Itasca City Zoning Code
§ 3.02
DEFINITIONS.
ACCESSORY BUILDING, STRUCTURE OR USE. An accessory building, structure, or use is one which:
1. Is subordinate to and serves a principal building or principal use; and
2. Is subordinate in building area, intensity of use, or purpose to the principal use served; and
3. Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
4. Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to be located elsewhere on the same zoning lot with the building or use served.
ADULT USES. Any commercial or recreational use which purveys, sells, offers for sale, exhibits or displays sexually orientated materials or entertainment, including, but not limited to, adult book stores, adult motion pictures theaters, adult mini-motion picture theaters, adult drive-in theaters, adult massage parlors, massage schools or services, adult escort services, adult modeling studios, adult art studios or galleries and eating and/or drinking establishments having sexual oriented performances.
Adult Bookstore: Adult bookstore means an establishment having more than twenty-five (25) percent of its stock and trade in books, films, video cassettes (whether for viewing off premises or on premises), or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.
Adult Cabaret: Adult cabaret means a cabaret, which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
Adult Entertainment: Adult entertainment means any exhibition or any adult-oriented motion pictures, live performance, display or dance of any type which has a significant or substantial portion of such performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical area, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal service offered to customers.
Adult Mini-Motion Picture Theater: Adult mini-motion picture theater means an enclosed building with a capacity of less than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities specified anatomical areas, ad defined herein, for observation by patrons thereof.
Adult Motion Picture Theater: Adult motion picture theater means an enclosed building with a capacity of fifty (50) or more persons regularly used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined therein, for observation by patrons therein.
Massage Parlor: An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the State. This definition does not include an athletic club, health club, school, gymnasium, or similar manipulation of the human body is offered as an incidental or accessory service.
Sexual Encounter Establishment: An establishment other than a hotel, motel, or similar establishment offering accommodations, which for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in sexual therapy.
Sexual Oriented Business: Sexually oriented business shall mean any premises to which the public patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments, or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or where an entertainer provides adult entertainment to a member of the public, a patron or member when such adult entertainment is held, conducted, operated, or maintained for a profit, direct or indirect. A sexually oriented business further includes, without being limited to, any adult bookstores, adult motion picture theaters, adult mini-motion picture establishments, adult cabaret, adult entertainment studio or any premises that is physically arranged and used as such, whether advertised or represented as an adult studio, sensitivity, modeling studio or any other term of like import.
Specified Anatomical Areas:
1. Less than complete and opaquely covered:
a. Human genitals, pubic region;
b. Buttocks and anus;
c. Female breasts below a point immediately above the top of the aureole.
2. Human male genitals in a discernibly turgid state even if completely or opaquely.
Specified Sexual Activities:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.
ALLEY. An alley is a dedicated minor public right-of-way, not more than twenty-four (24) feet in width, affording a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATION. Alteration shall mean any change in size, shape, character, occupancy, or use of a building or structure.
ALTERNATIVE TOWER STRUCTURE. Alternative tower structure means man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas and telecommunications towers.
AMUSEMENT MACHINES. Amusement machines are any mechanical, electronic, and/or coin operated games and/or devised for the amusement of patrons. This definition shall not be construed to include coin operated music players, coin operated mechanical kiddy rides, or coin operated television.
ANIMAL HOSPITAL. An animal hospital is any building or portion thereof designed or used for the care, observation or treatment or domestic animals.
ANTENNA. Antenna is any structure or device used to receive or radiate electromagnetic waves as defined by the FCC or any successor agency. Small wireless facilities, as defined and regulated by Chapter 57 (Small Wireless Facilities) of the Village Code shall not be included within this definition.
ANTENNA STRUCTURES. Antenna structures are those structures which include the radiating and/or receive system, its supporting structures (see Telecommunications Towers), and any appurtenance mounted thereon as defined by the FCC or any successor agency. Antenna structures erected or modified to support small wireless facilities (wireless support structures for small wireless facilities), as defined and regulated by Chapter 57 (Small Wireless Facilities) of the Village Code, shall not be included within this definition.
APARTMENT. (See Dwelling ).
APARTMENT HOTEL. (See Dwelling ).
ARCADE. An arcade is a continuous area at ground level, open to a street or plaza, which is open and unobstructed to a height of not less that twelve (12) feet, and which is accessible to the public at all times. Any portion of an arcade occupied by building columns, landscaping, statuary, or pools shall be considered to be a part of an arcade for the purpose of computing a floor area premium credit. The term arcade shall not include off-street loading areas, driveways, off-street parking areas, or pedestrian ways accessory thereto.
Arcade, Enclosed: An enclosed arcade is one with less than twenty-five (25) percent of its perimeter abutting a street or plaza.
Arcade, Entrance to: An entrance to an arcade is an opening in a building wall, or between building walls, side lot lines, or rear lot lines, at around level, unobstructed by any solid matter, but this shall not be construed to prohibit air curtains.
Arcade, Unenclosed: An unenclosed arcade is one with twenty-five (25) percent or more of its perimeter abutting a street or plaza.
AREA, GROSS. The gross area of a parcel or development is the total area, which excludes right-of-way already dedicated but includes other land uses and private streets.
AREA, NET. The net area of a parcel or development is the area of the actual tract of land upon which the buildings are proposed to be located. This area shall include the site for all principal and accessory building(s) and associated parking area, but does not include common open space or recreational facilities, or the vehicular circulation system, either private or public.
ATRIUM. An atrium is covered space which extends vertically two (2) or more stories through the building.
ATTIC. The space between the ceiling beams of the top habitable story and the roof rafters.
AUDITORIUM. Auditorium is a room, hall or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people as an audience to hear lectures, plays and other presentations.
AUTOMOBILE LAUNDRY (CAR WASH). An automobile laundry is a building, or portion thereof, containing facilities for washing motor vehicles, using automatic production-line methods and may have a chain conveyor, blower, steam cleaning device, or other mechanical devices.
AUTOMOBILE SERVICE STATION (GAS STATION). Any building or premises used for dispensing or offering for sale of automotive fuels or oils having pumps and fuel storage tanks; also, where battery, tire and other similar services are rendered, but only if rendered wholly within the building. When dispensing, selling, or offering for sale, of any fuels or oils incidental to the conduct of a public garage, the premises shall be classified as a public garage. Auto service stations shall not include the sales or storage (new or used) of automobiles, trailers, or other vehicles.
AUTOMOBILE WRECKING YARD. An automobile wrecking yard is any place where three (3) or more motor vehicles, not in running condition, or the parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for the wrecking or storing of such automobiles or the parts thereof.
AWNING. An awning shall include any structure made of cloth, metal or other materials with a rigid frame attached to a building and projecting over a thoroughfare when the same is so erected as to permit its being raised to a position flat against the building when not in use.
BACK HAUL NETWORK. Back haul network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
BANQUET HALL. Banquet hall is a building, or portion thereof, primarily intended to accommodate large groups of diners or patrons.
BASEMENT. A portion of a building located that is partly or completely below grade. If the floor of any basement is less than two feet, six inches (2'6") below such grade, or if the ceiling of such basement is more than five feet, zero inches (5'0") above such grade, the basement shall be counted as a story for the purpose of height regulations.
BLOCK. A block is a tract of land bounded by street rights-of-way, or by a combination of street rights-of-way and public parks, cemeteries, railroad and utility rights-of-way, bulkhead lines or shorelines of waterways, or corporate boundary lines.
BOARDING HOUSE. (See Lodging House ).
BUILDABLE AREA. Buildable area is that area remaining on a lot after all yard requirements have been complied with.
BUILDING. A building is any structure, with a permanent roof, separated on all sides from adjacent open space by exterior or party walls, built for support, shelter, or enclosure of persons, animals chattels or moveable property or any kind, and which is permanently affixed to the land acting as a subordinate station for the distribution of electric current of other utilities.
Building Accessory: (See Accessory Building, Structure or Use ).
Building, Completely Enclosed: A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and party wall, and by exterior walls pierced by only windows and normal entrance or exit doors.
Building, Detached: A detached building is one surrounded by open space on the same zoning lot.
