construed in their generally accepted meaning as defined in the most recent publication of Webster's New World Dictionary, College Edition.

12.1(6) An appendix, attached to this Hillside Zoning Ordinance of 1980, containing figures 1 through 5, each dated November 8, 1983, is hereby made a part hereof.

An "accessory structure or use" is one which:

12.2(1) Is subordinate to and serves a principal building or principal use;

12.2(2) Is subordinate in area, extend [extent], or purpose to the principal building or principal use served;

12.2(3) Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and

12.2(4) Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as may be permitted elsewhere than on the same zoning lot with the building or use served.

12.2(5) An accessory building which is located on the same lot as the principal building, shall not occupy more than ten percent of the lot area.

An "accessory structure or use" includes, but is not limited to the following:

12.2(5)(a) A children's playhouse, a garden house, or private greenhouse.

12.2(5)(b) A garage, shed or building for storage incidental to a permitted use.

12.2(5)(c) Off-street motor vehicle parking areas, patios, porches or in the ground swimming pools, including cabanas.

12.2(5)(d) Carports.

A rate of combustion exhibited by material that burns with a high degree of activity and is consumed rapidly. Examples: sawdust, powdered magnesium, pyro-oxylin, etc.

"Adult uses" is defined as adult book stores, adult film/video stores, adult motion picture theaters, adult mini motion picture theaters, and adult entertainment cabarets, all of which, together with supplemental related phrases, are separately defined under the following subheadings:

12.21(1) An "adult book store" or an "adult film/video store" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines, films or videos for rental, sale or viewing on premises by use of motion picture devices or any other coin-operated means, other periodicals or written materials or merchandise, goods, or novelties designed for use or which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities," or "specified anatomical areas."

12.21(2) An "adult motion picture theater" is an enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.

12.21(3) An "adult mini motion picture theater" is an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting describing or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.

12.21(4) An "adult entertainment cabaret" is a public or private establishment which is licensed to serve food and/or alcoholic beverages, which features dancers, strippers, models or similar entertainers which are characterized by the exposure of "specified anatomical areas."

12.21(5) The phrase "specified sexual activities" in connection with adult uses means:

1.

Human genitals in a state of sexual stimulation or arousal;

2.

Acts or representation of acts of human masturbation, sexual intercourse or sodomy;

3.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

12.21(6) The phrase "specified anatomical areas" in connection with adult uses means:

1.

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttock; and

c.

Female breast below a point, immediately above the top of the areola; and

2.

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

Editor's note— Section 12.21 above, "Adult uses," was so numbered in Ord. No. 87-19. The ordinance contained two sections numbered 12.21.

The use of land for activities such as farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating and storing the produce, provided the accessory uses shall be secondary to normal agricultural activities.

A public right-of-way which affords a secondary means of access to abutting property.

Any change in size, shape, character, occupancy or use of a building or structure.

A building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

Outdoor portion of the receiving equipment, including the mast to which it may be attached, used for receiving television or radio waves from space, but excluding non-dished shaped, mast-supported equipment used exclusively for non-commercial television reception in residential districts.

One or more rooms in a dwelling occupied as separate living quarters by a family.

A business establishment containing facilities for washing motor vehicles for profit using production line methods.

A building or portion thereof or lot used for offering for sale at retail to the public, fuels, oils, and accessories for motor vehicles; where repair service is incidental, where no storage or parking space is offered for rent, and where no motor vehicles, trailers, or boats are offered for sale or rent. When such dispensing, sale, or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.

A roof-like mechanism, retractable or fixed, which projects from the wall of a building.

A story having part but not more than one-half of its height below grade. A basement is counted as a story for the purposes of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.

A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way or corporate boundary lines of the Village of Hillside or other natural barriers.

The space remaining on a lot after the minimum yard and open space requirements have been complied with.

The distance between two opposing boundaries of the buildable area and parallel to the building line.

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

The vertical distance from the mean curb level, or its equivalent, opposite the center of the front of the building to the highest point of the underside of the ceiling beams; a flat roof, to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip or gambrel roof. Where no curb level has been established, the height of the building may be measured from the mean elevation of the finished lot grade at the front of the building.

The line designating the required distance of the front line of any structure or building from the street line of the street in front of such building or structure.

A non-accessory building in which is conducted the principal use of the lot.

