For the purpose of this Code, certain terms and words are hereby defined; words used in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural the singular; the word "building" shall include the word "structure"; and the word "lot" shall include the word "plot"; and the word "shall" is mandatory and not directory.

Accessory Building or Use: An accessory building or use is one which:

a.

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

b.

is subordinate in area, extent, or purpose to the principal building or principal use served; and

c.

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

d.

is located on the same lot as the principal building or use served, with the single exception of such accessory off-street parking facilities as the Village Board may permit to be located elsewhere than on the same lot with the building or use served.

Agriculture: The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, verticulture and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.

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

Amusement Device: Any table game or other amusement device, whether controlled by skill or by chance, for the operation of a game, pastime or contest by the manipulation of a marble, sphere, object, figure, simulated rifle or gun and the like, or by controlling the movement of same or setting the motion by manual, mechanical and/or electronic means within a business district. Bowling alleys and State Licensed Video Gaming Terminals (licensed by the State of Illinois) shall be excepted from this definition.

Antenna: A conductor or group of conductors by which electromagnetic waves are radiated or received; typically, a radio, telephone or television signal is transmitted from one antenna on electromagnetic waves, and is received at some point by another antenna.

Antenna, Colocation: The use of a wireless telecommunication facility by more than one wireless telecommunications provider.

Antenna, Total Height: The vertical distance of an antenna as measured from the mean grade elevation within 20 feet of the antenna to the top of the highest part of the antenna and tower combination.

Apartment: A room or suite of rooms in a multi-family structure which is arranged, designed, used or intended to be used as a housekeeping unit for a single-family. This definition does not include Assisted Residential Facilities or Independent Residential Facilities.

Athletic Field: An area devoted to active public recreational uses such as exercises, sports or games which may include fixed or portable spectator seating for over 75 people and/or lights for events occurring after sunset.

Automatic Car Wash Facilities: Any building, or portion thereof, containing facilities for washing automobiles in an automatic manner.

Automobile Body Repair: Any building where collision service such as body, frame or fender straightening and repair; painting of more than ten percent of the surface of a vehicle; body or fender work; upholstering; is conducted on the premises. Such service shall be conducted wholly within an enclosed building.

Automobile Service Bays: Enclosed areas where automobile repairs are performed, including, but not limited to, lubrication, oil change, tire repair, wheel alignment, tune-up, brake repair, battery charge, replacement of fan belts, hoses, wiper blades and mufflers and exhaust systems.

Automobile Service Repair: Any building where incidental repair and replacement of parts and motor service to automobiles is provided. Such service shall be conducted wholly within an enclosed building.

Automobile Service Station: A place where automotive fuel, stored only in underground tanks, motor oil, lubrications or other minor accessories, including convenience foodstuffs and household items, are retailed directly to the public on the premises for the convenience of the consumer.

Awning, Permanent: A roof-like cover that is stationary and constructed of permanent materials and is permanently affixed in place to a building. Such a structure may be installed for the purpose of shielding a doorway or window from the elements, or as an architectural feature of a building.

Awning, Temporary: A roof-like cover that is temporary in nature and that projects from a wall of a building in such a manner that the structure may or may not be raised or retracted to a position against the building. Such a structure may be installed for the purpose of shielding a doorway or window from the elements.

Balloon Sign: See Sign, Inflatable.

Banner: See Sign, Banner.

Basement: A story partly or wholly underground. Where more than one-half of its height is above the average level of the adjoining ground, a basement shall be counted as a story for purpose of height measurement.

Beacon Light Sign: See Sign, Beacon Light.

Bedroom: A room intended for sleeping, having a clothes closet, separable from other rooms by a door, and accessible to a bathroom without crossing through another bedroom.

Billboard: See Sign, Outdoor Advertising.

Building: Any structure used or intended for supporting or sheltering any use or occupancy.

Building Area: The gross horizontal area of a lot remaining after compliance with the minimum open space requirements of this Code.

Building Front: That portion of a building where the primary building entrance is located. Where more than one primary building entrance is provided, the building front shall be that portion of the building facing toward the street to which the legal address has been assigned. Corner lots shall have only one building front.

Building Ground Floor Area: Within the R-9 Planned Development District, the gross horizontal area of the first floor of a building or buildings—Measured from the exterior face of exterior walls including garage and carport accessory uses. Covered parking areas not more than one-half story above grade shall not be included provided that 80 percent of the room of such a covered area is designed and utilized for recreational purposes.

Building Height: The vertical distance of a building as measured from the mean grade elevation within 20 feet of the structure to the highest point of the building, including, but not limited to chimneys, mechanical equipment, parapets, spires, penthouses and the like. Antennas shall not be included in calculating building height. See the definition for Antenna, Total Height.

Building Line: The building line shall be the same as a front, side, or rear yard setback line.

Bulletin Board: A sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.

