(A)   General.

      (1)   Basis for classifications. Use categories classify land uses and activities into use categories based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. The use categories provide a systematic basis for assigning present and future land uses into appropriate zoning districts.

      (2)   Principal uses. Principal uses are assigned to the category that most closely describes the nature of the principal use. The “characteristics” subsection of each use category describes the common characteristics of each principal use.

      (3)   Developments with multiple principal uses. When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore, and bakery, for example, would be classified in the retail sales and service category because all of the development’s principal uses are in that category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to all applicable regulations for that category.

      (4)   Accessory uses. Accessory uses are allowed by right in conjunction with a principal use unless otherwise stated in the regulations. Also, unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the use category descriptions.

      (5)   Use of examples. The “examples” subsection of each use category lists common examples of uses included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself “wholesale warehouse” but that sells mostly to consumers, is included in the retail sales and service category rather than the wholesale sales category. This is because the actual activity on the site matches the description of the retail sales and service category.

   (B)   Similar use interpretations. The standards of this section shall guide officials in making similar use interpretations.

      (1)   Authority. If an application is submitted for a use type not listed in § 151.111, the Planning, Building and Development Director shall be authorized to make a similar use interpretation, based on the following considerations:

         (a)   The actual or projected characteristics of the activity in relationship to the stated characteristics of each use type;

         (b)   The relative amount of site area or floor space and equipment devoted to the activity;

         (c)   Relative amounts of sales from each activity;

         (d)   The customer type for each activity;

         (e)   The relative number of employees in each activity;

         (f)   Hours of operation;

         (g)   Building and site arrangement;

         (h)   Vehicles used with the activity;

         (i)   The relative number of vehicle trips generated by the use;

         (j)   Signs;

         (k)   How the use advertises itself; and

         (l)   Whether the activity is likely to be found independent of the other activities on the site.

      (2)   Use interpretation standards.

         (a)   No similar use interpretation shall allow a use in a zoning district when that use is a permitted or a conditional use in any other zoning district.

         (b)   No similar use interpretation shall permit any use in any zoning district unless evidence shall be presented demonstrating that it will comply with all applicable use standards and all other applicable requirements and standards of this chapter.

         (c)   No similar use interpretation shall permit any use in a zoning district unless the use is more similar to those uses than to permitted and conditional uses allowed in other zoning districts.

         (d)   If the proposed use is more similar to a use allowed only as a conditional use in the zoning district in which it is proposed to be located, then any similar use interpretation permitting that use shall require a conditional use permit.

      (3)   Effect of similar use interpretation. No similar use interpretation finding a particular use to be permitted or conditionally permitted in a specific district shall authorize the establishment of the use or the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by the codes and ordinances of the county or other governmental agencies having jurisdiction. These permits and approvals include but are not limited to conditional use permits, building permits, and certificates of occupancy.

   (C)   Residential use categories.

      (1)   Household living.

         (a)   Characteristics. Household living is characterized by the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered a form of transient lodging (see the retail sales and service and community service categories).

         (b)   Accessory uses. Accessory uses commonly associated with Household Living are recreational activities, raising of pets, hobbies and parking of the occupants’ vehicles. Home occupations are accessory uses that are subject to additional regulations.

         (c)   Examples. Examples of household living use (structure) types include: atrium house, attached dwelling (attached to nonresidential use), duplex, detached house, lot line house, mobile home park, multi-dwelling structure, multiplex, patio house, townhouse, twinhouse, and village houses.

   (D)   Public, civic, and institutional use categories.

      (1)   Assisted living.

         (a)   Characteristics. Assisted living is characterized by occupancy of a structure by a group of people with developmental disabilities. The residents may receive care, training, or treatment. Caregivers may (or may not) reside at the site.

         (b)   Accessory uses. Accessory uses include offices, cafeterias, parking, maintenance facilities.

         (c)   Examples. Examples of assisted living include nursing and convalescent homes; certain group homes for the physically disabled, mentally retarded, or emotionally disturbed; and some residential programs for drug and alcohol treatment.

      (2)   Colleges.

         (a)   Characteristics. This category includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree or professional accreditation. Colleges tend to be in campus-like settings or on multiple blocks.

         (b)   Accessory uses. Accessory uses include offices, housing for students, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities, and support commercial.