The term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another and includes the following:

12.21(1) Size and height of buildings;

12.21(2) Location of exterior walls at all levels in relation to lot lines, streets, or other buildings;

12.21(3) Gross floor area of buildings in relation to lot area also called floor area ratio;

12.21(4) All open space allocated to buildings; and

12.21(5) Lot area provided per dwelling unit.

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

The luminous intensity, as evaluated in effectiveness of stimulating visual sensation, of any radiation in a given direction. Candle power shall be measured by the International Candle which was adopted in 1940 as 1/60 of the brightness of freezing platinum.

A roofed automobile shelter, with two or more open sides.

An area having more than one-half of its floor to clear ceiling height below grade and which is not counted as a story.

A building or portion thereof, the principal use of which is for offices of physicians or dentists or both, for the examination and treatment of persons on an out-patient basis.

The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will propagate a flame. The tag closed cup tester shall be authoritative for liquids having a flashpoint below 175 degree F. The Pensky-Martens tester shall be authoritative for liquids having a flash point between 175 degrees F and 300 degrees F.

A non-profit association whose facilities are restricted to persons who are bona fide members and their guests. Food and alcoholic beverages may be served on its premises provided they are secondary and incidental to the principal use.

Any vehicle designed or operated primarily for the transportation of persons or property in the furtherance of any commercial, industrial or business enterprise and includes any truck, van, panel-type vehicle, taxi, bus, or other vehicle operated for compensation.

Collectively those documents and ordinances of the village relating to land use, zoning, major street planning and land development.

A building or structure which: (a) complies with all the regulations of this ordinance or of any amendment thereto governing bulk of the district in which said building or structure is located; and (b) is designed or intended for a permitted or conditional use as allowed in the district in which it is located.

Any and all motorized equipment, carriers or trailers used in the excavation or landscaping of real property and construction, repair, renovation or wrecking of buildings or any nature.

Open space adjacent to a contractor's principal building for the storage, not exceeding six consecutive months, of equipment, tools and supplies necessary to that contractor's business.

An open spaces on the same lot with a building surrounded by walls on two or more sides and unoccupied, and unobstructed from the lowest level upward, except as otherwise provided herein.

A building that houses a room used for the reduction of human remains to bone fragments through a technical process using heat and flame or alkaline hydrolysis. A crematory may also be used for the pulverization of bone fragments.

(Ord. No. 13-12, § 4, 6-24-2013)

A facility whose primary services are to house and operate networked computer systems for the maintenance, management, storage, processing and routing of digital data, including related office and warehouse activities and infrastructure support equipment including but not limited to: power and cooling equipment, electronic substations, transformers, environmental controls, fire protection systems, internet-related equipment and services and security apparatus. A data center may include multiple structures on one or more contiguous lots which are developed and operated as a unit.

(Ord. No. 24-01, § 3, 2-26-2024)

This numerical value is obtained by dividing the total number of dwelling units in a development by the gross area of the tract of land in acres within a development. This would include all non-residential land uses and private streets of the development as well as rights-of-way of dedicated streets, the result being the number of dwelling units per acre of land. Net density calculations exclude rights-of-way of publicly dedicated streets.

This numerical value is 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 supposed to be located, and including private streets, common open spaces, and associated recreational facilities within the area, the result being the number of dwelling units per net residential acre of land. Net density calculations exclude rights-of-way of publicly dedicated streets.

A violent and sudden explosion resulting from the instantaneous reaction of a mixture, compound or substance.

A ground transmitted vibration stemming from a source where specific pulses do not exceed 60 miles per minute (or one per second).

The amplitude or intensity of an earthborne vibration measured in inches. The displacement or amplitude is one-half the total earth movement.

A section or sections of the Village of Hillside for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and intensity of use are uniform.

One which provides or is designed to provide, either wholly or part, parking of patrons' automobiles from which the occupants may watch, purchase, transact business, etc.

Establishments engaged in the business of cleaning or pressing of wearing apparel or household linens, towels, or other washable fabrics by using water or soap or detergents on the premises.

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 or trailers or lodging houses, hotels, or motels.

A dwelling unit having its own ground floor entrance, joined to two or more dwellings by party walls, or other horizontally unifying structural element.

A dwelling which is surrounded on all sides by open space.

A dwelling containing three or more dwelling units.

A dwelling containing one dwelling unit.

A dwelling unit, joined to one or two other dwelling units by a party wall or vertical cavity wall, and above-ground physically unifying horizontal structural elements.

A dwelling containing two dwelling units only, one above the other, or beside each other.

