The terms and words whenever used in this chapter shall be construed as herein defined.

(a)

Tense and form. Words used or defined on one tense or form shall include other tenses or derivative forms.

(b)

Number. Words in the singular number shall include plural number, and words in the plural number shall include the singular number.

(c)

Gender. Terms used in this Code, regardless of the gender specifically used, shall be deemed to include any other gender.

(d)

Person. The word "person" includes individuals, firms, partnerships, joint ventures, trusts, trustees, estates, corporations, associations, and any other similar entities.

(e)

Shall and may. The words "shall," "must" and " will" are mandatory in nature and establish an obligation or duty to comply with the particular provision. The word "may" is permissive.

(f)

Time. The time, within which any act required by this chapter is to be performed, shall be computed by excluding the first day and including the last day. However, if the last day is a Saturday or Sunday or a holiday declared by the United States Congress or the Illinois General Assembly, it shall also be excluded. The word "day" shall mean a calendar day, unless otherwise indicated.

(g)

Undefined terms. Any words not defined in this section shall be construed as defined in standard dictionary usage.

(h)

Illustrations and tables. In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, or table, the text shall control. No caption, illustration or table shall be construed to limit the scope or intent of the text of this chapter.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

(a)

Purpose of generic use definitions. Certain terms in this section are defined to include many uses to eliminate overly detailed listings of uses in the zoning districts established by this chapter.

(b)

Components of generic use definitions. Generic use definitions include a brief list of examples of uses intended to be included within the definition; an identification (where appropriate) of certain uses that are not meant to be included by the term.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Abandonment means to cease the use of a property, intentionally or otherwise.

Abut means to share a common lot line or zoning district boundary, without being separated by a street or alley.

Accessible means a site or facility that is easy to approach, enter, operate, participate in, and/or use safely and with dignity by a person with a disability.

Accessible ramp means any part of an accessible route conforming to the Illinois Accessibility Code.

Accessory retail/restaurant means the use of a portion of a building for retail purposes which are customarily incidental and subordinate to the principal use of the building.

Accessory structure/building means a subordinate structure or building attached to or detached from but located on the same lot as a principal building or use. Accessory structures and buildings include garages, sheds, gazebos, cabanas, decks, greenhouses, arbors and trellises, swimming pools, and playhouses.

Addition or expansion means any of the following: an increase in the occupiable and useable floor area of a building, or the reconstruction of a building or structure which is not accompanied by a change in the use of a lot.

Adjoining means abutting or contiguous.

Adult means a person who has reached 18 years of age.

Adult bookstore, adult novelty store, or adult video store means an establishment having a significant portion of its sales or stock in trade one or more of the following or derives a substantial portion of its interior business or advertising to the sale or rental for any form of consideration from one or more of the following:

(1)

Books, magazines, periodicals, printed matter, photographs, films, motion pictures, video cassettes, slides, or other visual representations which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical activities or areas.

(2)

Instruments, devices, or paraphernalia, which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.

(3)

An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials depicting or describing specified sexual activities or anatomical areas and can still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering the sale or rental of some form of consideration the specified materials, which depict or describe specified anatomical activities or specified anatomical areas.

Adult cabaret means a public or private establishment which:

(1)

Features topless dancers, strippers, nude or seminude personnel, male or female impersonators, lingerie, or bathing suit fashion shows.

(2)

Live entertainment characterized by the exposure of specified anatomical areas or films, motion pictures, video cassettes, slides or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical area.

(3)

The explicit performance or simulation of special sexual activities.

(4)

Personnel who dance with one or more patrons in a state of dress or undress in a manner intended for the sexual stimulation of a patron.

(5)

Features entertainers who, by reason of their appearance or conduct, perform in a manner that is designed primarily to appeal to the sexual stimulation of a patron, including, but not limited to, lap dancing and private dancing for one or more patrons.

Adult day care means a center that provides for the care of adults for a period of less than 24 hours, but not overnight, where services are designed to meet the needs of adults through individual plans of care. Each facility shall, at a minimum, meet the standards and guidelines for adult day care services as provided by the National Adult Day Services Association, a unit of the National Council on the Aging, Inc.

Adult uses means any one or more of the following: adult arcade, adult bookstores, adult motion picture theaters, adult mini-motion picture theater, adult entertainment, adult cabarets, adult novelty stores, adult motel, adult video store and other similar uses.

Alley means a public right-of-way with a width not exceeding 24 feet, which affords a secondary means of access to abutting property.

Artisan manufacturing, assembly, fabrication means a small-scale businesses that produce artisan goods or specialty foods, primarily for direct sales to consumers, such as artisan leather, glass, wood, paper, ceramic, textile and yarn products, specialty foods and baked goods. This land use includes the design, processing, fabrication, assembly, treatment and packaging of products; as well as the incidental storage, sales and distribution of such products.

Autobody repair means facilities that provide substantial motor vehicle body repair services to the shell of automobiles, major painting or undercoating services, engine rebuilding, reconditioning of motor vehicles, collision repair services, such as body, frame or fender straightening and repair, overall painting and undercoating.