Cannabis dispensary: A dispensary or dispensing organization as defined in the Illinois Cannabis Tax Act (410 ILCS 705/1 et seq.), as amended, or a "medical cannabis dispensing organization," as defined in the Illinois Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.), as amended.

Canopy: A structure, other than an awning, made of cloth, metal or other material with frames which may or may not be attached to a building and supported by a frame affixed to the ground.

Cargo Container Unit: A unit, container, or similar structure similar to those originally designed for the transport of goods or materials via truck, boat or air used to store items, regardless of size. This definition may include, but is not limited to cargo units, airplane cargo units, portable temporary storage units, semi-trailer and truck body units, and rail carriage units.

Carport: A structure attached or made a part of the main structure, which is open to the weather on at least two sides, intended for the use of sheltering motor driven vehicles, and no wider than two standard size automobiles.

Communications Tower: A structure which supports an antenna. A mast shall be considered a communications tower or part of a communications tower.

Data center: A facility used to house and operate networked computer systems for the maintenance, storage, processing, and routing of data, including related office and warehouse activities and infrastructure support equipment including but not limited to: power and cooling equipment, electrical substations, transformers, and security apparatus. A data center may include multiple structures on one or more contiguous lots which are developed and operated as a unit.

Deck: A platform usually constructed of wood and usually attached to and projecting from a dwelling structure, which is elevated above grade level, which is open-sided and which has no roof. A deck may or may not include railings along its sides. A deck will usually include vertical supports or cantilevered braces under the deck to anchor, support and/or secure the deck. A deck may also be called a balcony.

Decorative Fence: See Fence, Decorative.

Decorative Structure: Any embellishment or ornamental thing that is built or constructed such as a planter, lighting fixture or statue less than eight feet in height.

Density: The number of dwelling units or number of bedrooms per acre of zoning lot.

Density Loss: Within the R-9 Planned Development District, a density loss occurs when a D Subzone is converted to an A, B or C Subzone, but the density loss in all cases shall be limited to loss as if converted to a C Subzone.

Director Of Code Enforcement: The Director of Code Enforcement for the Village of Hoffman Estates. This term shall also include the designated representatives of the Director.

Disability: A physical or mental impairment which substantially limits one or more of such person's major life activities, impairs their ability to live independently, or a record of having such an impairment, or being regarded as having such an impairment, but such terms do not include current use of or addiction to a controlled substance.

District: A zoning area of the incorporated area of the Village for which the regulations and provisions governing the use of building and land are uniform for each class of use permitted therein.

Drive-Through Restaurant: Any eating establishment or portion thereof, with provisions to serve patrons in their cars by means of a lane and/or window for the purposes of consumption off-site.

Driveway: Any private roadway or apron leading from a house, garage, building or other property to the street.

Dwelling: For purposes of this Code, a building or portion thereof, but not a mobile home or major recreational equipment, designed exclusively for residential occupancy, including one-family, two-family and multiple dwellings, but not including hotels, boarding and lodging houses.

Dwelling—Assisted Residential Facilities: A public or private living facility in which care or support services are received by six or more residents. Services and programs received may include, but are not limited to, the following: meals, housekeeping, laundry, social, recreational, educational, protective security, transportation, or response to medical emergencies. These facilities may or may not be licensed or approved by the State of Illinois or other regulatory agencies. Such facilities shall include, but not be limited to: Assisted Living, Congregate Care, Life Care, Convalescent Care, Rehabilitative Care, and Extended Care Facilities. However, Community Residences, Hospitals and Sanitariums shall not be included in this definition. Any such use shall be considered only as a special use.

Dwelling—Community Residence: A building that: a) is occupied on a permanent basis by unrelated persons with disabilities who live together as a single housekeeping unit in a family-like setting, and who require and receive supervision or care by staff to live in a family setting; b) is state licensed; c) has obtained an Administrative Occupancy Permit from the Village; d) complies with the zoning regulations for the district in which the site is located. Community residences may also be commonly known as group homes or specialized residential care homes.

Dwelling—Independent Residential Facilities: A public or private living facility containing six or more individual dwelling units designed and operated for residents aged 55 or older (in accordance with the Federal Fair Housing Act) who are capable of maintaining independent households. Limited services and programs may be provided, however, the facility shall not meet the requirements for any state license as a care facility. Such facilities shall not include: Assisted Living, Supportive Living, Congregate Care, Life Care, Convalescent Care, Rehabilitative Care, Extended Care, Community Residences, Hospitals or Sanitariums. Any such use shall be considered only as a special use.

Dwelling—Multiple: A building or portion thereof designed for occupancy by three or more families living independently of each other. This definition does not include Assisted Residential Facilities or Independent Residential Facilities.

Dwelling—One-Family Attached: A building attached at the side or sides and designed exclusively for occupancy by more than two families, but not in excess of six families living independently of one another, including: separate kitchen and bath facilities; individual access to a public street or private traffic way; individual utility services; individual units located on private lots.