BUILDING HEIGHT. Building height shall be measured as the vertical distance from established grade to the highest point of the building. In determining height limits, penthouses, roof tanks, bulkheads, chimneys, and similar roof structures shall not be included unless the aggregate of such structures exceed one-third (1/3) of the area of the roof or the building and provided the height of such structures is not more than fifteen (15) feet above the roof level. If a penthouse or any other structure provides for residential accommodations or commercial use in part or total, then such area providing for such use shall be included in the building height measurement.
BUILDING LINE. The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line. (See Setback Line).
BUILDING, STRUCTURE OR PRINCIPAL USE. A principal building, structure or use is the primary structure or building housing the use (permitted or special) permitted within the district, in contradiction to Accessory Building, Structure or Use.
BUILDING, TEMPORARY. A temporary building is a structure designed, built, erected, or occupied for short and/or intermittent periods of time and shall include tents, lunch wagons, dining cars, trailers, and other roofed structures on wheels or other supports, used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes. For the purpose of this definition, roof shall include an awning or other similar covering whether or not it is permanent in nature.
BULK. Bulk is the term used to determine the size and placement of buildings or structures; and the location of same with respect to one another, and includes the following:
a. Size and height of buildings;
b. Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings;
c. Gross floor area of buildings in relation to lot area (floor area ratio);
d. All open spaces allocated to buildings;
e. Amount of lot area and lot width provided per dwelling unit.
BUSINESS OR SERVICE. A business or service is any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials or where services are offered for compensation.
CANOPY. A canopy shall include any structure, other than an awning, made of cloth, metal, or other materials, with frames attached to a building, projected over a thoroughfare, and carried by a frame supported by the ground, sidewalk or building and not capable of being raised to a position flat against the building when not in use.
CARPORT. A carport is a roofed automobile shelter with two (2) or more open sides.
CAR WASH. (See Automobile Laundry ).
CELLAR. (See Basement ).
CEMETERY. A cemetery is a parcel of land or structure dedicated to and at least a portion of which is being used for the interment of human remains. A cemetery may include crematories, mausoleums, and columbariums.
CHILD CARE CENTER (DAY CARE CENTER). Childcare center is a day care center which receives preschool or school-aged children, or both, for short term or extended hours of care, or out of school hours, and which provide essential personal care, protection, supervision, training and programs to meet the needs of the children served. (See Nursery Schools ).
CLINIC. (See Health Care Facilities ).
CLUB OR LODGE (PRIVATE). Club or lodge, private, is a group or association of persons who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such private club or lodge are conducted by a Board of Directors, Executive Committee, or similar body chosen by the members or owners. It shall be permissible to serve food and meals on such premises, to members and their guests, provided adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such a sale of alcoholic beverages is in compliance with the applicable federal, state and municipal laws.
CLUSTERING (OF RESIDENCES). A clustering is a grouping of residential structures around courts, cul-de-sacs, or short streets more closely than in conventional residential plans, in order to preserve natural site amenities and open space.
COMMON CARRIER. Individual or organization holding itself out to the general public to provide motor vehicle or rail transportation of persons or property over regular routes and without right of refusal if the approved fare or charge is paid.
COMMUNITY CENTER. A community center is a building, together with lawful accessory buildings and uses, used for recreational or cultural activities and not operated for profit. Membership shall be restricted to persons living in a specific geographical area but shall not be based upon any other criteria.
Community Center, Theatrical: A theatrical community center is a building or portion thereof, used for a not-for-profit organization chartered by the State of Illinois, or local political jurisdiction, which has its purpose(s) the promotion, instruction, study, and production of theater art forms.
Community Recreational Facility: Community recreational facilities include swimming and/or other sport facilities, not operated for profit. Membership shall be restricted to persons living in a specific geographical area and shall not be based upon any other criteria.
COMPLETELY ENCLOSED STRUCTURE. A completely enclosed structure is a building enclosed by a permanent roof and by solid exterior walls pierced only by windows and customary entrance and exit doors.
COMPREHENSIVE PLAN. A comprehensive plan is a plan for the Village, including graphic and written proposals, indicating the general locations recommended for the streets, parks, schools, public buildings, land use areas, and all physical developments of the Village including any unit or part of such plan separately adopted, and any amendment to such plan and parts thereof, recommended by the Village Plan Commission (See Section 4.04.5.) and adopted by the Village Board of Trustees.
CONDOMINIUM. A condominium is a form of real estate ownership in which designated units, including volumes of space, are owned by individual owners who, by virtue of their unit ownership, have joint use of, interest in, and ownership of halls, entrance ways, service facilities, lands and such other improvements as may be included in the Condominium Declaration required by the Condominium Property Act of the State of Illinois.
CONTIGUOUS. Contiguous means in contact, adjoining, or touching another structure, property, or boundary as distinguished from being adjacent.
CONTRACTOR'S AND CONSTRUCTION OFFICES. A contractor's or construction office is any office or other place of business that is occupied by a person or entity engaged in the business of contracting with an owner of land to build, improve, alter, repair or ornament the land, or a structure thereon, through the furnishing of materials, fixtures, apparatus, machinery, labor or services.
COOPERATIVE. Cooperative is a mutual ownership of property by shareholders in which title to the land and building is held by a corporation.
CURB LEVEL. Curb level is the level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one (1) street, the curb level shall be the average of the levels of the curbs at the center of the front of each street. Where no curb level has been established, it shall be deemed to be the established level of the center line of the street surface in front of a building or structure measured at the enter line of such front.
DENSITY. The number of facilities, individuals, dwelling units, or housing buildings per unit of land.
DENSITY, GROSS. Gross density is the numerical value used as measurement for the general intensity of a residential development. Gross density is obtained by dividing the total number of dwelling units in a development by the gross area (in acres) within the development, the result being the number of swelling units per gross acre of land (See Floor Area Ratio - F.A.R. also).
DENSITY, NET. Net density is the numerical value used as a measurement for the specific intensity of that portion of a development upon which buildings are placed. Net density is obtained by dividing the total number of dwelling units in a development by the net area (in acres) within the development, the result being the number of dwelling units per net acre of land. (See Floor Area Ratio - F.A.R. also).
DETENTION BASIN. The detention basin is a covered or uncovered reservoir designed to temporarily hold an excessive accumulation of stormwater so as to reduce peak flow in a stormwater drainage system.
DEVELOPMENT. Development means any man-made change to real estate, including but not limited to land, buildings, or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
DEVELOPMENTALLY DISABLED PERSON. A developmentally disabled person is a person suffering from a developmentally disabling disease, including, but not limited to, mental retardation, epilepsy, autism, cerebral palsy, or dyslexia.
DISTRIBUTION. Distribution is the process by which commodities get to the consumer. Distribution shall not be interpreted as warehousing.
DISTRICT. A district is an area within (incorporated and/or unincorporated areas) which certain uniform regulations and requirements or various combinations thereof apply under the provision of this Ordinance.
DORMER. A projection from a sloping roof that contains a window.
DOWNTOWN DESIGN GUIDELINES. Detailed guidelines and specifications governing building architecture and improvements to public streetscapes within the Traditional Downtown area.
DRIVE-IN ESTABLISHMENT. A drive-in establishment is a place of business being operated for the sale and purchase, at retail, of food and other goods, services, or entertainment, which is designed and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles.
DRIVEWAY. A driveway is an accessway for motor vehicles from a street to an off-street building, facility, or a parking area.
DWELLING. A dwelling is a building, or portion thereof, designed or used exclusively for residential occupancy including single-family dwellings, two family dwellings, and multiple-family dwellings, but not including mobile homes, hotels, motels, rooming, boarding, or lodging houses.
Dwelling, Apartment: An apartment is a room, or suite of rooms, in a multiple-family building which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete bath (water closet, tub and/or shower and sink) and kitchen facilities (sink, stove, refrigerator, and storage facilities) permanently installed, must always be included for each separate apartment.
Dwelling, Apartment - Elderly: An apartment for the elderly is a room or suite of rooms in a multiple-family building which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen and bath facilities may or may not be included for each separate apartment.
Dwelling, Apartment - Hotel: An apartment hotel in which at least ninety (90) percent of the hotel accommodations are for occupancy by the permanent guest. An apartment hotel having not less than fifty (50) guestrooms, may have a dining room open to the public which is accessible only from an inner lobby or corridor.