Awning means a roof-like cover, temporary in nature, which projects from the wall of a building.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Balcony means a platform, which projects from the exterior wall of a building above the ground floor, exposed to the open air and has direct access to the interior of the building, which is not supported by posts or columns extending to the ground.

Bar means and includes business establishments engaged primarily in the retail sale or distribution of alcoholic beverages to public patrons for consumption on the establishment's premises, and that includes beer bars, parlors, lounges, cabarets and nightclubs. The term may also include accessory sale of prepared food.

Basement means a portion of a building located partly underground but having greater than four feet of its clear floor-to-ceiling height above the average grade of the adjoining ground.

Basketball equipment means a permanently installed pole-mounted backboard and hoop.

Bay window means a window which projects outward from the building, beginning at least two feet above ground that does not rest on the building foundation or on the ground.

Bed and breakfast means an owner-occupied single-family detached dwelling where short-term lodging and meals are provided for compensation.

Boarder means a person who rents lodging within part of a dwelling occupied by the person to whom the payments are made, with a rental period of one month or longer.

Body piercing means the perforation of any human body part other than ear lobe for the purpose of inserting jewelry or other decoration of for some other nonmedical purpose.

Buildable area means the area of the lot enclosed within the front, side and rear yard required setbacks.

Building means any structure with walls and roof and securely affixed to the land and having a permanent foundation, designed or intended for shelter or enclosure of persons, animals, chattels, or movable property.

Building coverage means the percentage of the lot occupied by principal and accessory buildings.

Building height means the vertical distance from grade to the highest point of the roof of the building or the highest point of the structure. Building height shall not include mechanical equipment and screening, elevator override or stair access, and any amenity space with a gross area of less than 25 percent of the total floor plate.

Building material, machinery, and equipment sales or storage means a facility primarily oriented to the receiving, holding, shipping, and/or sale of building material, machinery, and equipment for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities.

Bulk means a composite characteristic of a given building and located upon a given lot involving the following:

(1)

Size and height of building.

(2)

Location of exterior walls at all levels in relation to lot lines, streets or to other buildings.

(3)

Lot area, lot area per dwelling unit, and lot width required.

(4)

Impervious surface limits.

Business means any occupation, employment or enterprise that occupies time, attention, labor, and/or material for compensation whether or not merchandise is sold or services are offered.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023; Ord. No. MC-1075, § 2C., 5-9-2023)

Cannabis dispensing organization means a facility operated by an organization or business that is licensed by the department of financial and professional regulation to acquire cannabis from a state-licensed cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers.

Cannabis infuser organization means a facility operated by an organization or business licensed by the state department of agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, as allowed by the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) and regulations promulgated thereunder.

Car wash means the use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.

Cargo container storage, stacking means a standardized, reusable vessel, that is or appears to be designed without an axle or wheels, which was:

(1)

Originally, specifically, or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities;

(2)

Designed for or capable of being mounted or moved on a rail car;

(3)

Designed for or capable of being mounted on a chassis for movement by a truck trailer or loaded on a ship; or

(4)

Does not include portable storage containers.

Carry-out facility means a business which sells food or beverages to the consumer in a ready-to-consume state and whose operation includes serving food or beverages in paper, plastic, or other disposable containers, and does not include associated seating for dining on the premises.

Check cashing/pay day loan store means an establishment that provides to the customer an amount of money that is equal to the face value of the check, warrant, draft, money order or other commercial paper securing the same purpose, or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction, whereby the check casher refrains from depositing a personal check written by a customer until a specific date. Such establishments may also engage in money transfers, payday advances and issuance of money orders. This use shall not include a state or federally chartered bank, savings association, credit union, industrial loan association, or rental-purchase company and shall not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cashes checks or issues money orders for a nominal flat fee as a service to its customers incidental to the main use of the establishment.

Child care center means a DCFS-licensed agency that provides for the care of nine or more children during part of a 24-hour day, but not overnight.

Civic uses of public property means a temporary use of public property for civic events including parades, community events open to the public.

Club or lodge means a nonprofit association of persons who are bona fide members paying dues that owns or leases a building, or portion thereof, the use of such are restricted to members and their guests.

Commercial kitchen means a kitchen that has durable equipment designed for the large-scale production of food to be sold or consumed off-site.

Community garden means a site where any kind of plant, including flowers, is grown, and several individuals or households cultivate the site. The site may be divided into individual allotments, or gardeners may work together to cultivate the entire property. The land may be publicly or privately owned. The plants are grown for personal use by the gardeners or for donation.

Conforming structure means a structure or building that complies with all the regulations of this chapter.

Contiguous means adjoining or abutting.

Contractor's trailers and real estate sales model units means and includes guard's trailers, construction equipment sheds, contractors' or real estate sales trailers, and similar uses incidental to a construction project and sales of homes within a newly constructed development.

Contractor shop means an enclosed space used for the provision of services, storage, operation and housing of equipment and fabrication of building-related products.

Coworking space means a space in which workers employed at different establishments engaged in professional services as defined in this chapter work together in a single shared space. Coworking spaces typically charge membership dues and contain office equipment for shared use including computers, internet, and printers.

Craft brewery means a small-scale production facility where beer is manufactured in quantities not to exceed the limits of a class 1 or class 2 brewer, as defined by 235 ILCS 5/1-3.38 and 235 ILCS 5/1-3.42. A craft brewery may contain a tasting room where beer manufactured on-site is served.