Dwelling—One-Family Detached—Zero Lot Line: Buildings located on individual parcels of land with a "0" lot line zoning lot which commonly utilizes the blank side or rear walls of adjacent units and/or accessory barrier walls or fences to form a private courtyard.

Dwelling—One-Family Attached, Stacked: A One-Family Attached Dwelling Unit with the following exceptions:

1.

The dwelling is attached at the wall, floor or ceiling with one or more adjacent units; and

2.

The dwelling shall be a one-level attached dwelling unit. No unenclosed stairways shall be permitted.

Dwelling—One-Family Detached: A detached building designed exclusively for occupancy by one-family.

Dwelling—Plexus Housing Units: Within the R-9 Planned Development District, dwelling units with direct access to the outdoors which may not have private yards or individual parcels of land. Such units are commonly held in condominium ownership.

Dwelling—Two-Family: A building designed exclusively for occupancy by two families living independently of each other.

Dwelling Unit: One or more rooms which are arranged, designed, or used as the living quarters for a family or community residence only and including permanently installed kitchen and bathroom facilities.

Easement: A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

Eave: The projecting lower edges of a roof overhanging the wall of a building.

Electronic Message Center Sign: See Sign, Electronic Message Center.

Face Cord, Firewood: A stack of firewood one course deep, four feet high by eight feet long.

Family: One or more persons occupying a premises and living as a single household unit.

Fence: A freestanding structure of metal, masonry, wood or any combination thereof resting on a raised platform on/or partially buried in the ground and used for confinement screening or partition purposes. A fence is a structure forming a barrier above a raised platform or at grade level between lots, between a lot and a street or an alley, or between portions of a lot or lots.

Fence, Decorative: Any fence installed as an ornamental embellishment usually at a lot corner and having a regular pattern that is over 80 percent permeable to both light and air when viewed perpendicular to the plane of the fence.

Financial Institution: An establishment that provides personal, commercial and retail money holding, investment and lending services including banks, savings and loans, and credit unions. The term financial institution shall not apply to currency exchange, real estate and investment broker offices.

Flag, Advertising: Any sign printed or painted on cloth, plastic, canvas or other light material with distinctive colors, patterns, or symbolic devices and used for attracting the attention of the public.

Flag, Corporate: A device printed or painted on cloth, canvas or other light material representing the symbol of any corporation.

Flag, Official: A device printed or painted on cloth, canvas or other light material representing the symbol of any nation, state or political subdivision.

Floor Area Ratio: The numerical value obtained through dividing the Gross Floor Area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located.

Freestanding Sign: See Sign, Freestanding.

Game Area: Any building or portion thereof, where a maximum of ten amusement devices are located in an area or areas under the leasehold or ownership control of one person. For purposes of this definition, an area includes all common walkways, malls and pedestrian thoroughfares in any building, or series of buildings connected by party walls. Said game area shall be permitted only as an accessory use to a recreation use and may not occupy more than 30 percent of the total square footage of the business.

Game Room: Any building or portion thereof, where eleven (11) or more amusement devices are located in an area or areas under the leasehold or ownership control of one person. For the purposes of this definition, an area includes all common walkways, malls and pedestrian thoroughfares in any building, or series of buildings connected by party walls. Such game rooms shall be prohibited in Hoffman Estates.

Game Room, Dart Playing Facility: A facility of 5,000 square feet or more that serves no alcoholic beverages where 11 or more amusement devices for the playing of darts are located in an area or areas under the leasehold or ownership control of one person.

Game Room, Restaurant: Any licensed restaurant of 10,000 square feet or more that contains no seating bar for alcoholic beverages where 11 or more amusement devices are located in an area or areas under the leasehold or ownership control of one person.

Games, Common Business: Any building or portion thereof within any Business District where no more than two amusement devices are located on or about the premise.

Games, Common Residential: Any building or portion thereof except a dwelling within any Residential or Apartment District where no more than ten amusement devices are located on or about the premise.

Games, Home: Any dwelling where amusement devices are located on or about the dwelling and used by the family and guests.

Garage, Private: An accessory building, or portion of a principal structure, designed primarily for the storage of motor driven vehicles.

Garage, Public: Any building or portion thereof or premises where motor driven vehicles or trailers, not owned or leased by the owner or lessee of said building or portion thereof or of the premises, are stored or parked.

Gazebo: A freestanding roofed structure, which may or may not be attached to a deck or walkway, which may or may not be enclosed, and which provides a shaded space. A gazebo is a multi-sided structure, usually having more than four sides, usually constructed of wood, which may or may not have railings along its sides.

Gross Floor Area: The sum of the gross horizontal areas of the several floors of a building or buildings—Measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular Gross Floor Area shall include:

a.

Basement space if at least one-half of the basement story height is above the established curb level or where the curb level has not been established, above the average level of the finished grade.

b.

Elevator shafts and stairwells at each floor.

c.

Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet, except equipment, open or enclosed, located on the roof, i.e. bulkheads, water tanks and cooling towers.

d.