A "dwelling unit" consists of one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms, complete single kitchen facilities permanently installed to serve the entire family, shall always be included for each "dwelling unit."

A cyclic movement of the earth due to the propagation of mechanical energy.

The right to use or benefit from the land of another, for a restricted purpose, without compensating the owner.

A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room.

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

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.

A structure, or lot used in whole or in part as a place of business, the ownership or management of which is separate and distinct from the ownership or management of any other place of business located on the same or other lot.

An individual maintaining a household; or two or more persons each related to the other by blood, adoption or marriage, who are living together and maintaining a common household; or in the alternative, a "family" is a group of not more than three persons, who need not be related by blood, marriage or adoption, living together in a single dwelling and maintaining a common household. In any event, the limitations imposed in this definition shall be exclusive of any servants and one exchange student residing in the dwelling unit.

A structure, including gates, which is a barrier and used as a boundary or means of protection or confinement. Also see "Hedges" and "Shrubs."

A fence which has over its entirety at least 50 percent of the surface area in open space as viewed at right angles from the fence, except that the required open space in louver-type fences may be viewed from any angle.

A fence which conceals adjoining properties, streets, or alleys from viewing activities on the lot.

The elevation of the highest flood level that has been or may be subsequently designated by the village engineer shall be based upon a storm water drainage map showing flood-crest elevations at appropriate locations as approved by the village board.

That continuous area adjacent to a stream or stream bed, or any storm water retention area and its tributaries, which has an elevation equal to or lower than the flood-crest elevation including also land having an elevation higher than flood-crest elevation but less than ten acres in area and surrounded by land in a flood plain area or an area of such elevation secured by land fill projecting into a flood plain area.

Any plain shall be deemed to be within the flood plain area if it falls below the elevation of a high-water mark, as the elevation of the mark is projected in horizontal directions perpendicular to the flow of the stream and thence to intersections at an equal elevation with the land on either side of the stream. Any point between the aforedescribed projections of any two high-water marks shall be deemed within the flood plain area if it is at an elevation equal to or lower than similar projections of the interpolated flood-crest elevation. The interpolated flood-crest elevation is the calculated elevation of the flood-crest at the center line of the stream between two known flood-crests of the nearest upstream and down-stream high-water marks; and the difference in elevation between the flood-crest at this location and at either of the high-water mark projections is directly proportional to the difference in stream center line distance between the two high-water mark projections.

The sum of the gross horizontal areas of the several floors including also the basement floor of a building measured from the exterior faces of the exterior walls, or from the centerlines of walls separating two buildings. The gross horizontal area shall include the horizontal areas on each floor devoted to: (a) elevator shafts and stairwells; (b) mechanical equipment, except if located on the roof, when either open or enclosed - i.e., bulkheads, water tanks, and cooling towers; (c) habitable attic space as permitted by the Building Code of Hillside, Illinois; (d) interior balconies and mezzanines; (e) enclosed porches; and (f) accessory uses. The gross horizontal area of structures used for bulk storage of materials such as grain elevators [or] petroleum tanks, shall also be included in the "floor area" and such gross horizontal floor area shall be determined on the basis of the height of such structures with one floor for each ten feet but not less than five feet over such floor height intervals, it shall be construed to have an additional floor. The horizontal area in a cellar floor shall not be included in the floor area.

The sum of the gross horizontal area of the several floors of the building, or portion thereof, devoted to a use, including accessory storage areas located within selling or working spaces 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. However, "floor area" for purposes of measurement for off-street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise provided in section 8.5(4)(n) of article VIII of the Hillside Zoning Code of 1980); floor area devoted to off-street parking or loading facilities, including aisle ramps, elevators, stairwells, and maneuvering space; or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

(Ord. No. 96-10, § 1(E), 4-29-1996)

The numerical value obtained by dividing the "floor area" within a building or buildings on a lot by the area of such lot. (The floor area ratio as designated for each district, when multiplied by the lot area in square feet, shall determine the maximum permissible floor area for the building or buildings on the lot.)

A unit of illumination, equivalent to the illumination at all points which are one foot distant from a uniform point source of one candle power.

A unit of brightness, usually of reflecting surface. A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot distant over one square foot has a brightness of one foot-lambert.

The rate of combustion of a material which burns actively, and easily supports combustion.

All property 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.

A private garage designed to have a common wall with the principal building and enclosed under its own roof.

A private garage partly or fully built within the principal building.