Crematorium means an establishment used for the incineration of human remains and ancillary sales related to the cremation process which includes the sale of cremation containers and vessels, or urns used for the storage of cremated remains.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Deck means a structural platform without a roof directly adjacent and accessible to a principal building.

Drive-through facility means and includes all retail and service facilities that accommodate the patrons' motor vehicles, from which the occupants of the motor vehicle may make purchases or transact business.

Driveway means any impervious surface providing direct ingress to and egress from a parking space for a residential use.

Dry cleaner, processing on-site means an establishment or business maintained for the pickup, delivery, and processing of dry cleaning and/or laundry.

Dumpsters, temporary means a large-capacity waste receptacle one cubic yard or greater of solid metal or heavy-duty woven poly construction. The container is commonly used to handle waste disposal related to temporary activities, such as moving, remodeling, construction, and demolition projects. Temporary dumpsters do not include residential waste carts and dumpsters placed permanently on a property in a multi-family residential district for residential use and emptied on a regular weekly schedule.

Dwelling, accessory means a small, independent residential dwelling unit located on the same lot as a principal residential use. Accessory dwelling units may be located as a partitioned area within the principal dwelling, as a building attached to a principal dwelling unit, or as an accessory building detached from the principal building.

(1)

Dwelling, accessory, detached means an accessory dwelling unit standalone accessory building such as a detached garage not be attached to the principal building at any point.

(2)

Dwelling, accessory, attached/internal means an accessory dwelling unit that is an accessory portion of or structurally attached to the principal building.

Dwelling, duplex means a building containing up to two attached, single-family, dwellings joined to one another by a party wall or walls, and which may be stacked vertically or horizontally.

Dwelling, multiple-family means a dwelling containing three or more dwelling units that share a common party wall and/or floors or ceilings.

Dwelling, single-family detached means a dwelling containing one dwelling unit with open space on all sides and not attached to any other dwelling unit or building.

Dwelling, townhouse means a building having three or more dwelling units that are arranged side-by-side, joined to one another at one or more sides by a party wall and with each occupying an exclusive vertical space without another dwelling unit above or below. Each dwelling has a dedicated exterior entrance.

Dwelling unit means a group of rooms constituting all or part of a dwelling, which are arranged, designed, used, or intended for use exclusively as living quarters for one household, and which includes cooking and sanitation facilities.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Easement means the right to use a designated part of property owned by another party for a specified purpose.

Eave means the projecting lower edges of a roof extending beyond the vertical wall of a building.

Electric vehicle charging station means the equipment for charging electric-powered vehicles and the space on a site designated for its use.

Electric vehicle ready means the installation of electrical panel capacity and raceway with conduit to terminate in a junction box or 240-volt charging outlet ready for the installation of charging equipment.

Exhibit hall means a facility designed and used for conventions, conferences and seminars, along with accessory functions such as preparation and serving of food and beverages.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Family means one or more persons, related by blood, marriage, legal guardianship, or adoption, living together as a single housekeeping unit in a dwelling unit or a group of not more than three unrelated persons, living together as a single housekeeping unit in a dwelling unit. A family may include not more than two caregivers, servants, boarders or guests.

Fence means a constructed barrier partitioning, enclosing, or dividing a piece of land to prevent uncontrolled access for decorative purposes, or to screen from view from adjoining properties and streets the property or lot upon which the fence is erected.

Financial institution means and includes establishments whose principal use or purpose is the provision of financial services, including, but not limited to, bank facilities for tellers, automated teller machines, credit unions, savings and loan institutions, and currency exchange establishments. This use shall not include establishments whose primary purpose is to accept applications, originate, underwrite, process or service residential or commercial loans secured by mortgage on real property.

Firearm is defined in section 1.1 of the Firearms Owners Identification Card Act, 430 ILCS 65/0.01 et seq.

Firearms retailer means a business that derives its principal income from the purchase, sale, or trade of firearms, with or without sale of ammunition or firearms accessories; and either physically delivers firearms to purchasers on the premises or conducts firearms sales from the premises for delivery to offsite purchasers; and is required to possess a firearms dealer license under federal law.

Floor area, gross means the total enclosed floor area of the building(s) and structure(s) on a property including basements, lobbies, common area, storage areas, stairwells, restrooms, elevator shafts, hallways, equipment rooms, interior area devoted to parking, and other similar fully enclosed spaces of the building. Gross floor area does not include non-enclosed areas like plazas, loading docks, covered parking areas, balconies, and similar features. For motor vehicle sales, service, and rental uses, inventory storage shall not qualify as the basis to determine parking requirements.

Food cart or truck means a motorized vehicle or trailer, equipped to cook, prepare, serve, and/or sell food.

Fuel sales means buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where in addition indoor retail sales of convenience items are made. Commonly known as a gas station.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Garage means an accessory building or an accessory portion of the principal building, including a carport, which is intended for and used for storing of the private passenger vehicles of the occupants.

Gazebo means an accessory building consisting of a freestanding, covered open-air structure designed for recreational use and not human habitation.