Attic floor space where the structural headroom exceeds seven and one-half feet.

e.

Interior balconies and mezzanines.

f.

Enclosed porches, but not terraces and breezeways.

g.

Accessory uses, other than floor space devoted exclusively to accessory off-street parking or loading.

Gross Leasable Area: The total floor area designed for tenant occupancy and exclusive use including basements, mezzanines, and upper floors, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.

Ground Area Ratio: Within the R-9 Planned Development District, the percentage ratio of the building ground floor area to the zoning lot area for all buildings in a zoning lot.

Ground Clearance: The measurement from the bottom portion of a sign face to ground level. If the subject sign is built over or upon a planter, ground clearance shall also be measured to ground level. Under no circumstances shall the planter exceed one and one-half feet in height.

Ground Floor Living Area: The gross area of a building or buildings taken as a plane through the building, excluding accessory uses such as a garage.

Ground Level or Grade Level: Ground level or grade level is the natural grade of a lot or any parcel of property.

Ground Sign: See Sign, Ground.

Gun Shop: A business, or portion of a permitted retail business, that sells weapons which use gunpowder to propel a projectile or projectiles at high velocity.

Helipad: A certified helicopter landing pad. A Helipad may also be called a Helistop.

Heliport: A certified helicopter landing pad that additionally includes hangers and/or maintenance and fuel facilities.

Home Based Business: Any use that requires a business license (pursuant to Section 8-11-4) and is conducted entirely within the dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Such home based businesses shall comply with the regulations as set forth in Section 8-11-4.

Uses deemed to be unacceptable as home occupations include, but are not limited to: clinics, doctors' offices, hospitals, barber shops, beauty parlors, clothing shops, real estate offices, tea rooms, tourist homes, animal hospitals, kennels, livery services, the repair and/or servicing of automobiles or other vehicles, as occupations not deemed to be home occupations.

Hotel: A facility offering transient lodging accommodations to the general public in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours, and providing additional services such as restaurants, meeting rooms and recreation facilities.

Illuminated Traffic Signal: Any official traffic control device or sign which is illuminated by electric lights or luminous devices.

Incombustible Material: Any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not continue to burn or glow at that temperature.

Inflatable Sign: See Sign, Inflatable.

Instructional Sign: See Sign, Instructional.

Kennel, Commercial: Any building or portion thereof where six or more dogs, cats or other domestic animals over six months in age are kept, boarded, bred or cared for in return for remuneration or are kept for the purpose of sale.

Lot: A parcel of land occupied or intended for occupancy by a use permitted in this Code, including one or more principal buildings and accessory buildings as approved by the Village Board, the open spaces required hereunder for off-street parking or loading facilities and having its principal frontage upon a street or upon an officially approved place. Such parcel of land shall be established by a plat of subdivision approved by the Village and recorded with the County Clerk.

Lot Area: The two dimensional surface area of a lot measured in square feet.

Lot Area Ratio: Within the R-9 Planned Development District, the percentage ratio of the building ground floor area to the lot area for any detached single-family dwelling.

Lot, Corner: A lot situated at the intersection of two or more streets.

Lot Depth: The mean horizontal distance between the front and rear lot lines.

Lot, Interior: A lot other than a corner lot.

Lot Line: A line dividing one lot from another, or from a street, or any public place.

Lot Width: The horizontal distance between the side lot lines measured at right angles to the lot depth at the building line.

Major Changes in a General Plan: Within the R-9 Planned Development District, a major change shall be any change to the location or boundaries of any subzone except for allowed portability and any material change to the roadway system as portrayed in the general plan submitted. A material change of the roadway system shall mean relocating the centerline of any road more than 50 feet from the place where it is shown on the general plan, the adding of a major or collector street where it is not shown or the deleting of any portion of a major or collector street which is shown.

Marquee: A permanent roof-like structure extending from part of the wall of a building, but not supported by the ground.

Mean Grade Elevation: The average elevation taken from the base of the structure to the low finished grade within a 20' radius (located on private property).

Minor Changes in a General Plan: Within the R-9 Planned Development District, a minor change shall be any change which is not a major change in the General Plan.

Mobile Home: Any structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be permanent habitation, and designed to permit the occupancy thereof as a dwelling place for one or more persons, provided that any such structure resting on a permanent foundation, with wheels, tongue, lug bolts and hitch permanently removed, shall be construed as a mobile home.

Mobile Office: Any structure designed for temporary or permanent office and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be temporary, or permanent office, and designed to permit a temporary or permanent office, provided that any such structure resting on a permanent foundation, with wheels, tongue, lug bolts and hitch permanently removed, shall be construed as a mobile office.

Motel: An establishment providing transient lodging accommodations to the general public containing six or more rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Motor Fuel: This term shall be as defined by the "Motor Fuel Tax Law" of the State of Illinois.

NIT: A unit of illuminative brightness equal to one candle per square meter, measured perpendicular to the rays of the source.