DWELLING UNIT. A dwelling unit consists of one (1) or more rooms, which are arranged, designed or used as living quarters for one (1) family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall be included in each dwelling unit.
Dwelling Unit, Efficiency: An efficiency dwelling unit consists of one (1) principal room for living, sleeping, and eating plus facilities for cooking and complete bath and toilet facilities.
Dwelling Unit, Modular: A modular dwelling unit is a factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure that will be a finished building in a fixed location on a permanent foundation. The term is intended to apply to major assemblies, and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated sub-elements incorporated into a structure at the site. For the purpose of this Ordinance, a modular unit shall be deemed a Single Family Dwelling and shall not be deemed a Mobile Home.
Dwelling Unit, Multiple-Family: A multiple-family dwelling unit is a building or portion thereof, consisting of three (3) or more dwelling units which may have a common entrance. The definition of multiple-family dwelling unit may include, but shall not be limited to, the following terms: apartment, condominium, cooperative, quadrominimium, three-flat, and triplex.
Dwelling Unit, Single-Family - Detached: A single-family detached dwelling unit is building containing a single dwelling unit only, which is separated from all other dwelling units by open space on all sides.
Dwelling Unit, Single-Family - Attached (Group, Rowhouse, or Townhouse): An attached single-family dwelling is a building attached by common vertical side walls, without openings and two outside wall adjoining open space, consisting of not more than five (5) dwelling units with each dwelling unit having two (2) separate entrances at grade level. An attached single-family unit shall include the terms townhouse and rowhouse.
Dwelling, Semi-Detached: A two-family which is joined to one (1) other dwelling by a party wall.
Dwelling Unit, Two-Family: A two-family dwelling unit is a building consisting of two (2) dwelling units which may be either attached, side-by-side, or one (1) above the other, with each dwelling unit having a separate or combined entrance or entrances.
EASEMENT. An easement is an authorization or grant by a property owner for the use by another and for a specific purpose, or any designated part of this property.
EDUCATIONAL INSTITUTION, PRIVATE. A private educational institution is every private school or educational institution, however, designated, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten, or any combination thereof; but such term does not include:
a. Any institution which is under the supervisory jurisdiction of an established Illinois Public School District, or
b. Any activity offering instruction which is carried on by a single teacher, tutor, or instructor having a total enrollment of not more than eight (8) students, or
c. Any day care of foster home care having eight (8) children or less, under twelve (12) years of age, including all children of the operator's or owner's family, living on premises. No private educational institution shall be deemed a home occupation.
EXCAVATING - FILLING. Excavating - filling, shall mean any substantial changing of the grade or sub-grade of a tract of land by cutting, scraping, grading, trenching, digging, filling-in, or otherwise reshaping the natural contour of the ground. The following shall not be construed as excavating - filling:
a. Any cutting, grading, trenching, digging, or backfilling or any foundation of a building approved for construction.
b. Top dressing in area of existing homes, which top dressing does not change the drainage patterns.
FAA. FAA means the Federal Aviation Administration.
FCC. FCC means the Federal Communications Commission.
FAMILY. A family is one (1) or more persons related by blood, marriage, or adoption, or a group of not more than five (5) persons not so related maintaining a common household in a dwelling unit.
FAMILY CARE HOME FOR THE DEVELOPMENTALLY DISABLED. Is a dwelling for five (5) or fewer developmentally disabled person, in which the program's size and content are structured to meet the individual, social, habilitative, and respite needs of the persons residing therein, in a residential community setting. Prior to admitting residents, this dwelling shall comply with applicable licensing standards of the appropriate Federal, State, or local agencies, and may, in addition, house such minimum staff persons as may be required to meet the standards of the licensing agencies.
FENCE. A structure or natural growth, used as a boundary, screen, separation, means of privacy, protection on confinement: (See Section 4.20).
Fence, Natural: A natural fence is a fence of natural growth, such as trees, deciduous shrubs, evergreens, etc.
Fence, Open: A fence, including gates, where at least fifty percent (50%) of the face area of the fence consists of openings when viewed at right angles. The face area to determine this shall consist of a single panel of fence and the open area directly adjacent to it. All fence panels on an open fence shall be spaced an equal distance apart.
Fence, Semi-Solid: A fence, including gates, where less than fifty percent (50%) of the face area of the fences consists of openings when viewed at right angles. The face area to determine this shall consist of a single panel of fence and the open area directly adjacent to it. All fence panels on a semi-solid fence shall be spaced an equal distance apart.
Fence, Semi-Solid: A fence, including gates, where less than fifty percent (50%) of the face area of the fence consists of openings when viewed at right angles.
Fence, Solid: A fence, including gates, which conceals from view of adjoining properties, open storage of materials, and/or operations conducted behind the fenced area. A solid fence shall have no openings of the face area when viewed at right angles.
FESTIVAL. A festival is any fair, festival, or similar activity where patrons watch or participate in entertainment, including, but not limited to, music, shows, concerts, and revivals. For the purpose of this ordinance, a Carnival or Circus shall be deemed a festival.
FLASHPOINT. Flashpoint is the lowest temperature at which the vapor of a volatile liquid will ignite with a flash.
FLOOR AREA - BUILDING/STRUCTURES. For the purpose of determining the floor area ratio, maximum allowable floor area, conversions of existing structures and maximum size of business establishments. Floor area shall be defined as the sum of the horizontal area of floor space contained in all floors, including a basement floor only when having exposed exterior walls that extend more than an average of four (4) feet above grade, or as specified below; of a building or buildings on a zoning lot, measured in square feet from the exterior faces of the exterior walls of each building, or from the center line of party walls separating two buildings or area. Such floor area shall also include:
1. space devoted to elevator shafts and stairwells at each floor;
2. floor space used for mechanical equipment when the structural headroom exceeds seven feet, zero inches (7'0") in height, except equipment such as bulkheads, water tanks and cooling towers when located on the roof, whether or not such equipment is in the open or enclosed;
3. where any building consists of, or is devoted entirely to, the housing of mechanical or electrical equipment (commonly referred to as a public or private utility substation), the sum of the gross horizontal area of said building shall be its floor area;
4. interior space above any great room or open multistory element as measured on the plane of the floor of each full story;
5. floor space devoted to interior balconies, mezzanines and enclosed porches;
6. floor space devoted to accessory uses in the principal building and in any accessory building or buildings; and
7. floor space devoted to enclosed off-street parking and off-street loading.
FLOOR AREA - OFF STREET PARKING AND LOADING. For the purpose of determining off-street and off-street loading requirements only: the sum of the gross horizontal areas of the several floors of the building or portion thereof, devoted to such use requiring off-street parking and off-street loading. However, such floor area shall not include atriums, elevator shafts; floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; or basement floor area unless used for human occupancy or such area is devoted to retailing activities, to the production or processing of goods or business or professional offices, or uses, or for uses incidental to the principal use of the building, except as provided herein.
FLOOR AREA RATIO. The numerical value obtained through dividing the total floor area of a building or buildings by the gross lot area on which such building or buildings are located.
FRONTAGE. Frontage is all the property fronting on one (1) side of a street between the two (2) nearest intersecting streets, measured along the line of the street, or if dead ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.
GARAGE, PRIVATE. A private garage is an accessory building or an accessory portion of the principal building, or both, which is situated on the same lot as the principal building, intended and used to store motor vehicles designated to carry not more than ten (10) passengers. Such a garage may be used for the storage of not more than one (1) truck having a load capacity of greater than one (1) ton and shall not include facilities for service or repair of commercial or public vehicles. All temporary outdoor storage of motor vehicles, in other than residential districts, waiting to be repaired shall be screened by a solid wall or fence not less than six (6) feet in height.
GARAGE, PUBLIC - MAJOR REPAIR. First Division Motor Vehicles: A public garage - major repair shall include the repair of the complete line of First Division Motor Vehicles including the rebuilding of engines or major reconditioning or reconstruction of worn of damaged motor vehicles of parts thereof; body, frame or fender straightening or reconstruction and painting of vehicles or parts thereof. All temporary outdoor storage of motor vehicles waiting to be repaired shall be screened by a solid wall or fence not less than six (6) feet in height.