Glare means the effect produced by brightness sufficient to cause annoyance, discomfort, loss of visual performance or visibility.

Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the structure.

Greenhouse, wholesale means an establishment for the growing of horticultural and floricultural products on site, which are sold at wholesale.

Group home means a residential building housing unrelated persons, who require and receive assistance, care, or supervision by staff, and who reside together in a long-term, family-type environment as a single housekeeping unit. The term "group home" shall not include alcoholism or drug treatment centers or a facility for criminal offenders serving on work release, probationary programs or other alternatives to incarceration.

Guest means a person who occupies, or has the right to occupy, a lodge, bed and breakfast, or dwelling accommodation for a period of 30 days.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Hard surface means an all-weather, durable, dustless ground surface composed of asphalt or concrete, excluding a surface composed of loose gravel or stone.

Home-based business means any business or commercial activity that is conducted, or proposed to be conducted, from property that is zoned for residential use and is clearly incidental and secondary to the use of the dwelling unit for residential purposes. The list of occupations that are specifically excluded include:

(1)

Bed and breakfasts.

(2)

Nursing homes.

(3)

Group homes.

(4)

Autobody repair.

(5)

Motor vehicle service.

(6)

Small engine and equipment repair.

(7)

Animal training and boarding.

Home-based business, class I means a permit for certain home-based businesses of limited scale and impact including:

(1)

Art or craft studio.

(2)

Dressmakers.

(3)

Professional offices of a clergyman, lawyer, architect, engineer, or accountant.

(4)

Teaching, such as music, art, language, or dancing, provided that it is limited to one pupil at a time.

(5)

Child day care homes licensed by the Illinois Department of Children and Family Services (DCFS).

Home-based business, class II means any allowed home-based business not meeting the criteria for a class I homebased business.

Hospital means and includes institutions providing physical or mental health services, in-patient or overnight accommodations, and medical or surgical care of the sick and injured. The term "hospital" shall not include medical offices as defined in this chapter.

Hotel means a building containing lodging rooms for rent to transient guests and accessed from a common entrance lobby, and where lodging rooms do not have a doorway opening directly to the outdoors, except for emergencies.

Household recreational facilities means recreation equipment or structure customarily and typically found on a residential lot that is incidental to, and associated with, a dwelling unit located on the same lot. This includes play equipment, trampolines and skateboard half pipes but does not include lawn furniture and decorations, barbecues, or satellite dishes.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Impervious surface coverage means the portion of a lot that is not covered with soil or natural vegetation. Such surfaces include areas covered by buildings, porches, patios, terraces, swimming pools. Decks composed of boards with at least one-quarter of an inch between each individual board shall be excepted. Surfaces constructed of asphalt, concrete, gravel composite, brick, stone, tile, or any other paving material used for parking, driveways and walkways are included.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Reserved.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Kennel means any lot or premises or portion thereof on which more than four dogs, cats, and other household domestic animals, over four months of age, are kept or at which more than two such animals are boarded for compensation or kept for sale.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Landing means the platform or floor at the top of a flight of stairs, between flights of stairs, or interrupting a flight of stairs.

Landscaping means creating a finished grade, preserving existing vegetation, installing trees, shrubs, groundcover, grass or other plant material, and maintaining the area to present a well-kept appearance.

Laundry, commercial means a facility, which provides laundry and dry cleaning, services for commercial and industrial businesses but does not provide self-service or laundry services for individual needs.

Laundry, self-service means a facility where patrons wash, dry or dry clean clothing or other fabrics in machines operated by the patron. The term "self-service laundry" may include establishments, which provide services to wash, dry or dry clean on an individual basis, but specifically excludes commercial laundry services.

Learning centers means a center that provides part-time, supplemental education or instruction in a specialized area. The term includes, but is not limited to, martial arts or dance studios, tutoring, computer instruction, or music lessons.

Light manufacturing, assembly, fabrication means industrial facilities at which all operations (with the exception of loading operations) are conducted entirely within an enclosed building; not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line; and do not pose a significant safety hazard (such as danger of explosion).

Lighting, cut-off means a light source with elements such as shields, reflectors or refractor panels which direct the light so that no light is emitted at an angle greater than 90 degrees. Such angle is formed by a line drawn from the direction of rays at the light sources and a line perpendicular to the ground.

Limousine means any motor vehicle offered to the public by a business for the purpose of carrying or transporting passengers for a fixed fee or an hourly rate. Taxicabs and personal vehicles used to transport passengers and operated under ride hailing platforms including, but not limited [to], Lyft or Uber shall be excluded from the definition.

Loading space means an off-street space on the same lot as the building for the temporary parking or standing of a commercial vehicle while loading or unloading merchandise or materials.

Lodging room means a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, each room shall be counted as one lodging room.

Lot means an individual parcel or tract of land located within a single block, occupied, or intended for occupancy, by one principal building or principal use, and having frontage upon a street. New lot lines may be established only in accordance with the subdivision regulations of the village.

Lot area means the total horizontal area included within the lot lines of a lot.

Lot, corner means a lot which at least two adjacent sides abut for their full lengths on a street.

Lot line means a property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed the street or alley line.

Lot line, front means any boundary of any lot, which is along an existing or dedicated street. Where the lot abuts more than one dedicated street, the shortest of the lot lines that abut a dedicated street shall be the front lot line.

