Zoneomics Logo
search icon

La Grange Park City Zoning Code

DEFINITIONS

§ 153.300 PURPOSE.

   This subchapter contains definitions for generic uses and general terms used throughout the Code.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18)

§ 153.301 INTERPRETATION.

   The language set forth in the text of this Code shall be interpreted in accordance with the following rules of construction:
   (A)   The singular number includes the plural, and the plural the singular.
   (B)   The present tense includes the past and future tenses, and the future tense includes the present.
   (C)   The word “shall” is mandatory, while the word “may” is permissive.
   (D)   Both of the terms “shall not” and “may not” are prohibiting.
   (E)   The masculine gender includes the feminine and neuter.
   (F)   Whenever a defined word or term appears in the text of this Code, its meaning shall be construed as set forth in the definition. Any word appearing in parenthesis, between a word and its definition herein, shall be construed in the same sense as that word. Words not defined shall be interpreted in accordance with the definitions considered to be normal dictionary usage.
   (G)   If a definition contains a regulation and the use is inconsistent with that regulation, the use is prohibited.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18)

§ 153.302 RULES OF GENERIC USE DEFINITIONS.

   (A)   Certain terms in this subchapter are defined to be inclusive of many uses in order to eliminate overly detailed lists of uses in the zoning districts established by this Code. These terms shall be referred to in this Code as “Generic Use Definitions.”
   (B)   A use that is not specifically listed in a zoning district or does not fall within a generic use definition as defined in this subchapter, or as interpreted pursuant to § 153.064 (Zoning Interpretations), is prohibited.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18)

§ 153.303 GENERIC USE DEFINITIONS.