An attached or detached accessory building designed and used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory and in which no occupation or business for profit is carried on.

A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, or repairing motor vehicles. Hiring, selling or storing of motor vehicles may be included.

A building or portion thereof designed or used or land used exclusively for storage of motor vehicles, and in which motor fuels and oils are not sold, and motor vehicles are not equipped, repaired, hired or sold.

A sensation of brightness within the visual field which causes annoyance, discomfort, or loss in visual performance and visibility.

The established grade of the street or sidewalk. Where no such grade has been established, the grade shall be the elevation of the sidewalk at the property line. Where no sidewalk exists, the grade shall be the average elevation of the street adjacent to the property line, and except in cases of unusual topographic conditions as determined by the building commissioner, grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure.

The lot area covered by a principal building, measured at highest ground grade adjacent to building, from the exterior faces of the exterior walls, but excluding open porches or terraces, and garages or carports.

A person who occupies or has the right to occupy a lodging house, rooming house, boarding house, hotel, apartment hotel, or motel accommodations as his domicile and place of permanent residence.

A row of closely planted shrubs, bushes, etc., forming a boundary or fence. Also see: "Shrubs."

An area of land, water and/or a structure or building which is used or intended for use for the landing and taking off of helicopters, including all other necessary buildings and open space.

Any gainful business, occupation, or profession conducted within a dwelling unit by a member of the family residing in the dwelling unit, which is incidental and secondary to the use of the dwelling unit for dwelling purposes.

An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care of three or more non-related individuals suffering from: illness, disease, injury, deformity or other abnormal physical condition, but does not apply to institutions operating primarily for treatment of insane persons, drug addicts, alcoholics, or other cases necessitating restraint of patients. Hospital does not include convalescent, nursing shelter or boarding houses.

An establishment containing lodging rooms, for occupancy by transient guests in contradistinction to a lodging house, and which provides customary hotel services such as: maid, telephone and secretarial, bellboy and desk services; and the use and upkeep of furnishings and laundry of linens.

Discrete vibration pulsations occurring no more often than one per second.

A material which will not ignite or actively support combustion during an exposure for five minutes to a temperature of 1,200 degrees F.

An inorganic material is one made from substances composed of matter other than plant, animal or certain chemical compounds or carbon.

A source of light of extremely high intensity.

Any premises or portion thereof on which more than three dogs, cats, or other household domestic animals over one year of age are kept, or on which more than two such animals are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.

See number 12.65 [12.67].

A dump land fill is the uncontrolled depositing of refuse including organic or inorganic material on a site without adequate control of the operation.

A land fill gas management system collects the land fill gas generated within a sanitary land fill in the process of the decomposition of the material deposited therein and disposes of the land fill gas by flaring and/or by processing the land fill gas for beneficial uses by adjuncts to the land fill gas management system such as an electrical generating facility operated by the energy from components of the land fill gas, or a gas recovery facility which recovers for other uses the methane and/or other components of the land fill gas; a land fill gas management system and its adjuncts are required to be in compliance with Illinois Pollution Control Board regulations and to operate pursuant to Illinois Environmental Protection Agency permits.

A sanitary land fill is a site for waste disposal including organic or inorganic material using sanitary land filling techniques.

A solid waste land fill is the depositing of strictly inorganic non-putrescible materials and earth on a site that is below the normal elevation of adjacent lands for the purpose of bringing said site up to the average grade of adjacent parcels. This operation may be run as a business or may be non-commercial in nature. This type of land fill does not include normal "grading" of land prior to development.

Planting trees, shrubs, grass or any other ground covering plants to improve the appearance of a portion or the whole of a lot or parcel, or a public right-of-way. Where the maintenance of live vegetation is extremely difficult because of light conditions, or the salt from the plowed snow along the major thoroughfares may kill any plant materials, artificial land covering material such as marble chips and the like may be acceptable provided the type of landscaping is approved by the zoning administrator.

A business that provides coin operated self-service type washing, drying, and ironing facilities, providing that: (a) not more than four persons, including owners, are employed on the premises; (b) no pick-up or delivery service is maintained; and (c) no dry cleaning is done on the premises.

Establishments engaged in the business of washing, drying, starching or ironing wearing apparel or household linens, towels or other washable fabrics by means of the use of water or soap or detergents on premises.

A space within the principal building or on the same lot as the principal building, providing for the standing, loading, or unloading of one truck, and with access to a street or alley. See article IX.