Lot line, rear means that boundary of a lot, which is most distant from and is parallel, or approximately parallel, to the front lot line. If the rear lot line is less than two 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. On corner lots, the rear lot line shall be the boundary line opposite one of the street lot lines and established as the rear lot line at the time of application for the building permit.

Lot line, side means any boundary of a lot that is not a front or rear lot line.

Lot of record means a lot that is part of a subdivision, which was recorded, or a lot for which the description was recorded either in the office of the county recorder of deeds or in the office of the county registrar of titles prior to the effective date of the ordinance from which this chapter is derived.

Lot, through means a non-corner lot that abuts two streets.

Lot width means the distance between the two side lot lines, as measured at the required front yard setback line.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Maintenance/repair means an activity that restores or sustains the character or design of a building or structure to its previously existing, authorized, and undamaged condition. An activity that changes a building or structure beyond its preexisting condition or extends the scope or size is not defined as maintenance or repair.

Manufactured home means a movable or portable dwelling unit, designed and constructed to be towed on its own chassis, comprised of frame and wheels, and designed to be connected to utilities for year-round occupancy and to provide for complete independent living facilities, including provisions for cooking, sleeping, and sanitation. The term includes units containing parts that may be folded, collapsed, or telescoped when being towed and then expanded to provide additional cubic capacity, and units composed of two or more separately towable components designed to be joined into one integral unit capable of being again separated into components, for repeated towing. All manufactured homes shall be in compliance with 210 ILCS 115, Mobile Home Park Act, and 430 ILCS 115, Illinois Manufactured Housing and Mobile Homes Act.

Manufactured home park or mobile home park means a parcel, lot, or tract of land which has been planned and improved for the placement of manufactured homes for residential use, and which is in compliance with 210 ILCS 115, Mobile Home Park Act, and 430 ILCS 115, Illinois Manufactured Housing and Mobile Homes Act.

Massage therapy means an establishment that provides massage treatments to customers on-site.

Materials salvage yard/recycling operations means a parcel of land where secondhand, discarded or scrap materials are bought, sold, exchanged, stored, processed, or handled. Materials include scrap iron, structural steel, rags, rubber tires, discarded goods, equipment, appliances, or machinery. The term "material salvage yard, recycling operations" also includes a site for collection, sorting, storing, and processing of paper products, glass, plastics, aluminum, or tin cans prior to shipment for remanufacture into new materials.

Medical cannabis cultivation center means a facility operated by an organization or business licensed by the state department of agriculture as a cannabis cultivation center pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq., as may be amended from time to time.

Medical office means a building containing medical services or containing an association or group of physicians, dentists, clinical psychologists, or similar professional health care practitioners, including assistants. The office may include a pharmacy, dental and medical laboratories, and/or x-ray facilities, but shall not include inpatient or overnight care.

Mining and aggregate extraction means uses that include mining, extraction, removal, blasting, stockpiling of sand, gravel, topsoil, limestone or other aggregates, including the use of equipment for any of the stated uses.

Motel means a building containing lodging rooms rented temporarily to transient guests where access to each guest room is provided from the building's exterior.

Motor vehicle rental means an establishment that rents new or used automobiles, trucks, vans, recreational vehicles, trailers, boats, or motorcycles or other similar motorized transportation vehicles. Support uses may also exist upon the same site, such as maintenance, repair, and service areas and indoor parts storage areas.

Motor vehicle sales means retail establishments that sell new or used automobiles, trucks, vans, recreational vehicles, trailers, boats, or motorcycles or other similar motorized transportation vehicles. A motor vehicle sales establishment may maintain an inventory of the vehicles for sale or lease on-site. Support uses may also exist upon the same site, such as maintenance, repair, and service areas and indoor parts storage areas.

Motor vehicle service means premises for the supply and dispensing at retail of motor fuels, lubricants, batteries, tires, and motor vehicle accessories, and where in addition, the following services may be rendered and sales made:

(1)

Sales and servicing of spark plugs, batteries, and other motor vehicle related items;

(2)

Tire servicing and repair;

(3)

Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, windshield wipers and wiperblades, grease retainers, wheel bearings, mirrors and the like;

(4)

Greasing, lubrication and radiator flushing;

(5)

Minor servicing and repair of carburetors, fuel pumps, oil pumps, water pumps and lines and minor motor adjustments not involving removal of the head or crank case or racing the motor;

(6)

Emergency wiring repairs;

(7)

Adjusting and repairing brakes; and

(8)

Painting, welding, or other body work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations shall not be permitted.

Multi-tenant shopping center means a group of three or more commercial establishments including, but not limited to, restaurant, personal service, professional office, and retail uses planned, constructed, and co-located on a single site. Multi-tenant shopping centers contain individual tenant spaces for each commercial establishment that have a separate exterior entrance and are separated by a party wall. Off-street parking provided on-site is often shared between the uses located on the site.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Natural area preserve means a parcel or area of generally undeveloped land conserved in its natural state for the purpose of protecting flora, fauna, or other natural features for perpetuity.