         (c)   Examples. Examples include community colleges, liberal arts colleges, medical schools not accessory to hospitals, personnel training centers, seminaries, and universities.

         (d)   Exceptions. Business and trade schools are classified as retail sales and service.

      (3)   Community service.

         (a)   Characteristics. Community services are uses of a public, non-profit, or charitable nature generally providing a local service to people of the community. Generally, they provide the service on-site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community services or facilities that have membership provisions are open to the general public to join at any time, (for instance, any senior citizen could join a senior center). The use may provide special counseling, education, or training of a public, non-profit, or charitable nature.

         (b)   Accessory uses. Accessory uses may include offices; meeting areas; food preparation areas; parking, health and therapy areas; and athletic facilities.

         (c)   Examples. Examples of the community service uses “not otherwise classified” include the following: libraries, museums, neighborhood or community centers, senior centers, and youth club facilities.

         (d)   Exceptions.

            1.   Private lodges, clubs and private or commercial athletic or health clubs are classified as retail sales and service.

            2.   Public parks and recreation are classified as parks and open space.

      (4)   Day care.

         (a)   Characteristics. Day care uses provide care, protection, and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day.

         (b)   Accessory uses. Accessory uses include offices, recreation areas, and parking.

         (c)   Examples. Examples include adult day care programs (for more than seven individuals), child care center (for more than seven individuals), day care facility (seven plus children or adults), family child care, group child care (for more than seven individuals), nursery schools (for more than seven individuals), and preschools (for more than seven individuals).

         (d)   Exceptions. Day care does not include public or private schools or facilities operated in connection with an employment use, shopping center, or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity. Day care for seven or fewer individuals at any one time is considered “babysitting” and is regulated as a home occupation.

            1.   Lodging where tenancy may be arranged for periods of less than 30 days is to be considered a hotel or motel use and classified in the retail sales and service category.

            2.   Lodging where the residents meet the definition of household and where tenancy is arranged on a month-to-month basis, or for a longer period is classified as household living.

            1.   Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified in the assisted living category;

            2.   Medical clinics or offices that provide care where patients are generally not kept overnight are classified as offices; and

            3.   Emergency medical clinics are classified as retail sales and service.

            1.   Preschools are classified as day care uses; and

            2.   Schools are classified as schools.

         (a)   Characteristics. This category includes schools at the primary, elementary, middle, junior high, or high school level that are recognized by the State Board of Education.

            1.   Preschools are classified as day care uses; and

            2.   Business, music, art, martial art, trade, and other similar schools are classified as schools, private.

            1.   Public schools are classified as schools; and

            2.   Preschools are classified as day care uses.

   (E)   Retail, service, and commercial use categories.

      (1)   Entertainment event, major.

         (a)   Characteristics. Major entertain-ment event uses are characterized by activities and structures that draw large numbers of people to specific events or shows. Activities are generally of a spectator nature.

         (b)   Accessory uses. Accessory uses may include restaurants, bars, concessions, parking, and maintenance facilities.

         (c)   Examples. Examples include amphitheaters, stadiums, sports arenas, coliseums, auditoriums, exhibition and meeting areas, and fairgrounds.

         (d)   Exceptions.

            1.   Exhibition and meeting areas with less than 20,000 square feet of total event area are classified as retail sales and service.

            2.   Banquet halls that are part of hotels or restaurants are accessory to those uses, which are included in the retail sales and service category.

            3.   Theaters, including drive-in theaters, are classified as retail sales and service.

            4.   Recreation or entertainment uses conducted on a continuous basis are classified as outdoor recreation and entertainment or retail sales and service uses.

      (2)   Office.

         (a)   Characteristics. Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services.

         (b)   Accessory uses. Accessory uses may include cafeterias, health facilities, gift shops, dry cleaning pick-up stations, parking, or other amenities primarily for the use of employees or customers of permitted primary uses.

         (c)   Examples. Examples of the office uses “not otherwise classified” include the following: professional services such as lawyers, accountants, engineers, or architects; financial businesses such as lenders, brokerage houses, bank headquarters, or real estate agents; data processing; sales offices; government offices and public utilities offices; TV and radio studios; medical and dental clinics (including minor emergency centers), medical and dental labs; and blood-collection facilities.

         (d)   Exceptions.