GARAGE, PUBLIC - MINOR REPAIR. First Division Motor Vehicles: A public garage - minor repair shall include incidental or minor repair, replacement of worn or damaged parts and minor motor or tune-up services, but not including any operation included within the definition of public garage, major repair (First Division Motor Vehicles). All temporary outdoor storage of motor vehicles waiting to be repaired shall be screened by a solid wall or fence not less than six (6) feet in height.
First and Second Division Motor Vehicles: A public garage - major repair - general; shall include all automotive services permitted under Public Garage - Major Repair, and shall include all classes of motor vehicles, trailers and recreational vehicles.
GARAGE, PUBLIC PARKING. A public parking garage is any structure intended to be used for the temporary, daily, or off-street parking of passenger vehicles and commercial vehicles under one and one-half (1-1/2) tons rated capacity and availability to the public, whether for compensation, free, or an accommodation to clients or customers.
GARAGE, STORAGE. A storage garage is any building used for the storage only of motor vehicles pursuant to previous arrangements and not to transients, and where not equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold.
GOLF COURSE. Public, semi-public or private golf courses are grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least sixty (60) acres for each standard nine-hole course and thirty (30) acres for nine-hole, par-3 course.
GRADE (FOR DETERMINATION OF BUILDING OR STRUCTURE HEIGHT). Grade is defined as follows:
1. As applied to a building ten feet, zero inches (10'0") or less from a street property line, grade shall be the established sidewalk elevation at the centerline of the street surface shall be used.
2. As applied to a building more than ten feet, zero inches (10'0") from a street property line, grade shall be the average finished ground elevations at the building walls.
3. As applied to a building facing two (2) streets having different elevations, grade shall be determined by the sidewalk elevation of where no sidewalk is established, the elevation at the center line at the street surface at the lower level street.
4. Buildings in the Business, Office Research, Regional Office Center and Manufacturing Districts, when adjacent to a residence district, the building height is to be measured from the average of the grade elevation at the property line adjoining the residence district.
GRADING. (See Excavating - Filling).
GUEST, PERMANENT. A permanent guest is a person who occupies or has the right to occupy a hotel or apartment hotel accommodation as his/her domicile and place of permanent residence.
HEALTH CLUB. Any establishment where members or nonmembers use equipment or space for the purpose of physical exercise.
HEALTHCARE FACILITIES (HEALTH CENTERS).
Clinic: A clinic is a building containing an association or group of physicians, dentists, clinical psychologists, and similar professional healthcare practitioners, including allied professional assistants who are assembled for the purpose of carrying on their professions. The healthcare facility may include apothecary, dental and medical laboratories, and/or x-ray facilities, but shall not include in-patient care and/or operating rooms for major surgery.
Hospital: A hospital is any institution, place, building, or agency, public or private, whether organized for profit, or not, devoted primarily to the maintenance and operation of facilities for the diagnosis and treatment or care of two (2) or more unrelated persons admitted for overnight stay or longer in order to obtain medical care, including obstetric, psychiatric, and nursing or care of illness, disease, injury, infirmity, or deformity.
The term hospital, without regard to length of stay, shall also include:
1. Any facility which is devoted primarily to providing psychiatric and related services and programs for the diagnosis and treatment or care of two (2) or more unrelated persons suffering from emotional or nervous disease; and
2. All places where pregnant women are received, cared for, or treated during delivery irrespective of the number of patients received.
The term hospital includes general and specialized hospitals, tuberculosis sanitaria, mental or physical hospitals and sanitaria, and includes maternity homes, lying-in-homes, and homes for unwed mothers in which aid is given during delivery.
HEIGHT. Height means when referring to a Telecommunications Tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the Telecommunications Tower or other structure, including the base pad and Antenna Structures.
HOME OCCUPATION. Home occupation is any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling, where such home occupation is incidental and secondary to the use of the dwelling for dwelling purposes. (See Section 4.07).
HOTEL. A hotel is a building which is used as a temporary abiding place, by transient guests, for remuneration, with or without meals, containing five (5) or more guests rooms or suites where no provision for cooking is made in any individual guest room or suite, and which may provide maid, butler and linen service.
HOTEL - EXTENDED STAY. An extended stay hotel is a building which is used as a temporary abiding place for transient guests, for remuneration, with or without meals, containing five (5) or more guest or suites where provisions for cooking may be made in any individual guest room or suite, and which may provide maid, butler and linen service for a non-permanent guest when recommended by the Plan Commission (see Section 4.04.5.) and approved by the Village Board as a special use where the time limit for a transient guest is extended to no more than 120 days through such special use (see definition - transient guest ).
JUNK YARD. An open area where waste, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A junkyard includes an auto-wrecking yard, but does not include such uses as are conducted entirely within enclosed buildings.
KENNEL. A kennel is any premises, or portion thereof, in which three (3) or more dogs, cats, or other household domestic animals over four (4) months of age, or any combination thereof, are kept or where more than two (2) such animals are maintained, boarded, bred, or cared for in return for remuneration, or are kept for the purpose of sale.
LAUNDERETTE. A launderette is a business that provides coin-operated, self-service type washing, drying, dry-cleaning, and ironing facilities, provided that:
1. Not more than four (4) persons, including owners, are employed on the premises; and
2. No pick-up or delivery service is maintained.
LODGING HOUSE. A lodging house is a residential building, or portion thereof, other (including boarding than a motel or hotel, containing lodging rooms which & rooming house) accommodate persons who are not members of the keeper's family. Lodging with or without meals is provided for compensation on a weekly or monthly basis.
LODGING ROOM. A lodging room is a room rented as sleeping and living quarters but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall count as one (1) lodging room.
LOT. Lot is a parcel of land, which is either a Lot of Record or a Zoning Lot.
Lot of Record: Lot of record is a lot which is part of a subdivision, the plat of which has been recorded in the Office of the Recorder of Deeds of the County; or a parcel of land, the deed to which was recorded in the Office of said Recorder of Deeds pursuant to the ILCS Ch. 765, Act 205, 1.
Lot, Corner: A corner lot is one (1) situated at the intersection of two (2) or more streets, where the interior angle of such intersection coterminous with the right-of-way lines of such streets does not exceed one hundred thirty-five (135) degrees (See illustrations).
Lot, Interior: An interior lot is any lot other than a corner lot.
Lot, Reversed Corner: A reversed corner lot, the rear of which abuts upon either side of another lot, whether across an alley or not.
Lot, Through: A through lot is any interior lot, which has a pair of opposite lot lines along two (2) substantially parallel streets. (See illustrations).
Lot, Zoning: A zoning lot is a single tract of land, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control, and meets the requirements of a buildable lot as specified herein, therefore, a zoning lot or lots may or may not coincide with a lot of record. A parcel of land may not be declared to be a zoning lot where such zoning lot crosses zoning district boundary lines.
LOT AREA. Lot area, except as hereinafter provided within specific zoning districts, the area of a lot shall be the area of a horizontal plane bounded by the lot lines.
LOT COVERAGE. Lot coverage is that portion or percentage of a lot permitted to be covered by buildings or structures.
LOT DEPTH. Lot depth is the mean horizontal distance between the front lot line and the rear lot line, measured within the boundaries (See Illustrations).
LOT LINE. 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 to be the street or alley right-of-way lines.
LOT LINE, FRONT. That boundary line of a lot which is along an existing or dedicated street lot line and which is established by the owner as a front lot line. On corner lots, the owner may select either street lot line as the front line.
LOT LINE, REAR. That boundary of a lot which is most distant from, and is, or is approximately, parallel to the front lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms to a point at the rear, the rear lot line shall be deemed to be line ten (10) feet in length with the lot, parallel to and at the maximum distance from the lot line. (See Illustrations).
LOT, RESERVE (FLAG LOT). A buildable lot where access is obtained by way of a narrow strip of land (reserve strip) from a dedicated street only, where each lot shall contain a minimum of one (1) acre exclusive of the portion of the lot used as the reserve strip, except where a specific zoning district requires more than one (1) acre of land. The minimum width of the reserve strip shall be not less than thirty-four (34) feet.
LOT LINE, SIDE. Any boundary of a lot which is not a front or rear lot line.
LOT WIDTH. The minimum horizontal distance measured anywhere within the buildable area. (See illustration and Section 3.02 Definition of buildable area).
MARQUEE. A marquee shall include any hood or awning of permanent construction projecting from the wall of a building above an entrance and/or extending over a thoroughfare.