   ANIMAL HOSPITAL. An establishment for the care and treatment of the diseases and injuries of animals and where animals may be boarded during their convalescence. An ANIMAL HOSPITAL shall not include “Kennel/Dog “Day Care” Service.”
   ART GALLERY. A commercial establishment engaged in the sale, loan and/or display of paintings, sculpture, video art or other works. ART GALLERY does not include “Cultural Facility,” such as a library, museum or non-commercial gallery that may also display paintings, sculpture, video art or other works.
   ASSISTED LIVING FACILITY. A facility that provides daily assistance and long-term residence for disabled or elderly individuals, but not regular in-patient medical care. This includes a combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living, such as dressing, grooming, bathing, and the like. An ASSISTED LIVING FACILITY shall not include “Independent Living Facility,” “Community Residence” or “Nursing Home.”
   BANQUET HALL. An establishment which is rented by individuals or groups to accommodate private functions, such as banquets, weddings, anniversaries and other similar celebrations. Such use may or may not include: kitchen facilities for the preparation or catering of food; the sale of alcoholic beverages for on-premises consumption only during scheduled events and not open to the general public; and/or outdoor gardens or reception facilities.
   CAR WASH. A commercial establishment engaged in the washing and cleaning of passenger vehicles, recreational vehicles or other light duty equipment, whether automatic or by hand, within an enclosed building.
   CEMETERY. Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, and necessary sales and maintenance facilities. Mortuaries may be included when operated within the boundary of such cemetery.
   COMMUNITY RESIDENCE. A group residence consisting of a group home or specialized residential care home licensed, certified or accredited by the appropriate state or federal agencies, and serving as a single housekeeping unit for the housing of unrelated persons with functional disabilities who share responsibilities, meals, recreation, social activities and other aspects of residential living. COMMUNITY RESIDENCE does not include a residence which services persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse, nor does it include a nursing or medical facility.
      (1)   COMMUNITY RESIDENCE - LARGE. A community residence providing living accommodations for more than eight residents, including live-in staff. Visiting staff who do not reside within the community residence shall not be counted for purposes of establishing the number of residents.
      (2)   COMMUNITY RESIDENCE - SMALL. A community residence providing living accommodations for no more than eight residents, including live-in staff. Visiting staff who do not reside within the community residence shall not be counted for purposes of establishing the number of residents.
   CONTRACTOR STORAGE YARD. Any land or buildings used primarily for the storage of equipment, vehicles, machinery, building materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of any building trades or building craft.
   COUNTRY CLUB. A club organized and operated primarily for social and outdoor recreation purposes with recreation facilities for members, their families and invited guests.
   CULTURAL FACILITY. A use that is open to the public and provides cultural services and facilities including, but not limited to, museums, cultural centers, historical societies and libraries operated by a public, private or non-profit organization.
   DAY CARE CENTER, ADULT. A facility, other than within a residential dwelling unit, providing care for more than three elderly and/or functionally- impaired adults in a protective setting for less than 24 hours per day. An ADULT DAY CARE CENTER does not include a program operated by a “Place of Worship,” that provides care for elderly and/or functionally impaired adults in a protective setting for less than 24 hours per day.
   DAY CARE CENTER, CHILD. A facility, other than within a residential dwelling unit, providing care for more than three children in a protective setting for less than 24 hours per day. A CHILD DAY CARE CENTER does not include a program operated by an “Educational Facility” (all types) or “Place of Worship,” that provides care for children three years of age or older for less than 24 hours per day.
   DAY CARE HOME, ADULT. A dwelling in which a permanent occupant of the dwelling provides care in a protective setting for up to eight elderly and/or functionally impaired adults who do not spend the night at the dwelling.
   DAY CARE HOME, CHILD. A dwelling in which a permanent occupant of the dwelling provides care for up to eight children from outside households. The number counted includes the family’s natural or adopted children and all other persons under the age of 12. CHILD DAY CARE HOME does not include facilities that receive only children from a single household.
   DRIVE-THROUGH FACILITY. Premises used to provide or dispense products or services through an attendant, window or automated machine, to persons remaining in motor vehicles in a designated stacking aisle. A DRIVE-THROUGH FACILITY may be in combination with other uses, such as a “Financial Institution,” “Personal Services Establishment,” “Retail Goods Establishment” or “Restaurant.” A “Car Wash,” “Gas Station” or “Motor Vehicle Service and Repair (Major and Minor)” shall not be considered to maintain a DRIVE-THROUGH FACILITY.
   DRIVING RANGE. An area equipped with distance markers, clubs, balls and tees for practicing the striking of golf balls, which may include a snack-bar and pro-shop. Miniature golf courses are considered “Outdoor Recreation” and not a DRIVING RANGE.
   DWELLING, ABOVE THE GROUND FLOOR. Dwelling units within multi-story buildings located above non-residential uses on the ground floor.
   DWELLING, FOUR-FAMILY. A building designed as a single structure, containing four separate living units, each of which is designed to be occupied as a separate permanent residence for one household. A FOUR-FAMILY DWELLING may include a common interior stairwell to both dwelling units but each dwelling unit shall have an individual entrance. FOUR-FAMILY DWELLING shall not include “Townhouse Dwelling.”
   DWELLING, MULTI-FAMILY. A building containing five or more individual dwelling units with varying arrangements of party walls and entrances where each dwelling unit has an individual entrance to a common hallway or the outdoors. MULTI-FAMILY DWELLING shall not include “Townhouse Dwelling.”
   DWELLING, SINGLE-FAMILY. A building containing one individual dwelling unit, which is located on an individual lot and is not attached to any other dwelling unit.
   DWELLING, THREE-FAMILY. A building designed as a single structure, containing three separate living units, each of which is designed to be occupied as a separate permanent residence for one household. A THREE-FAMILY DWELLING may include a common interior stairwell to both dwelling units but each dwelling unit shall have an individual entrance. A THREE-FAMILY DWELLING shall not include “Townhouse Dwelling.”
   DWELLING, TOWNHOUSE. A structure consisting of no less than three dwelling units, with no other dwelling, or portion of other dwelling, directly above or below, where each unit has a separate entrance and direct ground level access to the outdoors. These units are connected to other dwelling units by a single party wall with no opening. TOWNHOUSE DWELLING shall not include “Multi-Family Dwelling.” TOWNHOUSE DWELLING refers to the design of a building and does not reflect the type of ownership of the individual units.
   DWELLING, TWO-FAMILY. A building designed as a single structure, containing two separate living units, each of which is designed to be occupied as a separate permanent residence for one household. A TWO-FAMILY DWELLING may include a common interior stairwell to both dwelling units but each dwelling unit shall have an individual entrance.
   EDUCATIONAL FACILITY, COLLEGE/UNIVERSITY. A post-secondary institution for higher learning that grants associate or bachelor degrees. The institution may also have research facilities, and/or professional schools that grant master and doctoral degrees. EDUCATIONAL FACILITIES, COLLEGE/UNIVERSITY also includes post-secondary theological schools for training ministers, priests or rabbis. EDUCATIONAL FACILITIES, COLLEGE/UNIVERSITY shall not include “Educational Facilities, Vocational.”
   EDUCATIONAL FACILITY, PRIMARY. A public, private or parochial school offering instruction at the elementary and/or junior high school levels with a full range of curricular programs. “Places of Worship” with primary educational facilities, as defined here, shall be classified as EDUCATIONAL FACILITIES, PRIMARY.
   EDUCATIONAL FACILITY, SECONDARY. A public, private or parochial school offering instruction at the senior high school level with a full range of curricular programs. EDUCATIONAL FACILITIES, PRIMARY/SECONDARY also includes secondary theological schools for training ministers, priests or rabbis. “Places of Worship” with secondary educational facilities, as defined here, shall be classified as EDUCATIONAL FACILITIES, SECONDARY.
   EDUCATIONAL FACILITY, VOCATIONAL SCHOOL. A school established to provide for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for-profit and that do not offer a complete educational curriculum. EDUCATIONAL FACILITIES, VOCATIONAL SCHOOL shall not include “Educational Facilities, College/University.”
   ENTERTAINMENT, INDOOR. Predominantly spectator uses conducted within an enclosed building including, but not limited to, movie theaters and sport or game matches or exhibitions. An INDOOR ENTERTAINMENT includes accessory uses, such as snack bars or refreshment stands, which are designed and intended primarily for the use of patrons. INDOOR ENTERTAINMENT shall not include “Indoor Recreation” or “Live Entertainment.” INDOOR ENTERTAINMENT is distinguished from “Indoor Recreation” in that the predominant use is spectator-oriented and not participatory.
   ENTERTAINMENT, OUTDOOR. Predominantly spectator uses conducted outdoors in open or only partially enclosed facilities. Typical uses include, but are not limited to, fairgrounds, outdoor stadiums, outdoor theaters, raceways, rodeos, music arenas, theme parks and amusement parks. OUTDOOR ENTERTAINMENT shall include accessory uses, such as snack bars or refreshment stands that are designed and intended primarily for the use of patrons. OUTDOOR ENTERTAINMENT shall not include “Outdoor Recreation.”
   FINANCIAL INSTITUTION. A bank, savings and loan, credit union, mortgage office, or automated teller machine (ATM). FINANCIAL INSTITUTION shall not include any payday/title loan agency as defined in § 153.304.
   FOREST PRESERVE. Designated open space that preserves natural features and protects wildlife and critical environmental features. A FOREST PRESERVE may include opportunities for passive recreation and environmental education.
   FUNERAL HOME. A building used for the preparation of the deceased for burial display of the deceased and rituals before burial or cremation. A FUNERAL HOME includes chapels located within the building used for the display of the deceased and the conducting of rituals before burial or cremation.
   GAS STATION. A business where flammable or combustible liquids or gases used as fuel for motor vehicles are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles.
   GOLF COURSE. A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms and shelters as accessory uses. A “Driving Range” may be included as part of a GOLF COURSE.
   GOVERNMENT FACILITY. A building or structure owned, operated and/or occupied by a governmental agency to provide a governmental service to the public. GOVERNMENT FACILITY shall include public safety facilities and public works facilities, but shall not include park district field houses or recreation centers, which would be considered a “Park/Playground,” or school buildings, which would be considered “Educational Facilities.”
   GREENHOUSE/NURSERY. Retail business whose principal activity is the selling of plants grown on the site and having outside storage, growing or display.