            1.   Offices that are part of and located with a principal use in another category are considered accessory to the firm’s primary activity. Headquarters offices, when in conjunction with or adjacent to a principal use in another category, are considered part of the other category.

            2.   Contractors and others who perform services off-site are included in the office category if equipment and materials are not stored on the site and fabrication, services, or similar work is not carried on at the site.

      (3)   Parking, commercial.

         (a)   Characteristics. Commercial parking facilities provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a commercial parking facility.

         (b)   Examples. Examples include short- and long-term fee parking facilities, park-and-ride facilities, and mixed parking lots (partially accessory to a specific use, partly for rent to others).

         (c)   Exceptions.

            1.   Parking facilities that are accessory to a use, but that charge the public to park for occasional events nearby, are not considered commercial parking facilities.

            2.   Parking facilities that are accessory to a principal use are not considered commercial parking uses, even if the operator leases the facility to the principal use or charges a fee to the individuals who park in the facility.

      (4)   Recreation and entertainment, outdoor.

         (a)   Characteristics. Outdoor recreation and entertainment uses are large, generally commercial uses that provide continuous recreation or entertainment-oriented activities. They primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting.

         (b)   Accessory uses. Accessory uses may include concessions, restaurants, parking, caretaker’s quarters, and maintenance facilities.

         (c)   Examples. Examples of the recreation and entertainment, outdoor uses “not otherwise classified” include the following: archery ranges (outdoor), commercial parks/playgrounds, miniature golf course, recreational uses (outdoor), skating rinks (outdoor), ski or toboggan clubs, polo clubs, commercial swimming pools, outdoor theaters, theme parks, and zoos.

         (d)   Exceptions.

            1.   Golf courses are classified as parks and open space.

            2.   Uses that draw large numbers of people to periodic events, rather than on a continuous basis, are classified as major entertainment events.

      (5)   Retail sales and service.

         (a)   Characteristics. Retail sales and service firms are involved in the sale, lease, or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods.

         (b)   Accessory uses. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale and parking.

         (c)   Examples. Examples of the retail sales and service uses “not otherwise classified” include uses from the three following groups:

            2.   General (shall include all neighborhood-oriented uses and the following). Appliance sales and repair, business machine sales and service, catering services, department stores, exterminators, farriers, firewood sales, fish markets, floor covering sales, funeral homes, furnace/water heater sales, furniture stores, furniture repair, golf-cart sales and service, home improvement stores, household product stores, meat markets, mortuaries, pawn shops, plumbing supplies and fixture sales/service (retail), rental of equipment and supplies, shopping centers, taxidermists, union halls, upholsterers, and water softening equipment sales/service.

            3.   Recreational-oriented. Amusement arcades, archery ranges (indoor), bait shop, bars, billiard parlors, bowling alleys, dance halls, lodges, nightclubs, pool halls, private clubs, recreational uses (indoor), resorts, shooting ranges (indoor), skating rinks (indoor), taverns, and theaters (indoor).

         (d)   Exceptions.

            1.   Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation are classified as wholesale sales.

            2.   Repair and service of consumer motor vehicles, motorcycles and light and medium trucks is classified as vehicle service/repair. Repair and service of industrial vehicles and equipment and heavy trucks is classified as industrial sales and service.

            3.   Sales, rental, or leasing of heavy trucks and equipment or manufactured housing units are classified as wholesale sales.

            4.   Hotels, restaurants, and other services that are part of a truck stop are considered accessory to the truck stop which is classified as industrial sales and service.

            5.   In certain situations, hotels and motels may be classified as a community service use, such as short-term housing or mass shelter. See “community service”.

      (6)   Self-service storage.

         (a)   Characteristics. Self-service storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.

         (b)   Accessory uses. Accessory uses may include living quarters for a resident manager or security and leasing offices. Use of the storage areas for sales, service and repair operations, or manufacturing is not considered accessory to the self-service storage use. The rental of trucks or equipment is also not considered accessory to a self-service storage use.

         (c)   Examples. Examples include facilities that provide individual storage areas for rent. These uses are also called mini-warehouses.

         (d)   Exceptions. A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the warehouse and freight movement category.

      (7)   Vehicle repair.

         (a)   Characteristics. Vehicle repair firms, service passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, and recreational vehicles. Generally, the customer does not wait at the site while the service or repair is being performed.