MEDICAL MARIJUANA CULTIVATION CENTER. A facility authorized by Illinois law and registered with the Illinois Department of Agriculture to grow and cultivate cannabis for medical purposes in accordance with all State Statutes and Regulations.
MEDICAL MARIJUANA DISPENSARY. A facility authorized by Illinois law and registered with the Illinois Department of Financial and Professional Regulation to dispense cannabis for medicinal purposes in accordance with all State Statutes and Regulations.
MINI-WAREHOUSE. A building containing separate storage areas of varying sizes which are leased or rented on an individual basis.
MOTEL. A motel is a series of attached, semi-attached or detached guest rooms or suites for the accommodation primarily of automobile transient guests which does not include individual cooking or kitchen facilities and which provides the unit with convenient access to off-street parking spaces for the exclusive use of the guests or occupants of the premises.
MOTOR FREIGHT TERMINAL. A building and premise in which freight, brought by motor truck or railroad, is received, sorted, and/or stored for routing for local, intrastate and/or interstate shipment by common carrier. Stored freight shall not be interpreted as operating a warehouse. (See Section 3.02, Common Carrier).
MOTOR VEHICLE. A motor vehicle is every vehicle which is self-propelled and which vehicle is capable of being licensed for operation upon the streets and highways of the State of Illinois. For this Ordinance, motor vehicles are divided into two (2) divisions.
First Division: Those motor vehicles which are designed for the carrying of not more than ten (10) persons and all vehicles having gross vehicle weight rating (GVW) of 6,000 pounds or less.
Second Division: Those motor vehicles which are designed for carrying more than ten (10) persons, those designed or used for living quarters and those motor vehicles which are designed for pulling or carrying freight or cargo, and those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division.
Vehicle Abandoned: Abandoned vehicles are all vehicles in a state of disrepair rendering the vehicle incapable of being driven in its condition; or any other vehicle that has not been moved or used for seven (7) consecutive days or more, and is apparently deserted or a vehicle which is not properly displaying license plates and/or a vehicle sticker.
Vehicle Antique: An antique vehicle is a motor vehicle that is more than twenty-five (25) years of age which is driven on the highways only going to and returning from an antique auto show or exhibition, for servicing or demonstration, or a fire-fighting vehicle more than twenty (20) years old which is not used a fire-fighting equipment but is used only for the purpose of exhibition or demonstration.
Vehicle, Commercial: A commercial vehicle is any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, and all vehicles displaying commercial advertising or commercial name.
Vehicle, Motorcycle: A motorcycle is every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor.
Vehicle, Motor Driven Cycle: A motor driven cycle is every motorcycle and every motor scooter with less than one hundred fifty (150) cubic centimeter piston displacement including motorized pedal cycles.
Vehicle, Motorized Pedal Cycle: A motorized pedal cycle is a bicycle type vehicle which has tires with an overall inflated diameter of nineteen (19) inches or more, with fully operative pedals for propulsion by human power equipped with a power drive system that functions directly or automatically only and not requiring clutching or shifting by the operator after the drive system is engaged, and a helper motor with a cylinder capacity not exceeding fifty (50) cubic centimeter displacement, which produces no more than two point zero (2.0) brake horsepower, and is capable of propelling the vehicle at a maximum speed of no more than thirty (30) m.p.h. on level ground.
Vehicle, Recreational: (See Recreational Vehicle).
MOVING AND STORAGE BUILDING. A building in which household goods and similar materials brought by motor truck are received and stored for future recall. Stored freight and household goods shall not be interpreted as operating a warehouse.
NO-IMPACT ANTENNAS. No-Impact Antennas means Antennas that are placed on a building or other exiting structure and meet any one of the following conditions: (1) are screened, placed behind louvers or in a steeple, or otherwise made virtually invisible to a casual observer from the ground level; (2) are painted or otherwise camouflaged so as to be nor more obtrusive than the building or structure on which they are paced when viewed by a casual observer from the ground level; or (3) are whip-shaped, stick, shaped, or cylindrically-shaped and are no more than five (5) feet in Height (such Height shall not include the Height of the building or any penthouse on which the Antennas may be placed, and if the Antenna Structure is partially obscured by a parapet, the Antennas will be considered No-Impact so long as they do not extend more than five (5) feet above the parapet).
NO-IMPACT TOWER. No-Impact Tower means a Telecommunications Tower that meets any one of the following conditions: (1) is a replacement of an existing structure, such as an athletic field light standard; (2) is so camouflaged that a casual observer would not recognize the telecommunications purpose of the No-Impact Tower; or (3) is disguised as a bell tower, steeple, or similar architectural element designed to blend or coordinate with surrounding structures.
NON-CONFORMING BUILDING OR STRUCTURE. Non-conforming building or structure is any building or structure or portion thereof where the use of which is not permitted in the zoning district in which the building or structure is located, but which conformed with all codes, ordinances, and other legal requirements applicable at the time such building or structure was established.
NON-CONFORMING LOT. A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of the Zoning Ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the Zoning District.
NON-CONFORMING USE. Non-conforming use is any use of land, buildings, or structures or portion thereof where the use of which is not permitted in the zoning district in which the use is located, but which use conformed with all of the codes, ordinances, and other legal requirements applicable at the time such use was established.
NOT-FOR-PROFIT or NOT-FOR-PROFIT CORP. Not-for-profit, or not-for-profit corporation is any corporation chartered as such by the State of Illinois; no part of its income of which is distributable to its members, directors, or officers; provided, however, that the payment of reasonable compensation for services rendered and the making of distributions upon dissolution or final liquidation, as permitted by the Corporation Act of the Illinois Compiled Statutes, shall not be deemed a distribution of income.
NOTICE, LEGAL PUBLICATION. Notice, legal publication, shall be in compliance with ILCS Ch. 715, Notices.
NOXIOUS MATTER. Material which is capable of causing injury or malaise to living organisms or property by biological or chemical activity and is capable of causing detrimental effects upon the health or the psychological, social, or economic well-being of human beings.
NURSERY SCHOOLS. Nursery schools mean day care centers which receive children between the ages of two (2) and six (6) years and which are established and professionally operated primarily for educational purposes to meet the development needs of the children served. (See Child Care Center).
NURSING HOME. An establishment for the care of children or the aged or infirm. Such a home does not contain equipment for medical and surgical care or for the treatment of disease or injury nor does it prove care for maternity or mental illness.
OCTAVE BAND. A term denoting all frequencies between any given frequency and double that frequency.
OCTAVE BAND FILTER. An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals. (American Standard or Sound-Level Meters, A.S.S. No. 224-3-1944) or as required under subsequent amended regulation.
OFFICE. A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government.
OFFICE, PROFESSIONAL. Professional office is an office of recognized profession such as but not limited to architects, attorneys, engineers, doctors, etc., maintained for the conduct of that profession but not including clinics or hospitals.
OFF-STREET LOADING & UNLOADING SPACE OR BERTH. Off-street loading and unloading space or berth is a hardsurfaced area of land other than a street, the principal use of which is for loading and unloading of goods or materials from motor vehicles and trailers, to avoid undue interference with streets, alleys, and access drives. Such space shall comply with Section 12.00 of this Ordinance.
OFF-STREET PARKING SPACE. Off-street parking space is a space within a public or private parking area in compliance with the requirements set forth in Section 12.00 in this Ordinance.
OPEN SALES LOT. Open sales lot is a lot or parcel of land used or occupied for the purpose of buying, selling, rental, or trading of all goods and commodities and including the storage of same prior to rental, sale, or exchange.
OPEN SPACE.
1. Public Open Space: Public open spaces are areas permanently reserved for open space purposes which are owned, operated, and maintained by a local political jurisdiction with no limitations on access or use.
2. Private Open Space: Private open spaces are areas reserved by the owners' choice, which are under private ownership and management and which have some limitations on access or use and are not controlled by public entities.
3. Planned Residential Open Space:
a. Private Open Space: Private open space is a parcel of land located immediately adjacent to an individual dwelling unit, owned and maintained by its resident(s), and reserved exclusively for their use.
b. Common Open Space: Common open space is a parcel or parcels of land exclusively of permanent buildings or structures, reserved primarily for the leisure and active recreational use of a planned residential development, residents and owners, operated, and maintained by such residents/owners as an undivided portion of such land, or where such land is in common ownership, generally through a homeowners association.