Nonconforming Use: Any building, structure or land lawfully occupied by a use or lawfully situated at the time of the passage of this Code or amendments thereto, which does not conform after the passage of this Code or amendments thereto with the regulations of this Code.

Off-Street Loading Berths: An area in connection with any business or public building or structure which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles.

Outdoor Advertising Sign: See Sign, Outdoor Advertising.

Outdoor Pedestrian Courtyard: A pedestrian area, without vehicular access, which is enclosed by buildings with tenant spaces on at least two sides and has no sides facing a public street or parking area.

Outlot: A lot of record located adjacent to a shopping center where the primary means of access to the lot is provided through the ingress/egress aisles of the shopping center parking facilities. See the definition for Lot and Shopping Center.

Parking Space or Stall: An area for the purpose of parking a motor vehicle.

Pennant Sign: See Sign, Pennant.

Person: Any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, public or private, or a receiver, trustee, conservator, or other representative appointed by order of any court.

Pilot Plant: An establishment or part thereof used to test out concepts and ideas, and determine physical layouts, material flows, types of equipment required, costs, and secure other information prior to full-scale production.

Planter, Base of Sign: Any structure or object constructed of brick, masonry, wood, or other material that is located at the base of a sign or sign support pole or poles. Such structure may or may not contain real or artificial landscape materials.

Pool, Ornamental: An architectural or natural basin of water which is used or intended for decorative purposes only as an architectural and/or landscape design feature and which is not intended or used for swimming or wading.

Porch: A platform attached to and projecting from a building structure, which is elevated above grade and which has a roof. A porch may or may not include railings along its sides. A porch will usually include vertical supports or cantilevered braces under the porch to anchor, support and/or secure the porch. A porch shall not be enclosed by screens, glass or any other material forming a wall.

Portability of Density: The technique within the R-9 Planned Development District for maintaining the overall gross density of the entire project and at the same time providing an incentive for maintaining proper densities in the B Subzone.

Portable Sign: See Sign, Portable.

Premise: Any property, improved or unimproved.

Primary District Facility Site: Any site which is owned, operated, or occupied by the Village of Hoffman Estates, a township, park district or public library governed by a board or commission elected in whole or in part by residents of the Village and has been formally designated as a Primary District Facility Site by the Village Board for purposes of any regulation referring to such a designation in Chapter 9 of the Village Municipal Code.

Private Open Space (Permanent): That portion of a lot under private ownership which shall not be improved or occupied by buildings or structures including accessory buildings or structures. Easements for public utilities shall not be restricted or infringed by this easement.

Private Traffic Way: A driveway or private roadway or apron leading from a dwelling unit or garage to the street, and a crossing in front of the yard space of one or more adjacent dwelling units. They shall be privately maintained. Dwelling units which abut private traffic ways shall meet the applicable setback requirements.

Projecting Sign: See Sign, Projecting.

Proprietary Residential Facility: On-site housing limited to:

a.

A security employee and family that furthers 24-hour security requirement of a self-storage facility.

b.

An employee(s) of a hotel or motel that furthers the security of such facility.

Public Open Space (Permanent): An area devoted to public use. The term includes public schools, public parks and playgrounds, public landscaped green space, lakes, ponds and streams. Buildings and facilities constructed by public agencies shall be considered public open space.

Recreational Equipment: For purposes of this Code, recreational equipment shall include vehicles with recreational vehicle registration plates, motor homes, van campers, motorcycle trailers, travel trailers, campers, tent trailers, boats and boat trailers, snowmobiles, aircraft and non-motorized equipment used for transporting recreational equipment.

Recreational Equipment—Mobile condition:

a.

Highway—Motorized: Recreational equipment designed for and used upon public highways capable of immediate operation except when incapable of operation during routine maintenance of not more than 24-hour duration.

b.

Highway—Non-Motorized: Recreational equipment designed for and used upon public highways capable of being transported from the premises within one hour presuming tow vehicle availability.

c.

Non-Highway: Recreational equipment designed for and used off public highways capable of being transported from the premises within one hour presuming tow vehicle availability.

d.

Generally: Any recreational equipment located within ten feet of a dwelling structure shall be so situated so as to permit its immediate relocation in the event of a fire or other emergency.

Recreation Use: Any athletic or entertainment use where there is only an incidental sale of a product or service; which use is established in a building or facility specially constructed, improved or equipped for use by the general public for athletic or entertainment purposes. Said recreation use shall include but not be limited to bowling alleys, roller rinks, indoor theatres, sports centers and the like.

Rentals, Truck and Trailer: A business operated in conjunction with an approved light self-storage facility providing rental trucks with a maximum size of 26 feet, 18,000 lbs. gross vehicle weight, and providing rental trailers with a maximum size of six foot by 12 foot.

Roof Line: The top of the parapet of a building with a flat roof, the eave line of a building with a gable, gambrel or hip roof or the deck line on a building with a mansard roof.