A building originally designed for and used as a single or two-family dwelling, all or a portion of which contains lodging rooms which accommodate persons who are not members of the keeper's family. Lodging, or meals, or both are provided for compensation for three, but not more than ten persons.

A room or suite of rooms rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, each room which provides sleeping accommodations shall be counted as one "lodging room" for the purpose of this ordinance.

Land occupied or to be occupied by one building and accessory buildings and uses and including the open spaces required under these regulations. A "lot" may be land so recorded on the records of the recorder of deeds of Cook County, Illinois, or registered with the registrar of titles of Cook County, Illinois.

The area of a horizontal plane bounded by front, side, and rear lot lines.

A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.

The area of a lot occupied by the principal and accessory structures.

The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.

A lot that is not a corner lot.

The property line bounding a lot.

The boundary of a lot which is along an existing or dedicated public or private street, or public way. On a corner lot, the lot line having the shortest length abutting a street is the front lot line.

A lot line which does not abut a street.

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

Any boundary of a lot which is not a front lot line or a rear lot line.

A single lot which is part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds of Cook County, Illinois.

A corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

A lot having a pair of opposite lot lines along two more or less parallel streets, and which is not a corner lot.

The mean horizontal distance between the side lot lines of a lot measured within the lot boundaries.

An establishment, the principal use of which is manufacturing, or fabricating, which can include processing, assembling, repairing, storing, cleaning, servicing, or testing of materials, goods, or products, that are incidental to that business.

A roof-like structure of a permanent nature which projects from the wall of a building.

A structure divided into two or more units separated, one from the other, by common walls, access to each of which unit is by outside service or overhead doors, and each such unit is designed to be utilized by an owner or owners in privity for the storage of goods, wares and merchandise.

A trailer designed and constructed for dwelling purposes which contains cooking, sanitary and electrical facilities and has a gross floor area of 240 square feet or more.

A rate of combustion described by a material which supports combustion and is consumed slowly as it burns. Examples: wood timber and logs.

An establishment consisting of a group of attached or detached lodging rooms with bathrooms, and where more than 50 percent of the lodging rooms are occupied or designed for occupancy by transient automobile tourist. A "motel" furnishes customary hotel services such as maid service and laundering of linen, telephone, secretarial and desk service, and the use and upkeep of furniture. One dwelling unit may be included for occupancy by the owner or manager of the motel.

A building or area in which freight brought by motor truck is assembled or stored for routing in intrastate or interstate shipment by motor truck.

A passenger vehicle, truck, truck-trailer, trailer, or semitrailer propelled or drawn by mechanical power.

A sign indicating the name and address of a building, the name of an occupant thereof, and/or the practice of a permitted occupation therein.

A strip of land within and along a rear lot line of through lot adjoining a street which is designated on a recorded subdivision plat or property deed as land over which motor vehicular travel shall not be permitted.

Any building or structure lawfully established which:

12.124(1) Does not comply with all the regulations of this zoning ordinance or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or

12.124(2) Is designed or intended for a non-conforming use.

Any building or structure which when established did not conform to the then existing zoning ordinance.

Any building or structure and the use thereof or the use of land that doe snot conform with the regulations of this ordinance or any amendment thereto governing use in the district in which it located, but that conformed with all of the codes, ordinances, and other legal requirements applicable at the time such building or structure was erected, enlarged, or altered, and the use thereof or the use of land was established.

An establishment for the part-time care of five or more children of pre-elementary school age.

A home for aged, chronically ill, or incurable persons, in which three or more persons not members of the family residing on the premises are received, and provided with food, shelter, and care, but not including hospital, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness.

Material suspended in the atmosphere that produces an olfactory response in normal human beings.

The lowest concentration of odorous matter in the air that will produce an olfactory response in a human being. Odor thresholds shall be determined in accordance with ASTM Method D 1391-57, "Standard Method for Measurement of Odor in Atmospheres" (Dilution Method).

Land which is improved and used or a structure which is designed and used exclusively for the storage of passenger motor vehicles, either for accessory off-street parking spaces or commercial off-street parking spaces when permitted herein by district regulations. See article VIII.

Land used or occupied for the purpose of selling merchandise stored or displayed out-of-doors prior to sale.

An organic material is a material or substance composed of chemical compounds of carbon in combination with other chemical elements (often hydrogen) and generally manufactured in the life processes of plants and animals. Organic substances include paper, wood, food, plastic, as well as the waste products of these and similar materials.