PARKING AREA, PRIVATE. Parking area, private, is an open, hard-surfaced area, other than a street, designed, arranged, and made available for the storage of private passenger automobiles or other vehicles as specifically provided for in this Ordinance for occupants of the building or buildings for which the parking area is accessory thereto. Parking area, private, shall comply with requirements of Section 12.00 of this Ordinance.
PARKING AREA, PUBLIC. Parking area, public, is an open, hard-surfaced area, other than a street, intended to be used for the temporary, daily, off-street parking of passenger automobiles and commercial vehicles and available to the public whether for compensation, free, or as an accommodation to clients or customers. Commercial vehicles shall be limited to those vehicles rated at one (1) ton or less, and shall not include any combination of a trailer or a semi-trailer.
PARKING AREA, TRUCK. A truck parking area is any land used or intended to be used for the storage and parking of trucks, trailers, or tractors, and which includes commercial vehicles, loading or unloading.
PARKWAY. That part of the public street right-of-way not occupied by the street pavement and located between the back of the curb or edge of street pavement and the sidewalk or property line as well as the dividing strip of a roadway.
PARTICULATE MATTER. Matter which is suspended in or discharged into the atmosphere in a finely divided from as a liquid or solid at atmospheric temperature and pressure.
PARTY WALL. A wall starting from the foundation and extending continuously through all stories to or above the roof without openings which separate one (1) building or tenant from another, and is in joint use by each building or tenant.
PERFORMANCE STANDARD. A criteria to control noise, odor, smoke, toxic, or noxious matter, vibration, fire, and explosive hazards, glare, or heat generated by or inherent in uses of land or buildings.
PERMEABLE PAVERS. Paver systems that allow for stormwater volume control only as approved by the DuPage County Best Management Practices or by best standard practices as approved by the Village Engineer.
PERSON. Person means any individual, partnership, corporation, association, proprietorship, or other legal entity.
PERSONAL WATERCRAFT. A vessel that uses an inboard motor powering a water jet pump as its primary source of motor power and that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel, and includes vessels that are similar in appearance and operation but are powered by an outboard or propeller drive motor.
PERSONAL WIRELESS FACILITY. Personal Wireless Facility is any facility for the provision of Personal Wireless Services as defined by the FCC or any successor agency.
PERSONAL WIRELESS SERVICES. Personal Wireless Services are commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by the FCC or any successor agency.
PLANNED DEVELOPMENT. Planned development means a parcel of land or contiguous parcels of land of a size sufficient to create its own character, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the character of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located; the developer or developers may be granted relief from specific land-use regulations and design standards and may be awarded certain premiums in return for assurances of an over all quality of development, including any specific feature which will be of exceptional benefit to the Village as a whole and which would not otherwise be required by the Zoning Ordinance. The area of a planned development shall remain under one (1) ownership or unified control unless safeguards are provided that, in the opinion of the Plan Commission (See Section 4.04.5.) and Board of Trustees of the Village of Itasca, will provide for the continuation of the original planned development concept.
PLAZA. A plaza is an open area at a level accessible to the public at all times, and which is unobstructed from its lowest level to the sky. Any portion of a plaza occupied by landscaping, statuary, pools, and open recreation facilities shall be considered to be a part of the plaza for the purpose of computing a floor area premium credit. The term plaza shall not include off-street loading areas, driveways, off-street parking areas, or pedestrian ways accessory thereto.
Plaza Enclosed: An enclosed plaza is one with less than twenty-five (25) percent of its perimeter abutting a street or plaza.
Plaza, Unenclosed: An unenclosed plaza is one with twenty-five (25) percent or more of its perimeter abutting a street or plaza.
PORCH. A roofed open area, which may be screened, attached to a part of and with direct access to or from a building.
PORTABLE STORAGE CONTAINERS. A transportable, fully enclosed, box-like receptacle or container that is designed and used for the temporary storage or shipment of household goods, wares, materials, and/or equipment. Such containers are uniquely designed for their ease of loading to and from a transport vehicle.
RECREATIONAL CENTER. A recreational center is a building, buildings, or use of land operated on a profit basis, with or without membership requirements for the provision of entertainment, sport, or health activities delivered directly to the consumer; including but not limited to a skating rink, bowling alley, pool hall, racquet club, swim club, health club, indoor golf center, or indoor archery, pistol, or rifle range. Accessory sales of related sporting goods may occupy not more than ten (10) percent of the total floor area. Recreational areas shall not include Teen Recreational and Dance Centers.
RECREATIONAL VEHICLE. A recreational vehicle is every vehicle originally designed or permanently converted and used for living quarters or for human habitation and not used as a commercial vehicle, including but not limited to any camper, house car, house trailer, or private living coach.
RECYCLING CENTER. A lot or parcel of land, with or without buildings, upon which used materials are separated and/or processed for shipment for eventual reuse or conversion into new products.
RECYCLING PLANT. A facility in which recyclables such as newspapers, magazines, books, and other paper products; glass, metal, cans; plastics, and other products are recycled, reprocessed and/or treated to return such products to a condition in which they may again be used in new products.
REFUSE. Refuse is all waste products resulting from human habitation, except sewage.
RELIGIOUS INSTITUTION. Religious institution means a building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
RESEARCH LABORATORY. A building, or group of buildings, in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities principally for the manufacture or sale of products.
RESIDENTIAL VEHICLE. (See definition of Motor Vehicle - First Division).
RESTAURANT. A restaurant is a retail establishment engaged primarily in the sale of prepared food and/or drinks of any kind for consumption therein; provided, however, that a drive-in restaurant shall not be considered a restaurant within the concept of this definition.
RESTAURANT DRIVE-IN. A drive-in restaurant is a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a portion of the consumption takes place or is designed to take place outside of the confines of the building.
RETAIL. Retail refers to the sale of commodities directly to customers when such commodities are used or consumed by the customer and not purchased primarily for the purpose of resale.
RETENTION. A wet bottom stormwater storage area that is designed to be maintained with free water surface or pond.
RIGHT-OF-WAY. Right-of-way is a strip of land dedicated to the public and occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The use of the term right-of-way for land platting purposes in the Village of Itasca shall mean every right-of-way hereinafter established and shown on a Final Plat which is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included with the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the make of the Plat on which such right-of-way is established.
RINGLEMANN CHART. A chart which is described in the U.S. Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of gray for use in estimating the light- obscuring capacity of smoke.
RINGLEMANN NUMBER. The number of the area on the Ringlemann Chart that coincides most nearly with the light-obscuring capacity of smoke.
SANITARY LANDFILL. A sanitary landfill shall mean any site used for the disposal of refuse from (a) more than one (1) residential premises, or (b) one (1) or more commercial, industrial manufacturing or municipal operations, where refuse is disposed of without creating nuisances or hazards to the public health or safety by confining refuse to the smallest practical area by employing approved power equipment, and covering with a layer of compacted earth or suitable cover material at the conclusion of each day's operation.
SCHOOL, TECHNICAL. A specialized instruction establishment providing on-site training of business, commercial, and/or trade skills such as accounting, data processing, and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the zone.
SETBACK. The minimum horizontal distance between a right-of-way line and the nearest wall in a building or side of a structure facing such street line or edge of the area of operation of a principal use when no building or structure is involved.
SIDEWALK. A paved surface or leveled areas generally paralleling and usually separated from the street used as a pedestrian walkway.
SIDEWALK LEVEL. Sidewalk level is the level of the established sidewalk in front of the building measured at the center of such front. Where a building faces on more than one (1) street, the sidewalk level shall be the average of the levels of the sidewalk at the center of the front of each street. Where no sidewalk level has been established, it shall be deemed to be the established level of the center line of the street surface in front of a building or structure measured at the center line of such front.
SIGN. A name, identification, description, display or illustration which is affixed to or represented directly or indirectly upon a building or other outdoor surface or piece of land; and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a sign shall not include the following:
1. any display of an official court or official public notices;
2. the flag emblem or insignia of a nation, political unit or school;
3. a sign located completely within an enclosed building, unless the context is intended to be viewed from a street.