         (b)   Accessory uses. Accessory uses may include offices, sales of parts, and vehicle storage.

         (c)   Examples. Examples include alignment shop, auto body shop, auto detailing and tire sales and mounting, auto repair, auto upholstery shop, motorcycle, lawnmower and other small engine repair, recreational vehicle service, transmission or muffler shop.

         (d)   Exceptions.

            1.   Repair and service of boats and equipment are classified as boat sales/ rental/storage/service.

            2.   Repair and service of industrial vehicles and equipment and of heavy trucks; towing and vehicle storage; and vehicle wrecking and salvage are classified as industrial sales and service.

      (8)   Vehicle service, limited.

         (a)   Characteristics. Limited vehicle service uses provide direct services to motor vehicles where the driver or passengers generally wait in the car or nearby while the service is performed.

         (b)   Accessory uses. Accessory uses may include auto repair and tire sales.

         (c)   Examples. Examples include car washes, quick lubrication services and service stations (full-service or self-service).

         (d)   Exceptions.

            1.   Truck stops are classified as industrial sales and service.

            2.   Refueling facilities for vehicles that belong to a specific use (fleet vehicles) are considered accessory uses if they are located on the site of the principal use.

   (F)   Industrial use categories.

      (1)   Industrial sales and service.

         (a)   Characteristics. Industrial sales and service firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site.

         (b)   Accessory uses. Accessory activities may include offices, parking, and storage.

         (c)   Examples. Examples of the industrial sales and service uses “not otherwise classified” include uses from the two following groups:

            1.   Commercial service-oriented. Agricultural implement sales/service, auto and truck salvaging and wrecking, carpet/rug cleaning plants, dry cleaning/dyeing plants (wholesale), fuel oil distributors, fuel sales (wholesale), gas/butane and propane sales, furniture refinishing, janitorial and building maintenance services, metal and building material sales, mobile home sales, repair of scientific or professional instruments, tool repair, towing service and vehicle storage, truck (heavy) servicing and repair, truck stops, truck/trailer sales, repair or rental, and well drilling services; and

            2.   General (shall include all commercial service-oriented uses and the following). Heavy machinery sales, machine shops, rendering or tanning plants, sewage disposal (individual), systems sales/service, tire re-treading or recapping, and welding shops.

         (d)   Exceptions.

            1.   Contractors and others who perform services off-site are included in the office category, if major equipment and materials are not stored at the site and fabrication, or similar work is not carried on at the site.

            2.   Hotels, restaurants, and other services that are part of a truck stop are considered accessory to the truck stop.

      (2)   Manufacturing and production.

         (a)   Characteristics. Manufacturing and production firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site.

         (b)   Accessory uses. Accessory activities may include offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker’s quarters.

         (c)   Examples. Examples of the manufacturing and production uses “not otherwise classified” include the following: advertising display construction/sign shop; bakery; concrete batching and asphalt mixing; custom boatworks; food and related products processing; food processing and packing; lumber mills; manufacture or production of artwork and toys; manufacture or production of chemical, rubber, leather, mulch, clay, bone, plastic, stone, or glass materials or products; manufacture or assembly of machinery, equipment, instruments, including musical instruments, vehicles, appliances, precision items and other electrical items; manufacture, production or fabrication of metals or metal products including enameling and galvanizing, manufactured housing unit production and fabrication; monument works; movie production facilities; ornamental iron work shop; printing, publishing and lithography; pulp and paper mills and other wood products manufacturing; research laboratory, including but not limited to pure research, product development, pilot plants and research manufacturing facilities; sign making; slaughterhouse; meat packing; weaving or production of textiles or apparel; and woodworking, including cabinet makers.

         (d)   Exceptions.

            1.   Manufacturing of goods to be sold primarily on-site and to the general public are classified as retail sales and service.

            2.   Manufacture and production of goods from composting organic material is classified as waste-related uses.

      (3)   Warehouse and freight movement.

         (a)   Characteristics. Warehouse and freight movement firms are involved in the storage, or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present.

         (b)   Accessory uses. Accessory uses may include offices, truck fleet parking, and maintenance areas.