A durable surfaced area, enclosed in the main building, in an accessory building, or unenclosed, which is reserved for the parking of one motor vehicle and which is accessible to and from a street or alley.

Leaving a vehicle in a certain place temporarily, but in no event longer than a continuous period of seven days.

A characteristic of vibration that depends on both displacement and frequency. If not directly measured it can be computed by multiplying the frequency by the amplitude times the factor 6.28. The particle velocity will be in inches per second, when the frequency is expressed in cycles per second and the amplitude in inches.

An interior wall of adjoining structures extending from its footing to the underside of the roof, and which separates and is in common use by such adjoining structures.

A criterion established to control smoke and particulate matter, noise, odorous matter, toxic matter, vibration, fire and explosion hazards, glare, and radiation hazards generated by or inherent in uses of land or buildings.

An instrument for measuring the intensity of light.

The Plan Commission of Hillside, Illinois.

A parcel or tract of land, initially under single ownership or control which contains two or more principal buildings and one or more principal uses, planned and constructed as a unified development, and where certain regulations of this ordinance for the district where it is located are modified, in order to improve the design and value of the property.

Any publicly-owned open area: including, but not limited to, the following: parks, playgrounds, forest preserves, waterways, and parkways.

A strip of land containing railroad tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, locomotive shops, or car yards.

A recreational vehicle is a transportation structure, capable of being towed by a passenger car, station wagon; or carried as a slide-in or mounted in the bed of a small pick-up truck not exceeding three-quarter ton capacity; or is self propelled such as chassis mounts, motor homes and mini-motor homes, provided such vehicles whether self propelled or not are of such size and weight as not to require any special highway movement permits, and are primarily designed and constructed to provide temporary movable living quarters for recreational camping or travel use (but not for profit or commercial purposes). Included as recreational vehicles are: trailers, trailer coaches, camping trailers, motor homes except fifth wheels, pick-up (slide-in) campers; chassis mounts; converted vans; chopped vans[;] mini motor homes; boat trailers, with or without boats mounted thereon; snowmobile trailers, with or without snowmobiles mounted thereon. Also included are vehicles not designed for living quarters or for human habitation, but used for recreational use, such as boats, snowmobiles, swamp and dune buggies.

12.144(1) Trailers and trailer coaches are defined as recreational vehicles constructed with integral wheels to make them mobile and intended to be towed by passenger cars, station wagons, and/or light pick-up or panel trucks and similar motor vehicles which do not require any special highway movement permits.

12.144(2) A camping trailer is a type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth, or some form of rigid material such as fiberglass or plastic or metal. The walls are collapsed while the trailer is being towed, and are raised or unfolded when the trailer becomes temporary living quarters and is not being moved.

12.144(3) Pick-up (slide-in) campers and truck cabs are recreational structures designed to be mounted temporarily or permanently in the beds of light trucks not exceeding three-quarters of a ton capacity. These campers can be readily demounted from the truck beds without assistance from any other vehicle, crane and the like.

12.144(4) When removed from their respective truck beds, pickup (slide-in) campers, truck cabs and trucks are each considered a separate recreational vehicle.

12.144(5) Chassis mounts, motor homes and mini motor homes are recreational vehicles constructed integrally with a truck or motor-van chassis and incapable of being separated therefrom. The truck or motor-van chassis may have single or double rear axles.

12.144(6) Converted and chopped vans are recreational structures which are created by altering or changing an existing auto van to make it not a recreational vehicle meeting the requirements of section 3.12.

12.144(7) A boat or snowmobile trailer is a vehicle on which a boat or snowmobile may be transported and which is towable by a passenger car, station wagon, pick-up truck or a self propelled recreational vehicle as described above.

12.144(8) When removed from their respective trailers, a boat or snowmobile and their trailers, for the purpose of this ordinance, are considered each a separate recreational vehicle.

All waste products whether of organic or inorganic material, resulting from human habitation or activity.

A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Those off-street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.

A structure erected for the display and sale of agricultural products whether produced on or off the premises.

That portion of a street which is used or intended to be used for the travel of motor vehicles.

An instrument which measures vibration characteristics simultaneously in three mutually perpendicular planes. The seismograph may measure displacement and frequency, particle velocity, or acceleration.