   INDEPENDENT LIVING FACILITY. A residential complex containing dwellings where the occupancy 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. Such facilities may include common areas for meals and socializing, offer minimal convenience services, but exclude institutional care such as medical or nursing care. An INDEPENDENT LIVING FACILITY shall not include “Assisted Living Facility,” “Community Residence” or “Nursing Home.”
   KENNEL/DOG “DAY CARE” SERVICE. An establishment where pet animals owned by another person are temporarily boarded for pay or remuneration of any sort. KENNEL/DOG “DAY CARE” SERVICE shall include those facilities where pet animals are boarded for the day. KENNEL shall not apply to animal hospitals operated by veterinarians duly licensed under the law where the boarding of animals is accessory to medical treatment.
   LIVE ENTERTAINMENT. A musical, theatrical, dance, cabaret or comedy act performed live by one or more persons. “Restaurants” that regularly host such performances shall be considered LIVE ENTERTAINMENT uses. Bars that include dancing by patrons and guests are considered LIVE ENTERTAINMENT uses. A LIVE ENTERTAINMENT establishment may provide food for consumption on the premises. LIVE ENTERTAINMENT shall not include any adult uses as defined in § 153.304.
   MANUFACTURING, GENERAL. The manufacturing from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, provided all manufacturing activities are contained entirely within a structure, and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within a structure.
   MEDICAL CANNABIS DISPENSING ORGANIZATION. A facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.
   MEDICAL/DENTAL CLINIC. A facility operated by one or more physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. MEDICAL CLINICS shall also include alternative medicine clinics, such as acupuncture, and physical therapy offices.
   MEDICAL USE OF CANNABIS. The acquisition, administration, delivery, possession, transfer, transportation, or use of cannabis to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.
   MINI-WAREHOUSE. A facility used only for the storage of property where renters control individual storage spaces. No commercial transactions are permitted other than the rental of the storage units, unless otherwise permitted by this Code.
   MOTOR VEHICLE DEALERSHIP. Any business establishment that sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, boats or motorcycles, or other similar motorized transportation vehicles. An automobile dealership may maintain an inventory of the vehicles for sale or lease either on-site or at a nearby location, and may provide on-site facilities for the repair and service of the vehicles sold or leased by the dealership.
   MOTOR VEHICLE OPERATIONS FACILITY. A privately-owned facility for the dispatch, storage and maintenance of emergency medical care vehicles, taxicabs and other livery vehicles. MOTOR VEHICLE OPERATIONS FACILITY shall not include “Public Works Facility” or “Public Safety Facility,” where the vehicles of the Fire, Police or other municipal departments are dispatched, stored and/or maintained.
   MOTOR VEHICLE RENTAL ESTABLISHMENT. Rental of automobiles and light trucks and vans, including incidental parking and servicing of rental vehicles.
   MOTOR VEHICLE SERVICE AND REPAIR, MAJOR. Such use includes, but shall not be limited to, establishments involved in engine rebuilding, major reconditioning of worn or damaged motor vehicles or trailers, towing and collision service, including body, frame or fender straightening or repair, and painting of motor vehicles.
   MOTOR VEHICLE SERVICE AND REPAIR, MINOR. Such use includes, but is not limited to, minor repairs to motor vehicles, including repair or replacement of cooling, electrical, fuel and exhaust systems, brake adjustments, relining and repairs, wheel servicing, alignment and balancing, repair and replacement of shock absorbers, and replacement or adjustment of mufflers and tail pipes, hoses, belts, light bulbs, fuses, windshield wipers/wiper blades, grease retainers, wheel bearings, and the like. MOTOR VEHICLE SERVICE AND REPAIR, MINOR includes establishments where gasoline and/or fuel oil, and oil, grease, batteries, tires and automobile accessories are sold in addition to the repair facilities.
   NURSING HOME. A facility providing bed care and inpatient services on a 24-hour per day basis for persons requiring regular medical attention. This definition excludes a facility providing surgical or emergency medical services, or a facility providing care for alcoholism, drug addiction, mental disease or communicable disease. A NURSING HOME shall not include “Independent Living Facility,” “Assisted Living Facility” or “Community Residence.”
   OFFICE. A use that engages in the processing, manipulation or application of business information or professional expertise. Such an office may or may not offer services to the public. An OFFICE 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. It is characteristic of an OFFICE that retail or wholesale goods are not shown on the premises to a customer. Examples include, but are not limited to, professional offices for non-profit organizations, advertising, accounting, investment services, insurance, contracting, architecture, planning, engineering, legal services and real estate services. OFFICE does not include government offices, which are considered a “Government Facility,” “Financial Institution” or payday/title loan agencies, which are defined in § 153.304.
   OFF-STREET PARKING LOT (PRINCIPAL USE). An open, hard-surfaced area, other than street or public way, available to the public, to be used for the storage, for limited periods of time, of operable passenger automobiles and commercial vehicles. Such storage may be for compensation, free or as an off-site accommodation to residents of a multi-family dwelling, or clients and customers of a business.
   OUTDOOR DINING. A seating area located outdoors of a contiguous restaurant, usually in addition to an indoor seating area. Outdoor seating areas for tavern/bars, typically referred to as a beer garden, are considered OUTDOOR DINING.
   PARK/PLAYGROUND. A non-commercial, not-for-profit facility designed to serve the recreation needs of the residents of the community. PARKS include, but are not limited to, ballfields, football fields, soccer fields, basketball courts, playgrounds and park district field houses that may have indoor recreation facilities.
   PARKING STRUCTURE (PRINCIPAL USE). A structure composed of one or more levels or floors used for the parking or storage of motor vehicles.
   PERSONAL SERVICES ESTABLISHMENT. An establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty shops, barbershops, tanning salons, animal grooming establishments, massage parlors, shoe repair, laundromats, dry cleaners and tailors. PERSONAL SERVICES ESTABLISHMENT shall not include any adult uses or payday/title loan agencies as defined in § 153.304.
   PLACE OF WORSHIP. A building, together with its accessory buildings and uses, where persons regularly assemble for religious purposes and related social events and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. A PLACE OF WORSHIP may include group housing for persons under religious vows or orders. PLACES OF WORSHIP may also include day care facilities and/or weekly religious instruction.
   PLANNED UNIT DEVELOPMENT. The development of a land area as a single unified development, where certain Zoning Code regulations, such as bulk and use standards, may be modified to allow for more flexible planning in conformance with the planned unit development standards and approval processes.
   RECREATION, INDOOR. Predominantly participant uses where recreational activities or games of skill are conducted within a wholly enclosed building including, but not limited to, a bowling alley, pool hall, indoor miniature golf course, indoor child’s play facility, arcade, indoor tennis courts, indoor swimming pools, physical fitness establishments, or similar uses. An INDOOR RECREATION FACILITY shall include accessory uses, such as snack bars or refreshment stands that are designed and intended primarily for the use of patrons. INDOOR RECREATION may also include those establishments that maintain a restaurant on-premises for patrons of the establishment. INDOOR RECREATION shall not include “Indoor Entertainment.” Park district field houses with indoor recreation facilities are not considered INDOOR RECREATION.
   RECREATION, OUTDOOR. Predominantly participant uses that take place outside of a building including, but not limited to, miniature golf courses, swimming pools, tennis courts, ball fields, skateboard parks, and other similar facilities. OUTDOOR RECREATION shall include accessory uses, such as snack bars or refreshment stands that are designed and intended primarily for the use of patrons. OUTDOOR RECREATION may also include those establishments that maintain a restaurant on-premises for patrons of the establishment. OUTDOOR RECREATION shall not include “Outdoor Entertainment,” “Park/Playground,” “Golf Course” and “Driving Range.”
   RESEARCH AND DEVELOPMENT FACILITY. An establishment where research and development is conducted in industries that include, but are not limited to, biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. RESEARCH AND DEVELOPMENT FACILITY does not involve the manufacture, fabrication, processing or sale of products.
   RESTAURANT. A structure in which the principal use is the preparation and sale of food and beverages for consumption on the premises or for carry-out. RESTAURANT shall not include accessory restaurants, snack bars or refreshment stands accessory to “Indoor or Outdoor Entertainment” and “Indoor or Outdoor Recreation.” A RESTAURANT with regular live performances (music, theater, and the like) shall be considered “Live Entertainment.”
   RETAIL GOODS ESTABLISHMENT. A commercial enterprise that provides physical goods, products or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. RETAIL GOODS ESTABLISHMENT shall not include any adult uses or pawn shops as defined in § 153.304.
   TAVERN/BAR. An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises. Snack foods or other prepared food may be available for consumption on the premises as an accessory use only. A TAVERN/BAR with live performances (music, theater, and the like) is considered “Live Entertainment.”
   UTILITY, PRIVATE. Utilities that are not subject to village acceptance for operation or maintenance. For purposes of this Code, PRIVATE UTILITIES include natural gas lines, power lines, telephone lines, cable television lines, fiber optic lines and other communication lines, their appurtenances and components and the utility companies’ operation, maintenance, repair and replacement of same. Aboveground private utility structures, such as pedestals for cable wire access or other access points for underground infrastructure (communications wiring, fiber optic, and the like) shall be considered a PRIVATE UTILITY.
   WAREHOUSE/DISTRIBUTION. The storage, wholesale and distribution of manufactured products, supplies and equipment.
   WHOLESALE DISTRIBUTION ANCILLARY TO RETAIL. A wholesale activity, including storage and distribution, that is connected to and supportive of a permitted retail goods establishment and where such goods are sold to other businesses rather than to individual customers.
   WIRELESS TELECOMMUNICATIONS ANTENNA. A specific device, the surface of which is used to transmit and/or receive radio-frequency signals, microwave signals, or other signals transmitted to or from other antennas. WIRELESS TELECOMMUNICATIONS ANTENNA does not include “Satellite Dish Antenna.”
   WIRELESS TELECOMMUNICATIONS FACILITY. An un-staffed structure used to house and protect the equipment necessary for processing telecommunications signals, which may include air conditioning equipment and emergency generators.
   WIRELESS TELECOMMUNICATIONS TOWER. A structure designed and constructed to support one or more “Wireless Telecommunications Antennas” and including all appurtenant devices attached to it. A tower can be freestanding (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guy wires) of either lattice or monopole construction.
(Ord. 929, passed 1-25-11; Ord. 997, passed 11-25-14; Ord. 1076, passed 1-23-18; Ord. 1083, passed 4-24-18; Ord. 1225, passed 6-25-24)