Nonconforming building means a building that was lawfully established prior to, and existing on, the effective date of the ordinance from which this chapter is derived and that does not conform to the requirements of this ordinance for the zoning district in which it is located.

Nonconforming lot means a lot of record that does not meet the lot area, lot width or lot depth requirements of this chapter for the zoning district in which it is located.

Nonconforming structure means a structure that was lawfully established prior to, and existing on, the effective date of the ordinance from which this chapter is derived and that does not conform to the requirements of the zoning district in which it is located.

Nonconforming use means a use which was lawfully established prior to, and being conducted on, the effective date of the ordinance from which this chapter is derived and which does not conform to the requirements of the zoning district in which it is located.

Open space land means publicly or privately held property not used for buildings or structures, which may be undeveloped or developed for active or passive recreation or resource conservation.

Outdoor display/sale of merchandise means the permanent display and/or sale of merchandise or equipment outside of an enclosed building by the occupant of the primary building of the lot.

Outdoor fireplace means a self-contained device made of noncombustible materials used for the burning of wood outdoors for recreational and/or heating purposes.

Outdoor itinerant merchants means a person engaged, for no more than 100 days, in the business of selling or exhibiting goods, wares, merchandise or services from a stationery location that is on or within a vacant lot or structure.

Outdoor seating for restaurants means a dining area of designated size with seats or tables located outdoors of a contiguous restaurant. This seating may be in addition to the indoor seating area.

Outdoor storage, permanent means land uses primarily oriented to the receiving, holding, and shipping of packaged materials as an accessory use for a single business or a single group of businesses. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage land use. Examples of this land use include contractors' storage yards, equipment yards, lumber yards, coal yards, landscaping materials yard, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard.

Outline lighting means an arrangement of incandescent lamps or electric discharge tubing that outlines or calls attention to certain features of a building or sign including, but not limited to, its shape.

Owner means the titleholder of record or, if the title is held in a trust, the beneficiary of the trust.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Parking lot means public or private open areas other than a street or public right-of-way, used for the temporary storage (parking) of operable passenger automobiles and commercial vehicles, and available either for compensation, for free, or as an accommodation for clients, employees, visitors, guests, residents, or customers.

Parking structure/deck means and includes public or private buildings or portion thereof composed of one or more levels of floors used exclusively for the parking of motor vehicles, whether public or private. A parking structure may be totally below grade (as in an underground parking garage), or either partially or totally above grade with those levels being either open or enclosed.

Parking space means an area, enclosed or unenclosed, which dedicated for the parking of an individual motor vehicle and is accessible to and from a street, alley, aisle, or driveway, or other public right-of-way by a route that does not traverse any other parking space.

Party wall means a wall, which is common to, but divides, buildings. Such a wall contains no openings, passage or access and extends from its footing below finished grade to the underside of the roof sheathing.

Patio means an impervious surface at grade that is designed and intended for recreational use by people rather than as a parking space.

Pawn shop means an establishment primarily engaged in the business of lending money on the deposit or pledge of any article or jewelry or purchasing any article or jewelry with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price, and which is licensed as a pawnbroker by the state.

Performance standard means a criterion to all matters of general welfare, including, but not limited to, control, noise, appearance, traffic, general housekeeping, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.

Personal service means establishments which provide individual services on a frequent or recurrent basis to the consumer at the site of the business or which receives from/returns to the customer goods that have been treated or processed at another location. Personal services shall include, but shall not be limited to, chiropractic clinics, garment repair, tailor shops, and similar establishments.

Place of assembly, indoor commercial, means an enclosed building wherein individuals or groups of people gather for an attraction or service used for commercial purposes, such as but not limited to, recreation establishment, theaters, ice rinks, art galleries, live performance theaters, learning centers, clubs or lodges, exhibit halls and experiential retail where merchandise for sale is accessory to the principal use as a gathering place structured around an activity including, but not limited to, art, live music, or visual displays.

Place of assembly indoor non-commercial means a building wherein individuals or groups of people gather for an attraction or service not used for commercial purposes such as but not limited to, community centers, learning centers, clubs or lodges, exhibit halls, civic organizations, lodges, libraries, museums, municipal buildings, auditoriums, or religious institutions.

Place of assembly, outdoor commercial means premises wherein individuals or groups of people gather outside a building for an attraction or service used for commercial purposes, such as but not limited to, outdoor recreation establishment, miniature golf courses, and ice rinks.

Place of assembly, outdoor non-commercial means premises wherein individuals or groups of people gather outside a building for an attraction or service not used for commercial purposes such as but not limited to, community centers, fraternal or civic organizations.

Plat of survey means a scaled plan stamped by a licensed state surveyor, that delineates the form, size and location of a parcel of land, shows the shape, position and dimensions of all existing structures on the parcel, includes the names of adjoining streets and the location of the survey monuments or stakes, and contains the legal description of the parcel.

Play house means a freestanding structure, exclusively for the use of children, with a maximum height of 14 feet and an area not to exceed 144 square feet.

Porch means a structure that projects from the exterior wall of a building, has direct access to the street level of the building, and is covered by a roof or eaves.