Roof Sign: See Sign, Roof.

Searchlight: See Sign, Beacon Light.

Setback: The horizontal distance between the building or structure and the property line.

Shopping Center: A development containing four or more, individual establishments developed under one ownership.

Short Term Rental: The rental of a dwelling unit, portion thereof, or accessory structure (whether permanent or temporary) on the same lot as a dwelling unit, for a period of less than 30 nights, for which the guest compensates an owner or lessee of the unit in return for the right to occupy or use the property. Such a use is prohibited within the Village of Hoffman Estates.

Sign: Any device or advertising symbol including, but not limited to exterior clocks, temperature indicators, marquees, placards or other representations, which may or may not contain words, letters, printing, pictures, designs or combinations thereof used in the nature of advertisement, announcement or directors calculated to attract the attention of the public, which may be constructed from metal, wood, plaster, stone, card, cloth, paper, glass or other material of any kind or character whatsoever and placed on the ground or on any pole, building, structure, wall or thing whatsoever. The term "placed" as used in this definition shall include erecting, constructing, posting, painting, printing, nailing, tying, gluing, carving or other fastening, attaching, affixing, or making visible in any manner whatsoever. For purposes of Section 9-3-8 Signs of this Code, use of terms including, but not limited to, attach, affix, erect and construct shall be included in this definition.

Sign, A-Frame: Any sign of a structural framework with steeply angled sides meeting at the top like the sides of the letter A. Such signs may also be known as sandwich board signs. Signs, A-Frame are specifically prohibited by this Code.

Sign, Awning: Any awning containing signage attached to, painted on or mounted on one or more sides or faces. An awning may contain multiple faces or sides with signage, however, the entire awning shall be considered as one sign.

Sign, Banner: Any sign printed or painted on cloth, plastic or canvas and used for attracting the attention of the public. All Banner Signs shall be considered temporary signs.

Sign, Beacon Light: An apparatus containing a light and/or reflector for projecting a strong, far-reaching beam of light in any direction. Such a sign is used in the nature of advertisement, announcement or directions calculated to attract the attention of the public and may be commonly referred to as a searchlight.

Sign, Electronic Message Center: Any sign which uses changing (also known as traveling) lights to form a sign message or messages, or symbols or characters in motion or animation, wherein the sequence of messages, characters and symbols and the rate of change is electronically, electrically or automatically programmed and may be modified by electronic, electric or automatic processes. Signs, Electronic Message Center are specifically prohibited by this Code (this does not include window signs, time/temperature signs, display screens on fuel pumps or Governmental Information Signs).

Sign, Entrance/Exit: Signs located on the premises that denote entrances or exits to parking facilities.

Sign, Flashing: Any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times. Illuminated signs which indicate the time and/or temperature shall not be considered Flashing Signs. Signs, Flashing are specifically prohibited by this Code.

Sign, Freestanding: Any sign supported by posts, poles, uprights, braces or other supports placed upon the ground, and not attached to any building. Up to two supports are allowed provided the total width of both poles is no greater than 15 inches.

Additional supports are permitted but the square footage of each additional support shall be included in the total sign area. Any sign that has supports with widths greater than 15 inches shall have the square footage of the additional width included in the total sign area.

Sign, Fuel Pump: Signage attached, affixed, painted or otherwise incorporated on to an automotive fuel dispensing pump. Such signage may include instructions or advertisement signage.

Sign, Ground: Any sign not supported by posts, poles, pylons, uprights, braces or other supports designed to raise the sign above the ground and has a sign base that is in full contact with the ground. Ground signs may also be commonly known as monument signs.

Sign, Illuminated: Any sign which is illuminated by electric lights, or luminous devices, internal or external, to the sign proper and may include such chemical or physical properties which cause or effect a reflection.

Sign, Inflatable: Any sign or inflatable device designed to be filled with air or a gas lighter than air. This definition shall include Balloon Signs. Signs, Inflatable are specifically prohibited by this Code.

Sign, Instructional: A sign that provides service, direction or courtesy information intended to assist the public. Such signs include, but are not limited to the following: signs may identify the location of business facilities (e.g. store entrances, walk-up windows, self-service operations, accessory automotive services "Air" "Vacuum") provide government regulated information, and courtesy information (hours of operation, "credit cards accepted," restrooms, and public telephones).

Sign, Legal Non-Conforming: Any sign lawfully existing on the effective date of an ordinance, or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance. See Section 9-3-8-G (Non-Conforming Signs) of this Code for additional requirements.

Sign, Menu Board: Any sign which directs attention to a restaurant menu as an accessory to a restaurant with drive through facilities. Such sign may be illuminated and may be building mounted or freestanding and may contain a two-way communication system for the purpose of food order only.

Sign, Motor Vehicle: For purposes of this Code, any sign on or attached to a motor vehicle which is parked for the primary purpose of displaying same.