Developments that are designed to provide independent senior housing within a residential district near transportation, commercial or civic centers of the village. These facilities are not intended for assisted living, nursing homes, hospitals, healthcare centers or like uses. "Senior independent living facility" refers to a multi-unit housing development that is restricted to older adults, usually age 55 and older, and shall be defined as housing for the elderly, as provided for in federal housing guidelines.

12.151(a) Density and area requirements:

1.

Maximum density: Senior independent living facilities shall have a maximum density of 40 dwelling units per acre.

2.

Parcel size: Senior independent living facilities shall be limited to a total parcel size of not more than five acres.

3.

Maximum floor to area ratio (FAR): 1.1.

4.

Maximum lot coverage: The area of the lot covered by buildings shall not exceed 30 percent of the total lot area.

12.151(b) Setback requirements: The minimum setback for a senior independent living facility is 20 feet from the side property lines and 20 feet from street frontages. Variations may be approved by the zoning board of appeals.

12.151(c) Building height: The maximum height for all senior independent living facilities is 55 feet.

12.151(d) Landscaping: Landscaping shall be the same as found in the underlying residential zone. Variations may be approved by the zoning board of appeals.

12.151(e) Open space: Senior independent living facilities shall include a mix of usable open space for the benefit of the residents as approved by the zoning board of appeals.

12.151(f) Parking: One parking stall shall be required for each dwelling unit in a senior independent living facility. Variations may be approved by the zoning board of appeals.

12.151(g) Occupancy restrictions: The dwelling units are intended for and are to be occupied by, at least one person 55 years of age or older. However, a unit may be occupied by the surviving member(s) of a household, regardless of age, if the 55 years of age or older qualifying person has passed away, provided the surviving member(s) was a resident of the unit at the time of that qualifying person's death.

(Ord. No. 23-01, § 2, 1-23-2023)

The minimum horizontal distance between a street line and the nearest wall of a building, or side of a structure facing such street line, or edge of the area of operation of a principal use when no building or structure is involved.

(Ord. No. 23-01, § 3, 1-23-2023)

A bushy, woody plant with several permanent stems instead of a single trunk. Shrubs are generally used for decorative purposes or are planted close together to form a hedge.

(Ord. No. 23-01, § 3, 1-23-2023)

A portion of a public right-of-way, paved or otherwise surfaced, intended for pedestrian use only.

(Ord. No. 23-01, § 3, 1-23-2023)

See Hillside Sign Ordinance.

(Ord. No. 23-01, § 3, 1-23-2023)

Land or building, or both, subject to special provisions which because of unique characteristics cannot be classified as a permitted use.

(Ord. No. 23-01, § 3, 1-23-2023)

A vibration which is continuous, as from a fan, compressor, or motor.

(Ord. No. 23-01, § 3, 1-23-2023)

Putting aside a vehicle for future use when needed without limitations as to the time period during which the vehicle shall be out of use.

(Ord. No. 23-01, § 3, 1-23-2023)

Leaving a trailer at the same location for a period of time in excess of seven consecutive days within any six consecutive months.

(Ord. No. 23-01, § 3, 1-23-2023)

That portion of a building, other than a cellar, included between the surface on 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. The floor of a story may split levels provided that there is not more than four feet difference in elevation between the different levels of the floor. A basement shall be counted as a story. A mezzanine floor shall be counted as a story when it covers over one-third the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.

(Ord. No. 23-01, § 3, 1-23-2023)

A partial story under a gable, hip, mansard, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.

(Ord. No. 23-01, § 3, 1-23-2023)

All of the property fronting on one side of a street between two intersecting streets, or in the case of a dead-end street, all of the property along one side of the street between an intersecting street and the end of such dead-end street.

(Ord. No. 23-01, § 3, 1-23-2023)

The street right-of-way line abutting a property line of a lot.

(Ord. No. 23-01, § 3, 1-23-2023)

Any change 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.

(Ord. No. 23-01, § 3, 1-23-2023)

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

(Ord. No. 23-01, § 3, 1-23-2023)

A business establishment where liquors are sold to be consumed on the premises but not including restaurants where the principal business is the serving of food.

(Ord. No. 23-01, § 3, 1-23-2023)

Instruments which measure simultaneously earthborne vibrations in horizontal and vertical planes.

(Ord. No. 23-01, § 3, 1-23-2023)

A vehicle used to draw or pull along another vehicle by means of a drawbar or other legally approved connection.

(Ord. No. 23-01, § 3, 1-23-2023)

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

(Ord. No. 23-01, § 3, 1-23-2023)

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

Trailer, camping: See "Recreational vehicles."