Banner: A banner is a flag, pennant, ribbon, streamers, bunting, valance of similar items and any emblem, insignia, coat of arms, logo of a corporation, company, or religious group made of fabric or flexible material, including plain or blank fabric, with or without enclosing framework. Such banner shall be classified as a sign for the purpose of this Ordinance, except as provided in (b) above.
Street, Banner: All banner signs which are placed over or across any street or public way shall be hung to withstand a horizontal wind pressure of thirty-five (35) pounds per square foot. No such banner sign shall be erected over or across any street or public way without the permission of the Village Board and shall meet the requirements specified for temporary signs.
SIGN, DYNAMIC DISPLAY. Any sign that appears to have movement or appears to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a sign that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any sign that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays.
SIGN, ENTRANCE. A sign located on the premises and located immediately above or adjacent to such entrances where such sign is not above the first floor and does not exceed twelve (12) square feet in area.
SIGN, FLASHING. Any illuminated sign on which any artificial light is not maintained stationary or constant in intensity and color, at all times, when such is in use. For the purpose of this Ordinance, any moving sign shall be considered a flashing sign.
SIGN, GROSS SURFACE AREA OF. The entire area within a single continuous perimeter, enclosing the extreme limits of a sign. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. If a sign has two faces that are parallel, not more than two feet apart, and supported by the same pole[s] or structure[s], the gross surface area of the sign is one-half the area of the two faces.
SIGN, GROUND(MONUMENT). A sign other than a pole sign, placed upon or supported by the ground independent of any other structure, where the entire bottom of the sign is in contact with, or in close proximity to, the ground.
SIGN, INFLATABLE (INFLATABLE DEVICE). A portable device that is supported primarily by compressed air or other gases. Such devices may be sealed from escaping or may be maintained in an inflatable condition by means of a fan or blower, which is designed to maintain air pressure inside the device which is greater than the atmospheric pressure outside the device.
SIGN, LANTERN - POST. A lantern post sign is a pole type sign including an electric lantern light on which a sign may be attached.
SIGN, OFF-PREMISES. A sign, display, device, notice, figure, painting, drawing, message, placard, poster, billboard or other thing which is visible from a street and which products or services not sold or offered on the land or in the structure upon which the sign is attached.
SIGN, POLE. A pole sign is a sign mounted on a free standing pole or other support so that the bottom edge of the sign face is not less than eight (8) feet above grade.
SIGN, PORTABLE. A freestanding sign that is not permanently anchored or secured to either a building or the ground.
SIGN, PROJECTING. A projecting sign shall include any sign which is attached to a building or other structure and extends more than eighteen (18) inches beyond the building.
SIGN, PYLON. A pylon sign is a sign mounted on a tower-like structure or free standing pole.
SIGN, TEMPORARY. A temporary sign shall include any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board or other light materials, with or without frames, intended to be displayed for a limited period of time.
SIGN, WALL. A wall sign shall include all flat signs of solid face construction which are affixed flush against a building or other structure and attached to the exterior front, rear, or side wall of any building or structure.
SIGN, WINDOW (WINDOW DISPLAY). A window sign or display shall include any sign or display, attached to the inside or outside of a window. All signs similar in nature to the aforementioned signs, shall be classified as signs for the purpose of this Ordinance and subject to all provisions contained therein.
SIGN, ZONING DISTRICT. Signs denoting or identifying an entire manufacturing district, planned development, subdivision or office park may be permitted, notwithstanding any other contrary provision of this Ordinance provided:
1. The sign denotes or identifies an entire zoning district or contiguous area.
2. The sign shall be a ground sign only and shall not exceed fifty (50) square feet of surface area.
3. Plans and specification shall be submitted with the application for sign permit, showing distances from all streets, sidewalks, residences, sign design, landscaping (if any), intended lighting (if any) and any other necessary information.
4. The Board of Trustees shall approve same, and authorize the Building Department to issue sign permit.
SMALL WIRELESS FACILITY. See definition in § 57.03 of the Village Code.
SNOWMOBILE. A self-propelled device designed for travel on snow or ice or natural terrain steered by skis or runners, and supported in part by skis, belts, or cleats.
SPECIALTY PROPCRAFT. A vessel that is similar in appearance and operation to a personal watercraft but that is powered by an outboard or propeller driven motor.
STABLE, PRIVATE. A private stable is any accessory structure which provides shelter for equine, for the exclusive use of the occupants of the premises, but in no event is rented to the public.
STORAGE. Storage is a space or area in the same building as the principal use for the storing of goods or merchandise which are distributed or utilized on the premises.
STORY. Story is that portion of a building included between the surface of any floor and surface of the floor next above it, or if there is not a floor above, the space between and the ceiling next above it and in the case of a split level story, the surface of the floors at different elevations and the ceilings next above such floors, provided that there is more than four (4) feet difference in elevation between the levels of the floors of such a story. A basement shall be counted as a story for the purposes of this Ordinance as provided under the definition of basement.
STORY, HALF. Half-story is that portion of a building or structure under a gable, hip or mansard roof, the wall plates of which on at least two (2) opposite exterior walls are not more that four and one-half (4-1/2) feet above the finished floor of each story.
STREET. A street is a primary means of vehicular access to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, except driveways to buildings, whether in public or private ownership.
1. Arterial Street: An arterial street is a major or minor street of greater continuity which is intended to serve as a large volume traffic-way for both immediate area and regions beyond, and may be designated on the Village's Comprehensive Plan, as amended, as a principal or minor arterial, parkway, tollway, freeway, expressway, or equivalent term to identify those streets comprising the basic structure of the street plan.
2. Collector Street: A collector street is a secondary street used primarily to carry traffic from minor streets to arterial streets.
3. Minor Street: A minor street is a street of limited continuity used primarily for access to abutting residential properties.
4. Frontage Road: A frontage road is a minor street paralleling, adjacent and often within the right-of-way of an arterial street which provides access to local street systems and protection from through traffic.
5. Other Streets:
a. Cul-de-Sac Street is a minor street of short length, having one (1) end open to traffic and being permanently terminated at the at the other end by vehicular turnaround.
b. Private Street is an undedicated street which is privately owned and maintained, or an easement of access benefitting a dominant tenant.
STRUCTURAL ALTERATION. Structural alteration is any change to supporting members of a building such as the addition, removal or alteration of bearing walls, columns, beams, girders, or foundations, or any substantial change in the roof or exterior walls except such repairs or replacement or existing members as may be necessary for the safety of the building.
STRUCTURE. Structure is anything constructed or erected which required location on the ground or is attached to something having location on the ground, including a fence or free-standing wall. A tower, pole, equipment, antenna and a sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.
Structure, Detached: A detached structure is any structure having no party wall or common wall with other structure. Bridges, tunnels, breezeways, and other similar means of connecting one (1) structure to another shall not, for the purposes of this Ordinance, be considered to constitute a party wall or a common wall.
Structure, Temporary: Except as hereinafter provided, a temporary structure is a structure designed for a limited period of time or tenure on a zoning lot. A sign, billboard or other advertising device detached or projecting shall not be constructed to be a temporary structure.
SWIMMING POOL, PERMANENT. A permanent swimming pool is built above or below grade which may have a foundation and cannot be readily disassembled.
SWIMMING POOL, PORTABLE. A portable swimming pool is maintained above grade which can readily be disassembled and stored and which has a capacity of one thousand (1,000) gallons of water or greater. For the purpose of this Ordinance, a portable swimming pool is presumed to require re-erection each year.
SWIMMING POOL, PRIVATE (SINGLE-USE). A private swimming pool, single-use, is a swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained by an individual for the sole use of a family and guests, without charge for admission, and not for the purpose of profit in connection with any business operated for profit, located on a lot as an accessory use to a residence.
SWIMMING POOL, PUBLIC. A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a municipality or other unit of government for the general public, whether or not an admission fee is charged.
SWIMMING POOL, QUASI PUBLIC. A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a hotel or motel for the exclusive use by the room occupants and their guests.
TAVERN OR LOUNGE. A tavern or lounge is a building, or portion thereof, where liquors are sold to be consumed on the premises but not including restaurants where the principal business is serving food.
TEENAGE RECREATION AND DANCE CENTER. A building designed and equipped for the conduct for teenage activities such as but not limited to dancing, sports and other customary and usual recreational activities where no alcoholic beverages are sold or dispensed on premises.