Sign, Moving: Any sign that has any external or visible part or parts that move, rotate, or spin. Signs, Moving are specifically prohibited by this Code.

Sign, Off-Site Commercial Advertising: Any sign containing off-site commercial advertising. Such signs shall be prohibited unless provided for elsewhere in this Code. This definition includes billboards.

Sign, Outlot: Any sign located on an outlot. See the definition for Outlot.

Sign, Pennant: Any sign printed or painted on cloth, plastic, canvas or other light material with distinctive colors, patterns or symbolic devices and used for attracting the attention of the public. A pennant sign is usually, but not limited to being long, narrow and triangular in shape and for purposes of this Code, pennant signs shall include, but not be limited to such devices as spinners, propellers, ribbons, streamers, garlands, and the like, which are mounted singly or in a chain like series and/or fastened in such a manner that the device moves, rotates or spins when subjected to pressure by the wind. Signs, Pennant are specifically prohibited by this Code.

Sign, Portable: Any sign designed to be moved from place to place. Signs, Portable are specifically prohibited by this Code.

Sign, Projecting: Any sign which is attached directly to the building and which extends more than 12 inches from the face of the wall. Signs, Projecting are specifically prohibited by this Code.

Sign, Roof: Any sign erected, constructed or maintained wholly or partially upon or above the roof line of any building. Roof signs shall include signs on penthouses, rooftop mechanical equipment screening and other like structures.

Sign, Scoreboard: A sign located on an athletic field that displays the score of a game, the time and information related to the activity on the field. It may be electronic. (This type of sign is not considered to be an electronic message center sign.)

Sign, Surface Area of: The entire area within a single contiguous square or rectangular perimeter enclosing the extreme limit of a sign; in no case shall this perimeter pass through or between any adjacent elements of the same. The width of a frame shall be included in the area of calculation. Should letters or graphics be mounted directly on a wall or in any such way as to be without a frame, the dimensions for calculating the square footage shall be the area contained with the periphery formed around such letters or graphics bounded by straight lines connecting the outermost points thereof. All sides of a multifaced sign structure shall be used in computing total surface area. Signs over 18 inches in depth are considered multifaced or irregular shaped signs and shall be computed on the basis of the sum of the square foot area of each surface face excluding the top and bottom. When measuring the surface area of freestanding and ground signs, the surface area of support poles, pole enclosures, architectural bases or architectural frames shall not be included in the total surface area if the total exempt surface area does not exceed the total allowable signage area for the sign. When measuring the surface area of awning signs, any face containing signage which is greater than one-third of the area of the face shall include the entire dimensions of that face as area; any face containing signage which is less than or equal to one-third of the area of the face shall include only the area of the sign itself as sign area. All sides of a multifaced awning containing signage shall be counted as the total sign area for the one awning sign.

Sign, Temporary Construction Business: Any sign that primarily serves to convey information to potential customers regarding a business' operations and services designed to be temporarily installed during a major road construction project that has been designated as such and adheres to limits defined by the Village Board.

Sign, Under Canopy Business Identification: An identification sign placed under the protective covering of an automotive service station canopy that is either placed on the fuel pump structure or on the canopy supports.

Sign, Wall: Any sign which is attached directly to the building wall and which does not extend more than 12 inches from the face of the wall. This definition shall include any architectural feature or design that includes all or part of an exterior wall.

Sign, Window: Any sign that is applied upon, attached to, painted upon the interior or exterior or located within 12 inches of a window or door and/or is located within a building such that the sign is located and intended to be viewed from the exterior of such building. Such signs shall not be illuminated unless otherwise provided for. Such signs shall not be located above a height of 15 feet, as measured from grade to the top of sign.

Spa: A hydromassage pool, or tub, for therapeutic or recreational use, not located in health care facilities, and shall include, but is not limited to terms such as hydrotherapy pool, whirlpool, hot spa and hot tub. A spa designed for the immersion of users but not for swimming and/or diving purposes and usually consists of a filter, heater and motor-driven blower. It may be installed indoors or outdoors, on the ground or supporting structure or in the ground or supporting structure.

Storage Sheds: Any tool house, shed or similar building that is freestanding and designed or used for the storage of domestic supplies.

Street, Private: Any privately owned area which is intended to afford access to parcels.

Street, Public: A right-of-way which is dedicated for public use or maintained by public authorities.

Structural Alterations: Any change, other than incidental repairs, which would prolong the life of supporting members of a building such as the addition, removal or modification of bearing walls, columns, beams, girders, or foundations.

Structure: Any object that is built or constructed.

Subzone: An area of land within the R-9 Planned Development District mapped and designated as being in the A, B, C, D, E, F-l, or F-2 subzone.

Swimming Pool—Single-Family Residences: An artificial basin of water containing water over 24 inches in depth which is constructed on or in-ground and which is used or intended to be used as a swimming pool or wading pool in connection with a single-family residence, and is available to the family of the household, and is private and not used for the purpose of profit.