Trailer, travel: See "Recreational vehicles."

(Ord. No. 23-01, § 3, 1-23-2023)

The ground area of a lot. Landscaping or recreational facilities may qualify as usable open space provided that it is an area unobstructed from the ground to the sky and which:

12.170(1) Is not devoted to public or private roadways or driveways, and open off-street parking or loading;

12.170(2) Is accessible and available only to occupants of the dwelling units on the premises, except balconies;

12.170(3) Is not covered by buildings, except not more than five percent of the required usable open space may be recreational facilities enclosed within a building for the use of occupants of the dwelling units on the premises;

12.170(4) Has not less than ten feet at its narrowest dimension between either a lot line and an area not qualifying as usable open space or between two areas not qualifying as usable open space;

12.170(5) Is developed, landscaped and maintained suitably for pedestrian, recreational and leisure use; and

12.170(6) Where the roof of a structure used for parking and which does not exceed two stories in height, is developed as an elevated landscaped mall or recreational space, subject to the plan commission's recommendation, and approval by the president and board of trustees, and roof of said structure may be included as open space.

(Ord. No. 23-01, § 3, 1-23-2023)

The purpose or activity for which the land, or building thereon, is designed, arranged, or intended or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this ordinance.

Use, accessory: See "Accessory use."

(Ord. No. 23-01, § 3, 1-23-2023)

The uses of any building, structure, or land, that conforms with all of the regulations of this ordinance or any amendment hereto and which conforms with all the codes, ordinances, and other legal requirements, as existing at the time of the enactment of this ordinance or any amendment thereto, for the structure or land that is being examined.

(Ord. No. 23-01, § 3, 1-23-2023)

Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and when applicable, performance standards of this ordinance for the district in which such use is located.

(Ord. No. 23-01, § 3, 1-23-2023)

The dominant use of land or buildings as distinguished from a subordinate or accessory use.

(Ord. No. 23-01, § 3, 1-23-2023)

A use that has unusual operational, physical, or other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that complements and is otherwise, or can be made, compatible with the intended over-all development within a district.

(Ord. No. 23-01, § 3, 1-23-2023)

A machine for dispensing merchandise or services designed to be operated by the customer.

(Ord. No. 23-01, § 3, 1-23-2023)

The periodic displacement, measured in inches, of earth at designated frequency - cycles per second.

(Ord. No. 23-01, § 3, 1-23-2023)

The Village of Hillside, Illinois.

(Ord. No. 23-01, § 3, 1-23-2023)

The Board of Trustees of Hillside, Illinois.

(Ord. No. 23-01, § 3, 1-23-2023)

The Village Clerk of Hillside, Illinois.

(Ord. No. 23-01, § 3, 1-23-2023)

A professional engineer, registered in the State of Illinois, who has been duly appointed as the village engineer of the Village of Hillside, or who has been hired by the village as its consulting engineer.

(Ord. No. 23-01, § 3, 1-23-2023)

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

(Ord. No. 23-01, § 3, 1-23-2023)

A yard extending along the full length of the front lot line between the side lot lines.

(Ord. No. 23-01, § 3, 1-23-2023)

A yard extending along the full length of the rear lot line between the side lot lines.

(Ord. No. 23-01, § 3, 1-23-2023)

A yard, the perimeter lines of which intersect at approximate right angles.

(Ord. No. 23-01, § 3, 1-23-2023)

A yard extending along a side lot line from the front yard to the rear yard.

(Ord. No. 23-01, § 3, 1-23-2023)

A yard which is bounded by the front lot line, side yard adjoining a street line, and a rear lot line.

(Ord. No. 23-01, § 3, 1-23-2023)

A side yard which adjoins another lot or an alley separating such side yard from another lot.

(Ord. No. 23-01, § 3, 1-23-2023)

The Zoning Board of Appeals of Hillside, Illinois.

(Ord. No. 23-01, § 3, 1-23-2023)

The districts into which the Village of Hillside, Illinois, has been divided for zoning regulations and requirements as set forth on the zoning district map.

(Ord. No. 23-01, § 3, 1-23-2023)

The zoning district map of the Village of Hillside, Illinois.

(Ord. No. 23-01, § 3, 1-23-2023)

The official of the village duly appointed and designated to administer and enforce the zoning ordinance, or his duly authorized representative.

(Ord. No. 23-01, § 3, 1-23-2023)