Portable temporary storage container means a vessel, container, or unit owned, rented, or leased for the temporary storage of commercial, industrial, or residential household goods, that does not contain a foundation or wheels for movement. Examples of this use include POD-type boxes that can be transported on a flatbed or other truck; but do not include prefabricated sheds that are not designed for transport after erection, cargo containers or commercial trailers used by construction or other uses in the regular performance of their business.

Principal building means a building in which the principal use of the lot is conducted.

Printing and publishing means any printing, copying, blueprinting, or graphic design business using offset presses/duplicator, or high-speed copier/duplicators. Offset presses/duplicators shall be limited to a maximum printed sheet size of 12 inches by 18 inches.

Professional office means business uses, with little direct contact with customers present at the office, which is engaged in the processing, manipulation or application of business information or professional expertise. An office use is not materially involved in fabricating, assembling or warehousing of physical products for the retail or wholesale market, nor is an office engaged in the repair of products or retail services. This use shall include, but not be limited to, professional offices for nonprofit organizations, accounting, insurance, investment services, computer services, architecture, engineering, legal services, real estate services, and doctors' and dentists' offices, but not medical offices as defined in this chapter.

Public property means property owned by the federal government, the state, the county, a township, the village, a school or park district, or any other separate taxing body.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Reserved.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Recreational vehicle means and includes, but is not limited to, travel trailers, motor homes, camping trailers, hauling trailers, boats, all-terrain vehicles, jet skis, or other similar personal recreational vehicles. They may be towed by a car or a truck, carried by a pickup truck or self-propelled. The term shall not include manufactured homes.

Research and development means and includes facilities for basic and applied laboratory research or experimental study, testing or analysis in the natural sciences, including educational activities incidental or accessory to such research. The term "research and development " shall include, but not be limited to, biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transfers, and radiation research, but not facilities for the manufacture or sale of products, except those incidental to research activities.

Residential building means a building arranged, designed, used or intended to be used for residential occupancy by one or more households. Residential buildings include, but are not limited to, the following types: single-family detached dwellings, duplex dwellings, townhouses, and multiple-family dwellings.

Restaurant means an establishment at which food is sold for consumption on the premises to patrons seated within an enclosed building located on the premises.

Retail means the sale of goods, products, or materials directly to a consumer. This shall include, but not be limited to, establishments that sell appliances, books, clothing, computers, electronics, eyeglasses, floral arrangements, furniture, groceries or specialty foods, hardware, jewelry, leather goods, medical supplies, office supplies, pets, toys, and music sale. The term shall not include restaurants or personal service establishments.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Salon and spa establishments means any establishment where cosmetology services including hair care, nail care, and skin care are provided for compensation or access to saunas, steam baths, heated bathing rooms, and other amenities are provided for the purpose of bathing, cleaning, or relaxation.

Self-storage means enclosed storage facilities containing independent, fully enclosed bays that are leased to individuals exclusively for long-term storage of household goods or personal property.

Senior housing, dependent means housing/accommodations, other than a single-family dwelling, and services designed and staffed to provide housing and services along the continuum of an elderly person's needs, such as assistance for bathing, dressing, medication, meal preparation, or other functions. In addition to housing, this type of facility may also provide convenience services, such as meals, housekeeping, transportation, and community facilities, such as central dining rooms and activity rooms.

Senior housing, independent means a multi-family dwelling the occupancy of which is limited to persons who are 55 years of age or older (or if two persons occupy a unit, at least one shall be 55 years or older). The definition of the term "senior housing, independent" does not include group homes or senior housing, dependent as defined in this chapter.

Setback means a line on a lot that is parallel to the lot line at a distance from such lot line equal to the yard setback dimension specified in the regulation for the zoning district in which such lot is located.

Shed means an accessory structure used primarily for storage purposes.

Sign means a name, identification, description, display or illustration which is affixed to, or painted on, or represented directly, or indirectly, upon a building, structure or parcel of land and which directs attention to an object, product, place, activity, person, institution, organization or business. This definition of the term "sign" does not include such items excluded from the definition in chapter 30 of this Code.

Site plan means a plan, to scale, depicting the locations and dimensions of uses and structures proposed for a parcel of land, showing how the intended use relates to the surrounding area, streets, utilities, open space and major landscape features.

Solar energy collection system, canopy means a solar energy collection system consisting of elevated solar panels installed above parking lots, carports and other paved areas.

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

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

Specified anatomical areas means:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttock, or female breasts below a point immediately above the top of the areola.

(2)

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

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Actual, or simulated, acts of human masturbation, sexual intercourse, sodomy, bestiality, oral copulation or flagellation.

(3)

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

(4)

Excretory functions as part of, or in connection with, any of the activities set forth in this definition.

Sports courts means a detached improved surface designed and equipped for recreation, including, but not limited to: tennis, pickle ball, badminton, basketball, squash, handball, and hockey. A driveway or parking pad shall not be considered a sports court.

Story means the space in a building included between the surface of any floor and the surface of the floor next above or, if there is no floor above, the space between the floor and the ceiling or roof above it. A basement shall be counted as a story.

Street means a right-of-way not less than 24 feet wide, which affords the primary means of access to abutting property. Synonyms may include avenue, place, road, terrace, court, lane, or parkway.

Street, arterial means a street designated as a principal arterial in the comprehensive plan.