         (c)   Examples. Examples include machinery storage yard, recreational vehicle storage, utility service yard or garage, bulk materials storage, bus barns, cold storage plants, including frozen food lockers, freight terminal, motor/rail, grain elevators, moving companies and general freight storage, parcel services, post office (main), post offices, main, sand, gravel, or other aggregate materials stockpiling, truck, or air freight terminals, warehouse, warehouses (separate from retail business) used by retail stores such as furniture and appliance stores, and wholesale distribution centers.

         (d)   Exceptions.

            1.   Uses that involve the transfer or storage of solid or liquid wastes are classified as waste-related uses.

            2.   Mini-warehouses are classified as self-service storage uses.

      (4)   Waste-related.

         (a)   Characteristics. Characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material.

         (b)   Accessory uses. Accessory uses may include recycling of materials, offices, and repackaging and transshipment of by-products.

         (c)   Examples. Examples of the waste-related uses “not otherwise classified” include the following: energy recovery plants, hazardous-waste collection sites, sanitary landfills, and waste composting.

      (5)   Wholesale sales.

         (a)   Characteristics. Wholesale sales firms are involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer.

         (b)   Accessory uses. Accessory uses may include offices, product repair, warehouses, parking, minor fabrication services, and repackaging of goods.

         (c)   Examples. Examples include auction houses, mail order houses and wholesalers of food, clothing, auto parts, building hardware.

         (d)   Exceptions.

            1.   Firms that engage primarily in sales to the general public or on a membership basis are classified as retail sales and service.

            2.   Firms that are primarily storing goods with little on-site business activity are classified as warehouse and freight movement.

   (G)   Other use categories.

      (1)   Agriculture.

         (a)   Characteristics. Agriculture includes activities that primarily involve raising, producing, or keeping plants or farm animals.

         (b)   Accessory uses. Accessory uses include dwellings for proprietors and employees of the use and animal training. Private stables are a permitted accessory use in the AG, RE, E, and R-1 Districts. Equine assisted activities for people with disabilities are a permitted accessory use to stables on sites of at least 200,000 square feet.

      (2)   Aviation and surface transportation facilities.

         (a)   Characteristics. Aviation and surface transportation facilities includes facilities for the landing and takeoff of flying vehicles, including loading and unloading areas. Aviation facilities may be improved or unimproved. Aviation and surface transportation facilities also includes passenger terminals for aircraft, regional bus service, and regional rail service.

         (b)   Accessory uses. Accessory uses include freight handling areas, concessions, offices, parking, and maintenance and fueling facilities.

         (c)   Examples. Examples include airports, bus passenger terminals, bus terminal, helicopter landing facilities, and railroad passenger stations.

         (d)   Exceptions.

            1.   Bus and rail passenger stations for subregional service such as mass transit stops and park-and-ride facilities are classified as basic utilities.

            2.   Private helicopter landing facilities that are accessory to another use are considered accessory uses. However, they are subject to all the regulations and approval criteria for helicopter landing facilities, with the exception of helicopter landing facilities for hospitals.

            3.   Helicopter landing facilities that are established and operated by or on behalf of a governmental agency acting pursuant to its statutory purpose are classified as governmental uses.

      (3)   Mining.

         (a)   Characteristics. Mining includes mining or extraction of mineral or aggregate resources from the ground for off-site use.

         (b)   Accessory uses. Accessory uses include storage, sorting, stockpiling, or transfer off-site of the mined material.

         (c)   Examples. Examples include mining and resource extraction; oil, gas, or geothermal drilling; and quarrying or dredging for sand, gravel, or other aggregate materials.

         (a)   Characteristics. Tele-communications facilities are signal distribution systems used or operated by a telecommunications carrier under a license from the Federal Communications Commission consisting of a combination of improvements and equipment including one or more antennas; a supporting structure and the hardware by which antennas are attached; equipment housing; and ancillary equipment such as signal transmission cables and miscellaneous hardware. (For related definitions, see 55 ILCS 5/5-12001.1.)

         (b)   Accessory uses. Accessory uses may include transmitter facility buildings.

         (c)   Examples. Examples include broadcast towers, attached telecommunications facilities, telecommunications support towers, and point-to-point microwave towers.

         (d)   Exceptions.

            1.   Receive-only antennas are not included in this category and amateur radio facilities that are owned and operated by a federally-licensed amateur radio station operator are not included in this category.

            2.   Radio and television studios are classified in the office category.

      (6)   Wind apparatus.