§ 153.304 GENERAL TERMS DEFINITIONS.

   ABUT. To share a common lot line or zoning district boundary without being separated by a street or alley.
   ACCESSIBILITY RAMP. A ramp or similar structure that provides wheelchair or similar access to a building.
   ACCESSORY RETAIL USE. The retail sale of products, which are identical to the principal use of a lot or main building thereon and located on the same lot as the principal use or building.
   ACCESSORY STRUCTURE. A structure located on the same lot with the principal building and is customarily incidental and subordinate to the use of the principal building.
   ACCESSORY USE. A use that is customarily incidental and subordinate to the principal use of a lot or the main building thereon and located on the same lot as the principal use or building.
   ADDITION or ENLARGEMENT. Any construction that increases the size of a building or structure in terms of site coverage, height, length, width or floor area.
   ADULT USE. Shall include the following, as defined by this section and this chapter: adult bookstores, adult entertainment cabarets, adult hotel/motel, adult motion picture theaters, adult novelty stores, massage parlors, and other similar uses.
      (1)   ADULT BOOKSTORE. An establishment having at least 25% of its sales or display area devoted to books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin-operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “Specified Anatomical Activities” or “Specified Anatomical Areas,” or an establishment with a segment or section devoted to the sale or display of such materials, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin-operated booths, exclusion of minors from the establishment’s premises or any other factors showing the establishment’s primary purpose is to purvey such material.
      (2)   ADULT ENTERTAINMENT CABARET. A public or private establishment which features topless dancers, strippers, go-go dancers, male or female impersonators, lingerie or bathing suit fashion shows, not infrequently features entertainers who display “Specified Anatomical Areas” or features entertainers who, by reason of their appearance or conduct, perform in a manner which is designed primarily to appeal to the prurient interest of the patron or features entertainers who engage in, or are engaged in, explicit simulation of “Specified Sexual Activities.”
      (3)   ADULT HEALTH SPA/SAUNA. A health spa, sauna or massage parlor that excludes minors by reason of age and/or provides steam bathes, heat bathing, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body, and is distinguished or characterized by an emphasis on “Specified Sexual Activities” or “Specified Anatomical Areas,” as defined herein. This definition does not include health clubs, health spas, salons or similar establishments that offer massage therapy or other manipulation of the human body provided by a licensed massage therapist.
      (4)   ADULT HOTEL/MOTEL. A hotel, motel or similar commercial establishment offering public accommodations for any form of consideration that provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes or video cassette recorders, DVDs or DVD players, slides, or other photographic reproductions for viewing or recording, characterized by an emphasis upon the depiction or description of “Specified Sexual Activities” or “Specified Anatomical Areas” and/or rents, leases or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a 24-hour period.
      (5)   ADULT MASSAGE PARLOR. An establishment providing massages, for hire, by persons other than a licensed health care professional, that rub, stroke, knead, or tap the body with the hand or an instrument, or both, for the purposes of or engaging in sexual gratification or as related to “Specified Sexual Activities.” This does not include any licensed or sanctioned athletic or medical rehabilitation activity that generally employs or use the services of a physical trainer. In addition, this does not include massage offered by a licensed massage therapist within a health club, day spa or beauty services establishment.
      (6)   ADULT MOTION PICTURE THEATER. A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “Specified Sexual Activities” or “Specified Anatomical Areas” for observation by patrons therein.
      (7)   ADULT NOVELTY STORE. An establishment having a substantial or significant portion of its sales or stock in trade consisting of toys, devices, clothing novelties, lotions and other items distinguished or characterized by their emphasis on or use for “Specialized Sexual Activities” or “Specified Anatomical Areas,” or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment’s premises or any other factors showing the establishment’s primary purpose is to purvey such material.
      (8)   SPECIFIED ANATOMICAL AREAS. For the purposes of this title, SPECIFIED ANATOMICAL AREAS means: 1) less than completely and opaquely covered human genitals, pubic region, buttocks or female breasts below a point immediately above the tope of the areola; and 2) human genitals in a discernable turgid state, even if completely and opaquely covered.
      (9)   SPECIFIED SEXUAL ACTIVITIES. For the purpose of this title, SPECIFIED SEXUAL ACTIVITIES means: 1) human genitals in a state of sexual stimulation or arousal; 2) acts of human masturbation, sexual intercourse or sodomy; and 3) fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
   ALLEY. A public way not exceeding 30 feet in width at its intersection with a street, customarily used for ingress to and egress from service entrances of buildings.
   ALTERATION. Any change in the size, shape, character, occupancy, or use of a building or structure.
   AMATEUR (HAM) RADIO EQUIPMENT. An amateur (HAM) radio station licensed by the Federal Communications Commission (FCC), including equipment such as, but not limited to, a tower or alternative tower structure supporting a single, radiating antenna platform and other equipment.
   ARBOR. A freestanding structure used in a garden to support vines or climbing plants.
   ARCHITECTURAL FEATURE. A part, portion, or projection that contributes to the aesthetics of a building or structure, exclusive of signs, that is not necessary for the structural integrity of the building or structure, or to make said building or structure habitable.
   ARRAYS. A group of antennas arranged by a wireless telecommunications service provider and placed on a tower, structure, or building at a given height aboveground to provide the desired directional characteristics.
   ATTENTION GETTING DEVICE. Any pennants, flag, festoon, valance, propeller, pole covers, spinner, streamer, searchlights, balloons, flashing lights, changing colors, rotating or moving displays and any similar device or ornamentation designated for the purposes of attracting attention, promoting or advertising.
   AWNING. A roof-like cover, often of fabric or metal, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk or door. For AWNINGS used as a sign, see “Sign, Awning.”
   BAKERY. An establishment primarily engaged in the retail sale of baked products for consumption off-site. The products may be prepared either on- or off-site. Such use may include incidental food service.
   BALCONY. A platform which projects from the exterior wall of a building above the ground floor, which is exposed to the open air, has direct access to the interior of the building, and is not supported by posts or columns extending to the ground.
   BANNER. See “Sign, Banner.”
   BASEMENT. That portion of a building located partly underground, but having one-half or more of its clear floor-to-ceiling height below the average grade of the adjoining ground.
   BAY WINDOW. A window which projects outward from the building, beginning at least two feet above ground, which does not rest on the building foundation or on the ground and has no additional structural support to the ground.
   BERM. An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise or fulfill other such purposes.
   BLOCKFACE. That portion of a block or tract of land facing the same side of a single street and lying between the closest intersecting streets, or between an intersecting street and railroad right-of-way or waterway.
   BOWLING ALLEY. Indoor facility for the sport of ten-pin or duck-pin bowling, with customary accessory uses such as snack bars.
   BUFFER YARD. Land area with landscape plantings and other components used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
   BUILDABLE LOT. A lot on which a building or other structure may be erected in conformity with zoning and building code requirements.
   BUILDING. Any structure with substantial walls and roof securely affixed to land and entirely separated on all sides from any similar structure by space or by walls in which there are no communicating doors, windows or similar openings.
   BUILDING COVERAGE. The portion of a lot that is occupied by buildings or structures, including accessory structures, expressed as a percentage of total lot area. All structures or architectural features of 30 inches or more in height shall be counted toward building coverage.
   BUILDING HEIGHT. The vertical distance measured from grade:
      (1)   In the case of a flat roof, to the highest point.
      (2)   In the case of a mansard roof, to the deck line.
      (3)   In the case of a gable, hip or gambrel roof, to the mean point between the eaves and the ridge. Where there is more than one peak, building height shall be measured as described between the highest peak and the highest eaves.
      (4)   Chimneys, spires, steeples, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height.
   BUILDING, PRINCIPAL. A non-accessory building in which a principal use of the lot on which it is located is conducted.
   BULLETIN BOARD. Any sign with a changeable message board erected in a permanent fashion by a public, charitable or religious institution that is erected upon the same property as said institution.
   BUSINESS. An occupation, employment, or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
   CALIPER. The American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six inches above the ground for trees up to and including four-inch caliper size, and as measured at 12 inches above the ground for larger sizes.
   CANOPY. A structure, other than an awning, made of materials such as cloth or metal, or materials with a frame, either attached to a building or projecting from a building, and carried by a frame supported by the ground or sidewalk. For CANOPIES with advertising see “Sign, Canopy.”
   CARNIVAL/CIRCUS. A traveling or transportable group or aggregation of rides, shows, games, or concessions or any combination thereof.
   CHIMNEY. A vertical shaft of reinforced concrete, masonry or other approved material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid or gaseous fuel.
   CHRISTMAS TREE SALES LOT. A retail sales operation, generally conducted wholly outdoors, that offers for sale on a temporary, limited basis Christmas trees and related holiday items such as wreaths and Christmas tree stands.
   COLLOCATION. Placement of wireless telecommunications equipment from more than one service or service provider on a single tower or site.
   COMMERCIAL VEHICLE. Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not-for-hire, but not including a commuter van, a vehicle used in a ridesharing
arrangement when being used for that purpose, or a recreational vehicle not being used commercially.
   CONFORMING STRUCTURE. Any structure that complies with all the regulations of this Code, or any amendment hereto, governing bulk for the zoning district in which such structure is located or is designed or intended for a conforming use.
   CONTIGUOUS. Adjoining or abutting.
   DECK. A roofless outdoor space built as an aboveground platform projecting from the wall of a building and is connected by structural supports at grade or by the building structure.
   DECORATIVE LAWN EDGING. Landscape borders, made of stone, brick, wood, plastic, concrete, metal or similar materials, used to transition from lawn to planting beds or from lawn to hardscape, such as walkways and patios. (See Figure 17-1: Decorative Lawn Edging.)
   FIGURE 17-1: DECORATIVE LAWN EDGING
 