Swimming Pool—Public and Private: Any artificial basin of water which is modified, improved, constructed or installed for the purpose of public swimming, and includes: pools for community use, pools at apartments, condominiums, townhomes, clubs, churches, camps, schools, institutions, parks, recreational areas, forest preserves, motels, hotels, and other commercial establishments. This definition does not include swimming pools at private residences intended only for the use of the owner and guests.

Tanning Salon: A room or a booth which houses ultraviolet lamps or products containing such lamps intended to induce skin tanning through the irradiation of any part of the human body for cosmetic or nonmedical related purposes.

Traffic Sight Line: The area at all street intersections enclosed by a visibility triangle, each leg of which is a distance of 30 feet, measured along each curb of the intersecting streets and from the point where said curb lines or extension thereto intersect.

Unimproved Lot: Any platted lot or tract of land used as a whole which is completely unoccupied by a building or structure and upon which no building or structure has been commenced.

Use, Permitted: A use which may lawfully be established in a particular district or districts, provided it complies with all requirements, regulations and standards of such district.

Use, Principal: The main use of a land or building as distinguished from a subordinate or accessory use. A "principal use" may be either "permitted" or "special".

Use, Special: A use, either public or private, which because of its unique characteristics, cannot properly be classified as a permitted use in any particular district or districts. After due consideration in each case, of the impact or such use upon neighboring land and of the public need for the particular use at the particular location, such special use may or may not be granted. For additional requirements see Section 9-1-18 Special Uses.

Village Clerk: The Village Clerk of the Village of Hoffman Estates. This term shall also include the designated representatives of the Village Clerk.

Wall Sign: See Sign, Wall.

Window Sign: See Sign, Window.

Wireless Telecommunications Facility: A facility consisting of the antennas, equipment, and structures involved in receiving those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.

Yard: An open space between a building and the adjoining lot lines, unoccupied and unobstructed, except as herein provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building shall be used.

Yard, Front: A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance measured perpendicular to the property line, separately for each projection of the structure, between the street line and the principal building or any projections thereof other than the projection of usual uncovered steps, eaves, decorative fences and decorative structures. The projection of eaves that do not exceed 24 inches shall be permitted within a front yard.

Yard, Front (R-10 District): In the R-10 Residential District, a yard extending across the front of a dwelling unit and being the minimum horizontal distance from the dwelling unit and any projections thereof other than the projection of usual uncovered steps, unenclosed balconies, eaves, decorative fences and decorative structures, to the street line. The projection of eaves that do not exceed 24 inches shall be permitted within an R-10 front yard.

Yard, Rear: A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance measured perpendicular to the property line, separately for each projection of the structure, between the rear lot line and the rear of the principal building or any projections thereof other than the projection of usual uncovered steps. The projection of eaves and fireplaces that do not exceed 24 inches shall be permitted within a rear yard.

Yard, Rear (R-10 District): In the R-10 Residential District, a yard extending across the rear of a dwelling unit and being the minimum horizontal distance from the rear of the dwelling unit and any projections thereof other than the projection of usual uncovered steps, eaves, decorative fences and decorative structures to any lot line or required yard area of another dwelling unit. The projection of eaves that do not exceed 24 inches shall be permitted within an R-10 rear yard.

Yard, Side: A yard between the principal building and the side line of a lot extending from the front setback line to the rear setback line, and being the minimum horizontal distance measured perpendicular to the property line, separately for each projection of the structure, between the side of the principal building and any projections thereof. The projection of eaves and fireplaces that do not exceed 24 inches shall be permitted within a side yard.

Yard, Side (R-10 District): In the R-10 District, a yard extending from the R-10 front yard to the R-10 rear yard of a dwelling unit structure, and being the minimum horizontal distance from the dwelling unit and any projections thereof other than the projection of usual uncovered steps, eaves, decorative fences and decorative structures to any lot line or required yard area of another dwelling unit. The projection of eaves and fireplaces that do not exceed 24 inches shall be permitted within an R-10 side yard.

Zoning Area Ratio: Within the R-9 Planned Development District, the numerical ratio of the floor area to the zoning lot area for all buildings in a zoning lot.

Zoning Lot Area: Within the R-9 Planned Development District, the two dimensional surface area measurement in square feet of a zoning lot as defined above.

Zoning Code: The Zoning Code of the Village of Hoffman Estates.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11; Ord. No. 4291-2012, § 3, 3-5-12; Ord. No. 4318-2012, § 5, 7-23-12; Ord. No. 4334-2012, § 1, 9-24-12; Ord. No. 4350-2013, §§ 2, 3, 1-14-13; Ord. No. 4364-2013, § 1, 4-15-13; Ord. No. 4535-2016, § 1, 3-14-16; Ord. No. 4772-2019, § 2, 12-16-19; Ord. No. 4928-2022, § 1, 3-7-22; Ord. No. 4943-2022, §§ 4, 5, 6-20-22)