         (a)   Characteristics. Wind apparatus consists of tower-mounted equipment designed and operated for the purpose of generating electricity through wind-power.

         (b)   Accessory uses. Accessory uses may include ground-based power-storage equipment, monitoring equipment, and transmission equipment.

         (c)   Examples. Examples of wind apparatus include windmills, wind turbines, and other similar structures.

         (d)   Exceptions.

            1.   For wind apparatus owned and operated by agencies that are under public franchise or ownership to provide the general public with electricity, see “utility, major”.

            2.   For government uses, see “community service”.

(Ord., § 14.1, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed - - ; Ord. 19-1378, passed 9-10-2019; Ord. 22-1356, passed 10-11-2022)

   Words and terms used in this chapter shall be given the meanings set forth in this section. All words not defined in this section shall be given their common, ordinary meanings, as the context may reasonably suggest. The use-related terms are mutually exclusive, meaning that uses given a specific definition shall not also be considered to be a part of a more general definition of that use type. A “bookstore”, for example, shall not be considered a general “retail sales and service” use, since “bookstore” is a more specific definition of that use.

      (1)   Is subordinate to and services a principal building or a principal use legally existing on the same zoning lot;

      (2)   Is subordinate in area, extent, and purpose to the principal building or principal use;

      (3)   Contributes to the comfort, convenience or necessity of the occupants, business, or industry of the principal structure or principal use served; and

      (4)   Is located on the same zoning lot as the principal structure or principal use served.

      (1)   Persons who appear semi-nude; or

      (2)   Live performances distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

      (1)   Books, magazines, periodicals, or other printed matter, or digitally-stored materials that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities;

      (2)   Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities;

      (3)   Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities; or

      (4)   Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.

      (1)   A retail sales and service (entertainment-oriented) use consisting of:

         (a)   A boat, barge, or vessel or other watercraft operated on any body of water in the county, excluding Lake Michigan, for the purpose of providing on-board food, beverage, entertainment, and/or gaming services to patrons of the watercraft;

         (b)   All onshore facilities established adjacent to the body of water upon which the watercraft is operated, including but not limited to all docking, maintenance and service, operation, restaurant, tavern, ticketing, retail sales and service, parking, loading and other buildings, structures, and facilities that provide for the comfort, convenience, entertainment, or enjoyment of the patrons of the watercraft;

         (c)   All piers, docks, breakwaters, moorings, and other waterside structures and facilities required in connection with the safe and convenient operation of the watercraft; and

         (d)   All on-site construction and development activities associated with the establishment of these uses.

      (1)   Provide a one-page statement of qualifications in the areas noted below. The signed statement will be considered as evidence of qualifications;

      (3)   Completion of a Lake County Stormwater Management Commission-approved wetland delineation course and meet the requirements of one of the following:

         (a)   Licensed professional wetland scientist (PWS) from the Society of Wetland Scientists;

         (b)   Minimum of a bachelor’s degree in an earth science or biologic science and at least one of the following: three years (cumulative) full-time experience in the Upper Midwest Region on wetland related projects; or the completion of 100 wetland delineations in the Upper Midwest; or a minimum of 300 hours spent in field review of wetlands in the Upper Midwest; or

         (c)   Six years (cumulative) full-time experience in the Upper Midwest Region on wetlands related projects.

      (1)   Any facility which is established and maintained for the general care of children or adults. Whether established for gain or otherwise, a day care facility receives or arranges for care or placement of more than seven individuals unrelated to the operator of the facility.

      (1)   Is at least 21 years of age;

      (2)   Has agreed to assist with a patient’s medical use of cannabis;

      (3)   Has not been convicted of an excluded offense; and

      (4)   Assists no more than one registered qualifying patient with his or her medical use of cannabis.

      (1)   A person responsible for, at a minimum, verifying compliance and ongoing maintenance of the approved soil erosion and sediment control plan measures of a development and who is recommended to meet the minimum qualification requirements of subsections (1)(a), (1)(b), and (1)(c) as follows:

         (a)   Provide a one-page statement of qualifications in the areas noted below and a request to be included on the Lake County Stormwater Management Commission Designated Erosion Control Inspector qualified listing. The signed statement will be considered as evidence of qualifications.

         (b)   Pass the Designated Erosion Control Inspector Exam that is administered by the Lake County Stormwater Management Commission.