   DISTRICT. A portion of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this Code.
   DRIVEWAY. A paved or unpaved access strip of land providing a vehicular connector between the street and a parking space or garage.
   DWELLING. A structure or portion thereof designed for occupancy by one (1) family or household for residential purposes as a single housekeeping unit. In no case shall a motor home, trailer coach, tent, or portable building be considered a DWELLING.
   DWELLING, ATTACHED. A dwelling designed as a single structure, containing separate dwelling units, each of which is designed to be occupied as a separate permanent residence for one family or household. Each dwelling is separated from the other by a wall extending from the ground to the roof or a ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
   DWELLING, DETACHED. A dwelling which is entirely surrounded by open space on the same lot.
   DWELLING UNIT. A dwelling unit consists of 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 family or household, which include permanently installed bathroom and kitchen facilities.
   EASEMENT. Land which has been designed by lawful agreement between the owner(s) of the land and a person(s) for a specified use only by such person(s).
   EAVE. The projecting lower edges of a roof overhanging the wall of a building.
   ENCROACHMENT. The extension or placement of any structure or building, or component of such, into a required setback.
   ERECT. To build, construct, attach, hang, place, suspend or affix.
   EXTERIOR STAIRWELL. One or more flights of stairs and the necessary landings and platforms connecting them to form a continuous passage from the entryway of one floor or level to another in a building or structure located on the exterior of a principal building.
   FAMILY. Any number of individuals related by blood, marriage or adoption, living and cooking together in the same premises as a single housekeeping unit, but not including more than two boarders or lodgers.
   FARMER’S MARKET. The seasonal selling or offering for sale of home-grown vegetables or produce, occurring in a pre-designated area where the vendors are generally individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.
   FENCE. An artificially constructed barrier of wood, masonry, stone, wire, metal or other combination of materials erected to enclose or screen. An artificially constructed barrier of wood, masonry, stone, wire, metal or other combination of materials use to separate an area, which is not fully enclosed, is also considered a FENCE.
   FENCE, SOLID SCREEN. A fence, including gates, which conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted beyond it.
   FLAGS. Flags, symbols or crests of nations, of any organization or nations, states and cities, fraternal, religious and civic organizations.
   FLOOR AREA, GROSS. The sum of the gross horizontal area of the plans of the several floors of a building, as measured from the outside face of the walls.
   FOOTCANDLE. A unit of illumination. It is equivalent to the illumination at all points that are one foot distant from uniform source of one candlepower.
   FREQUENCY. Signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.
   GARAGE. A building, either attached or detached, used or designed to be used for the parking and storage of vehicles by those resident upon the premises.
   GAZEBO. A freestanding outdoor structure that is open-sided in design for recreational use and not for habitation.
   GENERATOR. A permanently-installed device for generating electrical energy during a public electric utility outage.
   GRADE. The grade shall be determined as the elevation at the midpoint of each side lot line. Where a side lot line is abutting a public sidewalk, the ground level shall be measured at the sidewalk or curb.
   GREENHOUSE, PRIVATE. A building or structure constructed chiefly of glass, glasslike or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants.
   HEDGE. A row of closely planted shrubs, bushes, or any kind of plant forming a boundary or fence.
   HOME OCCUPATION. An occupation carried on in a dwelling unit by the resident, where the use of the dwelling unit for the occupation is secondary to the use of the dwelling unit for residential purposes.
   HOUSEHOLD. Any number of individuals living together on the premises as a single housekeeping unit.
   IMPERVIOUS SURFACE. A measure of intensity of land use that represents the portion of a site that is occupied by buildings, structures, pavement, and other impervious surfaces that do not allow for the absorption of water. Semi-pervious surface areas (e.g., permeable pavers) may be counted as IMPERVIOUS SURFACE at a reduced rate based on the coefficient of permeability. Unroofed, unenclosed accessory structures, where water is allowed to drain to a pervious surface, such as decks constructed of wood slats, are not included in IMPERVIOUS SURFACE calculations.
   INCOMPATIBLE USE. A use that is incapable of direct association with certain other uses because it is contradictory, incongruous or discordant.
   INTENSITY OF USE. Square feet of gross floor area, number of dwelling units, number of employees, or other factor used as a basis for requiring parking or loading facilities.
   LIGHTING, FULLY SHIELDED. A fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
   LIGHTING, UNSHIELDED. A fixture that allows light, either directly from the lamp or indirectly from the fixture or a reflector, to be emitted above the horizontal plane running through the lowest point on the fixture where light is emitted.
   LOADING BERTH. A space within a loading facility exclusive of driveways, aisles, maneuvering areas, ramps, columns, landscaping areas, office, and work areas for the temporary parking of a commercial vehicle while loading or unloading goods or materials, and which abuts upon a street, alley, or other appropriate means of access.
   LOGO. A business trademark or symbol.
   LOT. A 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.
   LOT AREA. The computed area of the zoning lot contained within the lot lines.
   LOT, CORNER. A lot situated at the junction of, and abutting on, two or more intersecting streets.
   LOT DEPTH. The distance from the front lot line to the rear lot line a measured by averaging the length of the side lot lines.
   LOT, DOUBLE FRONTAGE. A lot having frontage on two (2) nonintersecting streets.
   LOT, INTERIOR. A lot other than a corner lot or a through lot.
   LOT LINE. A property boundary line of any lot. Where any portion of the lot extends into an abutting street or alley, the LOT LINE shall be deemed to be the established or existing street or alley right-of-way line.
   LOT LINE, CORNER SIDE. The lot line that is perpendicular or approximately perpendicular to the front lot line, which separates the longest street frontage of a corner lot from the street.
   LOT LINE, FRONT. The lot line that abuts a street. For the purposes of this Code, the FRONT LOT LINE of a corner lot shall be the shortest street frontage of the lot. In the case of interior lots with irregularly shaped FRONT LOT LINES, the entire length of the lot line that abuts a street shall be considered the FRONT LOT LINE. (See Figure 17-2: Irregular Front Lot Line.)
   FIGURE 17-2: IRREGULAR FRONT LOT LINE
 