TELECOMMUNICATIONS TOWERS. Telecommunications Towers means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-support lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, Alternative Tower Structures, and the like. This includes the structure and support thereto. Telecommunications towers erected or modified to support small wireless facilities (wireless support structures for small wireless facilities), as defined and regulated by Chapter 57 (Small Wireless Facilities) of the Village Code, shall not be included within this definition.
TELECOMMUNICATIONS TOWERS OR ANTENNAS, PREEXISTING. Pre-Existing Telecommunications Tower or Antennas means any Telecommunications Tower or Antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this Ordinance, including permitted Telecommunications Towers and Antennas that have not yet been constructed so long as such approval is current and not expired.
TELECOMMUNICATIONS TOWER AND ANTENNA ORDINANCE. Telecommunications Tower and Antenna Ordinance shall refer to Section 15.00 et seq. of this ordinance.
THEATER. A theater is any building or structure designed for the enactment of dramatic performances and/or showing of motion pictures. For the purpose of this Ordinance, a dinner theater shall be deemed a restaurant. A drive-in movie picture theater, adult amusement, or entertainment theaters and drive-in theaters are deemed separate and distinct uses.
TOWER. A structure which may be attached to a building or may be detached and affixed to the ground and is used in the generation of electrical power or to support a windmill or other equipment.
TRADITIONAL DOWNTOWN. The Traditional Downtown encompasses the B-4 Traditional Downtown North, B-5 Traditional Downtown South, and B-6 Irving Park Road Corridor zoning districts, in their entirety.
TRANSIENT GUEST. A non-permanent guest who occupies, or has the right to occupy a hotel or motel room for a period of no longer that thirty (30) days.
UNLICENSED WIRELESS SERVICE. Unlicensed Wireless Service is that service which offers telecommunications services using duly authorized devices which do not require individual licenses by the FCC, but does not mean the provision of direct-to-home satellite services as defined by the FCC or any successor agency.
USE. Use is any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained, or occupied; also, any activity, occupation, business, or operation carried on, or intended to be carried on, in or on a structure or on a tract of land, and shall comply with all performance standards contained in this Ordinance.
Use, Principal: Principal use is the main use of land or buildings as distinguished from a subordinate or accessory use. The principal use may be either a Permitted or a Special Use.
Use, Special: Special use is a use, either public or private, which, because of its unique characteristics, cannot be properly classified as a Permitted Use in a particular district or districts.
Use, Lawful: The use of any building, structure or land that conforms with all of the regulations of this Ordinance or any amendment hereto and which conforms with all of the codes, ordinances and other legal requirements, as existing at the time of the enactment of this Ordinance or any amendment thereto, for the structure or land that is being considered.
Use, Permitted: Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and when applicable, performance standards of this Ordinance for the district in which such use is located.
VARIATION. A variation is a relaxation of the terms of the Zoning Ordinance where such variations will be in harmony with the general purpose and intent and not contrary to the public interest, and where, due to conditions, peculiar to the property and not the direct result of the actions of the owner, a literal enforcement of the Ordinance would result in practical difficulties or unnecessary hardship. Variation may be granted in the use, construction, or alteration of a building or structure, or in the use of land.
VETERINARY CLINIC. Veterinary clinic is a facility rendering surgical and medical treatment to animals (household pets), and providing for overnight accommodations for animals under treatment or observation. For the purpose of this ordinance, animals shall be deemed to be ordinary household pets, excluding equines or other such animals not normally housed or cared for entirely within the confines of a residence.
VETERINARY HOSPITAL. A veterinary hospital is a facility rendering surgical and medical treatment to animals, and having no limitation on overnight accommodations for such animals. Crematory facilities shall not be allowed in a veterinary hospital unless approved by the Illinois Environmental Protection Agency and the Village Board. For the purpose of this Ordinance, where a veterinary hospital is permitted, a veterinary clinic shall also be permitted.
VIDEO GAMING CAF . An establishment whose primary or major focus is video gaming and the service of alcohol and food is incidental to the operation of video gaming. The following factors may be considered when determining if the establishment is a video gaming caf :
A. Does not meet the definition of a restaurant;
B. Annual revenue is at least 60% generated from video gaming activities, which can be certified by request of the Village from the operator and State of Illinois.
VIDEO GAMING ESTABLISHMENT. An establishment that is not a Video Gaming Caf , where video gaming terminals are an accessory use to the primary business activity, that also has secured a liquor license from the Village of Itasca and complies with all requirements of Chapter 119, Video Gaming, of the Itasca Municipal Code.
WAREHOUSE. A warehouse is a building, structure, or part thereof used principally for the storage of any goods or merchandise, and not for retail sale of such goods.
WATERCRAFT. Every description of watercraft used or capable of being used as a means of transportation on water. Watercraft includes, but is not limited to, personal watercrafts, specialty prop-crafts, and other boats.
WHOLESALE ESTABLISHMENT. Wholesale establishment is any building wherein the primary occupation is the sale of merchandise in gross for resale and any such building wherein the primary occupation is the sale of merchandise to institutional, commercial, and industrial consumers and not for retail sale of such goods an merchandise.
WIRELESS SUPPORT STRUCTURE FOR SMALL WIRELESS FACILITIES. See definition in 57.03 of the Village Code.
YARD. A yard is an open space on the same zoning lot with a use, building or structure unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in Section 4.06.8. A yard extends along a lot line, and to such a depth or width specified in the yard requirements, for the zoning district in which such zoning is located. (See illustrations)
Yard, Front: A front yard is a yard extending along the full length of the from lot line between the side lot lines to a depth specified in the yard requirements for the zoning district.
Yard, Rear: A rear yard is a yard extending along the full length of the rear lot line between the side lot lines to a depth specified in the yard requirements for the zoning district.
Yard, Side: A side yard is a yard extending along a side lot line between the front and rear yards to width specified in the yard requirements for the zoning district.
Yard, Corner: A corner yard is a side yard which adjoins any street to a width specified in the yard requirements for the zoning district.
ZERO LOT LINE. Zero lot line is a development approach in which a building is sited on one (1) or more lot lines with no yard.
ZONING ADMINISTRATOR. The Zoning Administrator is that person designated as Zoning Administrator by ordinance or resolution of the Village Board and such deputies as may be appointed by the Village Board. The Zoning Administrator is hereby authorized to administer and enforce the provisions of the Zoning Ordinance, making such determinations, interpretations and orders as are necessary therefore, and requiring such plats, plan and other descriptive material in connection with applications/permits as are necessary to comply with this Ordinance.
ZONING BOARD. The Zoning Board is the Village of Itasca Zoning Board of Appeals (see Section 14.06 and Section 4.04.5.).
ZONING CERTIFICATE. A zoning certificate is a certificate issued by the Zoning Administrator with approval of the Village Board, certifying that any proposed use, building or structure to be located on a zoning lot is in accordance with all of the regulations of this Ordinance.
ZONING DISTRICT. A zoning district is a section or sections of territory for which the regulations and requirements governing use, lot, and bulk of buildings and premises are uniform.
ZONING LOT. (See Lot, Zoning).
ZONING MAP. A zoning map is the map incorporated herein, as part hereof, designating a zoning district.
(Ord. 963-97, passed 4-08-97; Am. Ord. 1020-99 passed 3-16-99; Am. Ord. 1075-01 passed 2-6-01; Am. Ord. 1142-02, passed 12-17-02; Am. Ord. 1253-05, passed 5-03-05; Am. Ord. 1343-06, passed 12-05-06; Am. Ord. 1355-06, passed 12-05-06; Am. Ord. 1356-06, passed 12-19-06; Am. Ord. 1469-08, passed 11-18-08; Am. Ord. 1481-09, passed 3-03-09; Am. Ord. 1527-10, passed 5-18-10; Am. Ord. 1541-10, passed 8-17-10; Am. Ord. 1548-10, passed 10-19-10; Am. Ord. 1679-13, passed 12-3-13; Am. Ord. 1818-16, passed 10-4-16; Am. Ord. 1912-19, passed 4-2-19; Am. Ord. 1916-19, passed 6-18-19; Am. Ord. 2011-22, passed 3-15-22; Am. Ord. 2161-25, passed 12-16-25)