         (c)   Complete a Lake County Stormwater Management Commission-approved soil erosion and sediment control course and meet the requirements of one of the following:

            1.   Have an official designation as a Certified Professional in Erosion and Sediment Control (CPESC) or Certified Erosion, Sediment and Stormwater Inspector (CESSWI);

            2.   Two years cumulative experience in the Upper Midwest Region on soil erosion and sediment control inspections.

      (2)   The listing of Designated Erosion Control Inspectors shall be officially updated every three years by the Lake County Stormwater Management Commission. Continuing education requirements shall be as follows:

         (a)   Attendance at each annual DECI training seminars shall be sufficient for the three-year listing period.

         (b)   Alternatively, DECIs must attend 24 hours of work-related professional development hours within the three-year period for relisting.

      (3)   Documentation shall be self-monitoring and shall be provided to Lake County Stormwater Management Commission upon application for listing.

      (1)   Any riverine area inundated by the base flood where there is at least 640 acres of tributary drainage area;

      (2)   Any non-riverine area with a surface area of one-fourth acre or more, or with a storage volume of three-fourths acre-foot or more when inundated by the base flood; or

      (3)   Any area indicated as a Special Flood Hazard Area on the Federal Emergency Management Agency Flood Insurance Rate Map or Letter of Map Revision and located with the best available topographic information to be inundated by the base flood.

   The need to preserve storage when defining the regulatory floodway will be waived by the SMC if the applicant receives approval from IDNR/OWR 3708.60.d Floodway Construction in Northeastern Illinois.

      (1)   Two or more persons related to one another by blood, marriage, or legal adoption, living together as a single housekeeping unit in a dwelling unit;

      (2)   Up to four unrelated persons living together as a single housekeeping unit in a single dwelling unit; or

      (3)   Up to eight persons with disabilities and attendant support staff living together as a single housekeeping unit in a single dwelling unit.

         (a)   Excavations and impoundments that have received a permit from the appropriate jurisdictional authority;

         (b)   Excavations and impoundments permitted by right, prior to being a regulated activity, within 40% or more non-hydric soils. Areas designated as “water” as depicted on the Soil Survey of Lake County, SCS, 1970 are determined as either hydric or non-hydric soils by connecting adjoining soil boundaries to create complete polygons of the depicted soil types;

         (c)   Wetlands created incidental construction grading on development sites; and

         (d)   Road-side ditches.

      (2)   The following shall not be considered as meeting the exclusion criteria in subsection (1) above:

         (a)   All areas meeting the definition of high-quality aquatic resources, other than areas meeting exclusions (1)(a) or (1)(d);

         (b)   Wetland mitigation areas created to meet the requirements of this chapter or § 404 of the Clean Water Act; and

         (c)   Wetland areas created or restored using public funds.

      (1)   For the purposes of this chapter, the maximum extent practicable (MEP) is defined as the highest level of Runoff Volume Reduction (RVR) that is achievable for the development as determined by the applicant and approved by the Planning, Building and Development Director (see Appendix R for runoff volume reduction quantities). The MEP RVR quantitative standard for the development shall not be required to exceed the minimum performance standards identified in § 151.146(D). For public road developments, the MEP shall not necessitate the need to acquire right-of-wav or deed and plat restricted areas outside of the right-of-way.

      (2)   In making the determination that the RVR quantitative standard for the development is the MEP, the following objectives should be considered, when applicable, including, but not limited to:

         (a)   Prevention or reduction of existing, adjacent flood-related problems;

         (b)   Examination of adequate downstream capacity from the development;

         (c)   Preservation of existing wetland hydrology;

         (d)   Protection of adjacent streams from degradation due to increased volumes and prolonged bankfull flows;

         (e)   Minimization of off-site water quality impacts;

         (f)   Enhancements of aquifer recharge on-site;

         (g)   Evaluate geographic features of the site (e.g., topography, soil structure, natural resources);

         (h)   Utilize best available and feasible technology;

         (i)   Maximize performance of the design; and

         (j)   Provide for sustainability through maintenance and management of the installed practices.

      (1)   A church, synagogue, mosque, or other place of worship;

      (2)   A public or private nursery, elementary, or secondary school;

      (3)   A child care facility, licensed by the Illinois Department of Children and Family Services;

      (4)   A public park, playground, playing field, forest preserve, or other recreational area;

      (5)   A public or private cemetery; or

      (6)   A public housing facility.