Street, collector means a street designated as a minor arterial in the comprehensive plan.

Street level means the story of a building that has its floor at the closest level to the street, with direct pedestrian access to that story from the outside.

Street, local means a street, which is not an arterial or collector street.

Structure means any improvement which requires at least semi-permanent location on the ground or attachment to a building having a permanent location on the ground. The term "structure" includes, but is not limited to, buildings, signs, and fences.

Structural alterations means any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or exterior walls which does not increase any exterior dimension.

Subdivision means the division of any tract or parcel of land into two or more lots or other divisions of land for the purpose of transfer of ownership or for building development, whether immediate or future. The definition of the term "subdivision" includes resubdivision, and lot consolidation.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023; Ord. No. MC-1075, § 2C., 5-9-2023)

Tattoo studio/body piercing facility means any place or premises, whether public or private, temporary or permanent in nature or location, where the practices of tattooing or body piercing, whether for profit or not for profit, are performed.

Temporary use means existing for a period of not more than six months.

Tent means a temporary structure or enclosure for the purpose of shelter or protection, the roof and sides of which are constructed of fabric or other pliable material.

Theater means an indoor commercial place of assembly where motion pictures or live performances are offered for public viewing, for admission where money is received.

Toxic substance means a substance (liquid, solid, or gaseous) which, by reason of an inherent deleterious property, can be injurious to living organisms of plants, animals or human beings.

Trailer means a wheeled vehicle that is designed or used to transport an apparatus, equipment, object, or series of objects and is drawn by another vehicle.

Transition zone means a strip of land with landscaping, fences or walls located between two uses, or between one use and a public right-of-way, that is intended to mitigate negative impacts, such as visual and noise, of the more intense use on the less intense use or on the public right-of-way.

Transportation station/terminal means and includes facilities or locations where the principal use is the handling, receiving, and transfer of passenger train or bus traffic, and may include charter businesses, accessory loading and unloading, and storing or transfer of freight and other equipment used to accomplish the foregoing activities.

Underlying zoning means a standard zoning district classification, which may be combined with an overlay district for the purpose of development regulation specificity. The underlying district regulations shall apply unless expressly superseded by an overlay district provision.

Use means the purpose or activity for which the land, structure or building is designed, arranged, intended, occupied or maintained.

Use, accessory means a subordinate use, which is clearly, and customarily incidental to the principal use of a building or premise, and which is located on the same lot as the principal building or use, except for such accessory parking facilities as are specifically authorized to be located elsewhere.

Use, limited means any use that is designed in this chapter as a limited use in the district in which it is located. Due to special characteristics limited uses require additional review and evaluation to be located property with respect to their effects on surrounding properties, but do not require the level of village discretion needed for a special use.

Use, permitted means any use that is designated in this chapter as a permitted use in the district in which it is located.

Use, principal means the main use of a given property, structure or building as distinguished from a subordinate or accessory use.

Use, special means those uses, which are generally compatible with the other land uses permitted in a zoning district but which, because of their unique characteristics or potential impacts on the neighborhood and the village, require individual consideration of their location, design, configuration, or operation at the particular location proposed.

Utility uses means facilities and structures necessary for the delivery of services including water, sanitary sewer, electricity, natural gas, and telecommunications. Utility uses may include employment facilities associated with the delivery of such services.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Variance means limited relief from the requirements of this chapter granted to a particular property with special circumstances where strict application of those requirements will create a practical difficulty or particular hardship prohibiting the use of land in a manner otherwise allowed under this chapter. Such limited relief does not change the underlying zoning of the parcel.

Veterinary clinic means an establishment for the care, observation, and treatment of small animals, including domestic pets undergoing veterinary treatment.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Warehouse, distribution means buildings or a portion of a site used for the storage or distribution of goods and merchandise to retailers, nonresidential users, or to other wholesalers. The term shall not include transportation stations/terminals or light manufacturing assembly, and fabrication, as defined in this chapter.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Reserved.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Yard means a required open, unoccupied space on a lot, unobstructed from the ground to the sky, except for those encroachments allowed under section 44-03-03.

Yard, established front, means on blocks located within R-1 or R-2, when the median depth of two or more front yards within 150 feet of the lot line of the subject lot is greater than the required front yard for that district, the subject lot shall provide a required front yard not less than such median depth, but in no case shall the required front yard exceed 60 feet.

Yard, exterior side means a yard extending along the side lot line adjoining a public street and located between the front and rear yards.

Yard, front means a yard extending from the front lot line to the front setback line. On corner lots and through lots, both street lot lines are considered front lot lines without regard to location of the main entrance of the principal building.

Yard, rear means a yard extending from the rear setback line to the rear lot line.

Yard, side means a yard extending along the side lot line to the side setback line and located between the front and rear yards.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

Zoning district means one of the districts into which this chapter has divided the village, as set forth on the zoning map.

Zoning map means the zoning map of the village adopted by the board of trustees, as well as any amendments adopted thereto.

Zoning map amendment means a procedure whereby the zoning district of a parcel or parcel(s) is changed on the Village of Homewood Zoning Map.

Zoning text amendment means a procedure whereby the text of a section or article of the zoning ordinance is changed. Zoning text amendments can include text additions or deletions or both.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)