   LOT LINE, INTERIOR SIDE. The lot line that is not abutting a street and is not a rear lot line.
   LOT LINE, REAR. The lot line that is most distant from and is, or is approximately, parallel to the front lot line.
   LOT LINE, SIDE. A lot line that is not a front lot line or a rear lot line, which may be an “Interior Side Lot Line” or “Corner Side Lot Line.”
   LOT OF RECORD. A lot that is part of a subdivision, the plat of which has been recorded in the Office of the Cook County Recorder of Deeds, or a parcel of land separately described as a single tract of land in a recorded deed.
   LOT WIDTH. The horizontal distance between side lot lines measured along a line parallel to the front lot line along the minimum front setback.
   LOT, ZONING. A tract of land located within a block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. A ZONING LOT may or may not coincide with a “Lot of Record.”
   LUMINAIRE. A complete lighting unit extending from a support structure, parallel to the ground, consisting of a light source and all necessary mechanical, electrical and decorative parts. A LUMINAIRE does not include a pole or other support.
   MEMORIAL PLAQUE. A sign, tablet, or plaque memorializing a person, event, structure, or site.
   MOTOR VEHICLE. Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.
   MOVIE THEATER. A theater designed for showing movies or motion pictures.
   NAMEPLATE. A sign indicating the name and address of the person or persons occupying the lot or a part of the building.
   NONCONFORMING LOT. A lot of record that does not meet the lot area or lot width requirements of this Code for the zoning district in which it is located.
   NONCONFORMING USE OR STRUCTURE. An existing use or structure, or part or appurtenance thereof, not in conformance with the requirements of this Code.
   OFF-PREMISES SIGN. A sign, typically a freestanding wall or roof sign, that advertises a business or product but is not located on the premises where the business is located or the product is the primary product available for sale.
   OFF-STREET PARKING. The storage space for an automobile on premises other than streets or right-of way.
   ON-RIGHT-OF-WAY PARKING. The storage space for an automobile that is located within the street right-of-way.
   OUTDOOR DISPLAY AND SALES AREA. Part of a lot used for outdoor sales and/or display of goods accessory to the principal use.
   OUTDOOR FIREPLACE. A self-contained, manufactured noncombustible cooking unit provided with a tight-fitting screen or lid and supported off the ground by non-combustible legs.
   OUTDOOR STORAGE. The keeping of any goods, material, merchandise or equipment not within an enclosed building, including incidental maintenance and repair of the material that is being stored.
   OWNER. A titleholder of record, or if title is held in trust, the beneficiary of the trust or the person or persons who have acquired any interest in the property by contract or purchase or otherwise.
   PARAPET. The extension of a false front or wall above a roof-line.
   PARKWAY. The area, excluding the sidewalk, if any, between the property line and the curb or, in the absence of a curb, between the property line and the nearest edge of the street paving.
   PARTY WALL. A wall starting from the foundation and extending continuously through all stories to or above the roof, that separates one building from another, but is in joint use by each building.
   PATIO. An impervious surface, no higher than one foot above the ground, designed and intended for recreational use by people and not as a parking space.
   PAWN SHOP. An establishment that lends money on the deposit or pledge of physically delivered personal property, and who may also purchase of such property on the condition of selling it back again at a stipulated price. PAWN SHOP shall include establishments that buy personal property, such as jewelry or artwork, made of gold or other valuable metals for refining. Consignment shops and antique shops are not considered PAWN SHOPS.
   PAYDAY/TITLE LOAN AGENCY. An establishment providing loans to individuals in exchange for receiving personal checks or the original title to the borrower’s motor vehicle as collateral.
   PERFORMANCE STANDARDS. A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire, and explosive hazards, or glare of heat generated by or inherent in use of land or buildings.
   PERSON. For the purposes of this Code, any individual, corporation, association, firm, partnership or joint venture.
   POOL HALL. Establishments that provide, as a principal use, pool tables or billiard tables or a combination thereof for customer use.
   PORCH. A structure, which can be enclosed or unenclosed, 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. An UNENCLOSED PORCH is a porch that is open on two or more sides, and may have a railing along the edge. An ENCLOSED PORCH is a porch that is enclosed by walls, screens, lattice or other material on two or more sides. A screened-in porch shall be considered an ENCLOSED PORCH.
   PRINCIPAL BUILDING. A non-accessory building in which a principal use of the lot on which it is located is conducted.
   PRINCIPAL USE. The main use of land or structure as distinguished from an accessory use.
   PROPERTY LINE. The lines bounding a zoning lot.
   PUBLIC USE AREA (FOR PARKING STANDARD CALCULATIONS). The area within a use where the public or a substantial number of the public has access to, including but not limited to, such areas as dining rooms, restrooms, bar seating, display areas, and the like.
   PUMPKIN PATCH. A retail sales operation, generally conducted wholly outdoors, that offers for sale on a temporary, limited basis pumpkins and related holiday (Halloween) items.
   REAL ESTATE MODEL UNIT. A residential unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental in a particular subdivision or other residential development. MODEL UNITS may also incorporate sales or rental offices for dwellings within the development.
   RECREATIONAL VEHICLE. A vehicular unit, which is designed as a temporary dwelling for travel, recreational and vacation use, and which is self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer, or van.
   RELATED PARTY. Person(s) related to each other by blood or marriage, or entities (corporations, limited liability companies, trusts, or partnerships) whose officers, trustees, shareholders, partners or members are either the same person or are related to each other by blood or marriage.
   RETAINING WALL. A raised area of soil with the top leveled, supported around the edges by stone or timber, designed to resist lateral earth and/or fluid pressures, including any surcharge. This definition of RETAINING WALL shall, for the purposes of this Code, include terracing used in landscaping.
   ROOFLINE. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.
   SATELLITE DISH ANTENNA. A dish antenna designed for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication or other signals from other antennas, satellites or other services.
   SETBACK. The required minimum distance a building or structure, or other improvement on a lot, must be located from a lot line. A SETBACK extends along a lot line for a depth specified by the zoning district in which such lot is located. (See Figure 17-3: Setback Definitions.)
   SETBACK, CORNER SIDE. The required minimum distance a building or structure, or other improvement on a lot, must be located from an corner side lot line. The CORNER SIDE SETBACK extends along the corner side lot line between the front setback and the rear lot line, for the required minimum depth, as specified for the district in which such lot is located, measured perpendicular to the corner side lot line. (See Figure 17-3.)
   SETBACK, FRONT. The required minimum distance a building or structure, or other improvement on a lot, must be located from a front lot line. The FRONT SETBACK extends the full width of the lot between side lot lines for the required minimum depth, as specified by the zoning district in which such lot is located, measured perpendicular to the front lot line. (See Figure 17-3.)
   SETBACK, INTERIOR SIDE. The required minimum distance a building or structure, or other improvement on a lot, must be located from an interior side lot line. The INTERIOR SIDE SETBACK extends along an interior side lot line between the front and rear setbacks, for the required minimum depth, as specified for the district in which such lot is located, measured perpendicular to the interior side lot line. (See Figure 17-3.)
   SETBACK, REAR. The required minimum distance a building or structure, or other improvement on a lot, must be located from a rear lot line. The REAR SETBACK extends between the side lot lines for the required minimum depth, as specified by the zoning district in which such lot is located, measured perpendicular to the rear lot line. (See Figure 17-3.)
   FIGURE 17-3: SETBACK DEFINITIONS
 