      (1)   Provides drive-through service,

      (2)   Sells prepared food ready to carryout,

      (3)   Holds no county liquor license,

      (4)   Does not accept dining reservations, or

      (5)   Little or no advertising on an individual establishment basis.

      (1)   Limited service or self-service format,

      (2)   Significant portion of sales are carryout orders,

      (3)   Holds a county-issued Class E county liquor license,

      (4)   Does not accept dining reservations, or

      (5)   Does little or no advertising on an individual establishment basis.

      (1)   Full table service is available,

      (2)   Holds a county-issued Class A, B, or E liquor license,

      (3)   Meeting and/or banquet facilities incidental to the principal use are available,

      (4)   Provides carryout in addition to full table service, or

      (5)   Advertising primarily on an individual establishment basis.

      (1)   Cable television company;

      (2)   County Board district member;

      (3)   Electric company;

      (4)   Fire Department/protection district;

      (5)   Gas company;

      (6)   Illinois Department of Natural Resources;

      (7)   Illinois Department of Transportation;

      (8)   J.U.L.I.E.;

      (9)   Lake County Forest Preserve District;

      (10)   Lake County Map Services;

      (11)   Local postmaster;

      (12)   Mayor/president of all municipalities within a one and one-half-mile radius of the subject property;

      (13)   METRA and PACE;

      (14)   Planning Building and Zoning Committee members;

      (15)   Regional Superintendent of Schools;

      (16)   Soil and Water Conservation District;

      (17)   Sanitary District;

      (18)   Lake County Stormwater Management Commission;

      (19)   Superintendent, grade school district;

      (20)   Superintendent, high school district;

      (21)   Telephone company;

      (22)   Township Assessor;

      (23)   Township Highway Commissioner;

      (24)   Township Supervisor; and

      (25)   Water District.

      (1)   Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed; or

      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

      (1)   Actual touching of human genitals, pubic region, buttocks, anus, or female breasts;

      (2)   Actual physical sexual acts, normal or perverted, including intercourse, oral copulation, or sodomy;

      (3)   Actual masturbation;

      (4)   Human genitals in a state of sexual stimulation, arousal, or tumescence; or

      (5)   Excretory functions as part of or in connection with any of the activities set forth in subsections (1), (2), (3), or (4) of this definition.

      (1)   Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

      (2)   Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

      (1)   Gross sales: 30% or more of the retail dollar value of the commercial establishment’s annual gross sales derives from the sale, rental, or viewing of adult materials;

      (2)   Floor area: 30% or more of the floor area of the commercial establishment is devoted to the display, viewing, or presentation of adult materials, not including storerooms, stock areas, bathrooms, basements, or any other portion of the commercial establishment not open to the public;

      (3)   Merchandise displayed: 30% or more of the retail dollar value of all merchandise displayed at any one time is attributable to adult materials;

      (4)   Inventory: 30% or more of all inventory of the commercial establishment (whether measured by retail dollar value or number of items) consists at any one time of adult materials;

      (5)   Stock-in-trade: 30% or more of the stock-in-trade at the commercial establishment consists at any one time of adult materials; and/or

      (6)   Live performances: live performances by persons appearing semi-nude, or live performances that are otherwise distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities, and that are taking place 30% or more of the time during which the commercial establishment is open for business.

      (1)   Is subordinate to and services a principal building or a principal use legally existing on the same zoning lot;

      (2)   Is subordinate in area, extent, and purpose to the principal building or principal use;

      (3)   Contributes to the comfort, convenience, or necessity of the occupants, business, or industry of the principal structure or principal use served; and

      (4)   Is located on the same zoning lot as the principal structure or principal use served.

(Ord., § 14.2, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed 10-9-2012; Ord. passed - -; Ord. passed - -; Ord. 15-0701, passed 7-14-2015; Ord. 15-1028, passed 10-13-2015; Ord. 19-1378, passed 9-10-2019; Ord. 21-0744, passed 5-11-2021; Ord. 22-1060, passed 8-9-2022: Ord. 22-1356, passed 10-11-2022; Ord. 23-0675, passed 5-9-2023; Ord. 23-1056, passed 8-8-2023; Ord. 24-0207, passed 3-12-2024; Ord. 24-0924, passed 8-13-2024)