   SHED. A relatively small accessory building often purchased pre-built or as a kit in pre-fabricated sections. It is not designed to be served by heat, electricity, or plumbing and does not need to be placed on a permanent foundation. A SHED is typically intended to store lawn, garden, or pool care equipment.
   SHOPPING CENTER. A group of retail and other commercial establishments that is planned, owned and managed as a single property. The center’s size and orientation are generally determined by the market characteristics of the trade area served by the center. The two main configurations of shopping centers are malls and strip centers.
   SIGN. A name, identification, description, display, illustration or attention-getting device which is affixed to or painted or represented directly or indirectly upon a building or other outdoor surface or lot, and which directs attention to a person, business, product, service, place, organization or entertainment. SIGN shall not include the flag of any nation, state or governmental entity.
   SIGN, A-FRAME. An sign ordinarily in the shape of an “A,” or some variation thereof, located on the ground, not permanently attached and easily movable, and usually two-sided.
   SIGN, ANIMATED. Any sign which uses movement or change of lighting to depict action or to create a special effect or scene. ANIMATED SIGNS do not include “Electronic Message Signs.”
   SIGN, AWNING. A sign that is printed or displayed upon an awning.
   SIGN, BANNER. Any sign printed or displayed upon cloth or other flexible material with or without frames. A BANNER, in compliance with the regulations of this Code, is not considered an “Attention-Getting Device.”
   SIGN, CANOPY. A sign that is printed or displayed upon a canopy.
   SIGN, CONSTRUCTION. A temporary sign identifying an architect, contractor, subcontractor and/or material supplier participating in construction on the property on which the sign is located and which may identify the proposed use for the property.
   SIGN, DIRECTIONAL. A sign that identifies parking lot entrances and exits, restrooms, public telephone, walkways, parking lot entrances and exits, and features of a similar nature. This sign may contain the name or insignia of the business.
   SIGN, DIRECTORY. A sign that serves as common or collective classification for a group of persons or businesses operating on the same zoning lot (e.g., shopping center, office complex, and the like). Such sign may name the persons or businesses included, but carry no other advertising matter.
   SIGN, ELECTRONIC DISPLAY SCREEN. A sign, or portion of a sign, that displays an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, flat screens, LED screens, video boards, and holographic displays. ELECTRONIC DISPLAY SCREENS are prohibited.
   SIGN, ELECTRONIC MESSAGE. Any sign or portion of a sign that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.
   SIGN, FLASHING. A sign which contains an intermittent or sequential flashing light source used primarily to attract attention. FLASHING SIGNS do not include “Electronic Message Signs.”
   SIGN, MENU BOARD. A device which functions to list items for sale at an establishment with drive-through facilities.
   SIGN, MONUMENT. Any sign placed upon or supported by the ground independently of any other structure. MONUMENT SIGNS are typically mounted on a masonry base.
   SIGN, MOVING. Any sign which, in whole or in part, rotates, elevates or in any way alters position or geometry. MOVING SIGNS do not include clocks.
   SIGN, MUNICIPAL. A sign erected and maintained pursuant to, and in discharge of, any municipal functions or as required by law, including but not limited to, speed limit signs, stop signs, village limit signs, street name signs, historical or government sites, and directional signs.
   SIGN, NONCONFORMING. A sign lawfully erected and maintained prior to the adoption of this Code that does not conform to the requirements of this Code.
   SIGN, OCCUPATIONAL. A sign indicating the name and profession of an occupant of the lot or a part of the building.
   SIGN, OFF-PREMISE. A sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at any location other than upon the premises where such sign is located or to which it is affixed.
   SIGN, POLE. A sign erected and maintained on a freestanding mast(s) or pole(s) and not attached to any building, but not including “Monument Signs.”
   SIGN, POLITICAL. A sign advocating action on a public issue or recommending a candidate for public office.
   SIGN, PORTABLE. A sign whose principal supporting structure is intended, by design and construction, to be used by resting upon the ground for support and may be easily moved or relocated for reuse. PORTABLE SIGNS shall include but are not limited to signs mounted upon a trailer, wheeled carrier or other non-motorized mobile structure, with wheels or with wheels removed.
   SIGN, PROJECTING. Any sign that is attached to a building or other structure, and extends beyond the surface of the building or structure to which it is attached.
   SIGN, REAL ESTATE. A sign advertising the real estate upon which the sign is located as being for rent, lease or sale. A REAL ESTATE SIGN can also advertise an open house.
   SIGN, REAR SERVICE DOOR. Signs containing only the name and address of the tenant whose business utilizes the rear service door on which the sign is located.
   SIGN, RESIDENTIAL DEVELOPMENT. Signs identifying a subdivision, condominium complex, apartment complex or other residential development.
   SIGN, ROOF. Any sign wholly erected, constructed, or maintained above the roof structure or parapet of any building with the principal support attached to the roof structure.
   SIGN, SNIPE. A temporary sign or poster affixed to a tree, fence, utility pole and the like.
   SIGN, UNDER-AWNING. Any sign attached to and mounted under an awning. (See Figure 17-4: Under-Awning Sign.)
   FIGURE 17-4: UNDER-AWNING SIGN
 
   SIGN, WALL. A sign mounted flat against and projecting less than 12 inches from the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of the wall. WALL SIGN shall not include “Window Sign” as defined herein.
   SIGN, WINDOW. A sign attached to, placed upon, or printed on the interior or exterior of a window or door of a building intended for viewing from the exterior of such a building. A WINDOW SIGN may be either permanent or temporary.
   SOLAR PANEL. A device that collects and converts direct sunlight as a source of energy for such purposes as heating or cooling a structure, heating or pumping water, or generating electricity. SOLAR PANEL includes solar thermal panels.
   STACKING SPACE. A space specifically designated as a waiting area for vehicles patronizing a drive-through establishment.
   STOOP. An exterior floor typically, but not necessarily, constructed of concrete and/or masonry, with a finished floor elevation higher than the adjacent ground level, often with steps leading up to it, and utilized primarily as an access platform to a building.
   STORY. That portion of a building other than a basement included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
   STORY, HALF. That portion of a building under the gable, hip or gambrel roof, the wall plates of which on at least two sides (opposite exterior walls) are not more than three feet above the floor of such story.
   STREET. An improved right-of-way that affords a primary means of access to abutting property.
   STREET WALL. The wall of a building nearest to and facing on a street.
   STRUCTURAL ALTERATION. Any change 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.
   STRUCTURE. Anything erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground.
   STRUCTURE, TEMPORARY. Any structure not designed to be permanently located, placed or affixed in the place where it is or where it is intended to be placed.
   SWIMMING POOL. A receptacle for water and/or an artificial pool of water over 24 inches in depth, either at a private residence intended only for the use of the individual owner, his or her family and friends, or at a multiple-unit residence intended only for the use of the tenants of the building, their families and friends. Temporary swimming pools of plastic, rubberized cloth or similar material over 24 inches in depth are subject to the same standards as permanent swimming pools.
   TEMPORARY CONTRACTOR TRAILER. This use includes watchman’s trailers, construction equipment sheds, contractor trailers and similar uses incidental to a construction project and sales of homes within a newly constructed development.
   TEMPORARY STORAGE CONTAINER. Temporary self-storage containers delivered to residential or commercial uses for the resident or business owner to store belongings, and then picked up and returned to a warehouse until called for. Also known as “PODS” (Portable On-Demand Storage Containers).
   TRELLIS. A frame made of bars of wood or metal crossed over each other, fixed to a wall, to support vines or climbing plants.
   USE. The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
   USE, PERMITTED. A use permitted in a zoning district without the need for special administrative review and approval, upon satisfaction of the standards and requirements of this Code.
   USE, SPECIAL. A use that owing to some special characteristics attendant to its operation or installation is permitted in a zoning district only after review, and is subject to approval by the Village Board.
   WALL. A constructed solid barrier of concrete, stone, brick, tile or similar type of material that closes, marks, or borders a field, yard, or lot, and that limits visibility and restricts the flow of air and light.
   WATER GARDEN. Any ornamental tub, pool, or other natural or artificial water container planted with aquatic plants.
   YARD. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise permitted by this Code. (See Figure 17-5: Yard Definitions.)
   YARD, CORNER SIDE. The open space between the closest point of the principal building and the side line of the lot which abuts a street and extending from the front line of the building to the rear line of the building. (See Figure 17-5.)
   YARD, FRONT. The open space across the full width of the lot extending from the closest point of the front line of the principal building to the front line of the lot. On corner lots, the FRONT YARD shall face the shortest dimension of the lot adjacent to the street. (See Figure 17-5.)
   YARD, INTERIOR SIDE. The open space between the closest point of the principal building and the side line of the lot and extending from the front line to the rear line of the building. (See Figure 17-5.)
   YARD, REAR. The open space extending the full width of the lot between the closest point of the principal building and the rear lot line. (See Figure 17-5.)
   FIGURE 17-5: YARD DEFINITIONS
 
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18; Ord. 1083, passed 4-24-18; Ord. 1205, passed 7-25-23)

§ 153.998 ENFORCEMENT.

   This chapter shall be enforced by the Zoning Administrator. The Zoning Administrator may secure the assistance of the Village Attorney to seek an injunction, abatement or other appropriate actions to enjoin, abate, or stop any violation of this chapter. At times, the aid of the Police Department may be sought to enforce this chapter. The property owner charged with the violation may be held responsible for any legal expenses incurred by the village.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18)

§ 153.999 PENALTY.

   (A)   Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, upon conviction, shall be fined for each offence. Each day that a violation continues shall constitute a separate offense for the purposes of the penalties and remedies available to the village. The accumulation of penalties for violations, but not the obligation for payment for violations already committed, shall cease upon correction of the violation.
   (B)   Fines. Each violation, and each day that such violation continues, shall be subject to a fine as established in the Village Code.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18)