In the construction of this Chapter the rules and definitions contained in this Article shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions of word use shall apply:

(A)

Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

(B)

The word "shall" is mandatory and not discretionary.

(C)

The word "may" is permissive.

(D)

The word "lot" shall include the words "piece", "parcel", and "plots"; the words "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for."

(E)

All "measured distances" shall be to the nearest foot. If a fraction is one-half foot or more, the full number next above shall be taken.

(F)

Words contained in this ordinance and not defined hereinafter shall assume definitions as prescribed in Merriam-Webster's Collegiate Dictionary, Eleventh Edition (2020).

(Ord. No. 8164, § 3, passed 6-15-23)

Above ground utility cabinet is an above ground structure, used by a service entity to provide service to the public, which has an above ground volume of greater than 24 cubic feet within 10 feet of ground level.

Accessory use. (See "use, accessory".)

Accessory building. (See "building, accessory".)

Acre is a measure of area equal to 43,560 square feet.

Adult book store is an establishment having as a substantial or significant proportion of its stock in trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

Adult cabaret is a nightclub, bar, theater, restaurant or similar establishment which frequently features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly feature films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

Adult theater is an establishment which presents the viewing of motion pictures, films, theatrical productions, videocassettes, slides, and other forms of visual productions, for any form of consideration, in which a preponderance of the total presentation time is devoted to showing materials which are 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. Adult theater facilities may include, but is not limited to, open lots for viewing from a motor vehicle or outdoor eating area; an enclosed building with private viewing areas for five or fewer people, or an enclosed building with viewing areas for more than five people.

Adult use is a use which involves either wholly or partially an activity distinguished or characterized by its emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, including but not limited to, the operation of adult bookstores, adult cabarets, and adult video stores.

Adult video store is an establishment having as a substantial or significant proportion of its stock in trade (50 percent or more) video cassettes and similar materials which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specifies anatomical areas.

Agriculture is the use of land for agricultural purposes, including farming, pasturage, agriculture, horticulture, floriculture, viticulture, and the necessary accessory uses for parking, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.

Alley is a public or private right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a street.

Alteration is any change in size, shape, or character of a building or structure.

Amendment is any addition to, deletion from, or change in this Chapter, including text or map. See subsection 155.103(E) of this Chapter for amendment requirements and procedures.

Amusement devices shall mean any machine or device which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally by manipulating special equipment whereby a score is established, the object of which is to secure a special number or numbers or a total score, whether a prize is offered or not. For the purpose of this Chapter, restaurants with amusement devices shall be restaurants serving family units with more than eight amusement devices, but not more than 65 devices. For the purpose of this Chapter, amusement devices do not include video gaming terminals, as defined and regulated in Chapter 112.

Animal day care facility any premises where three or more animals, over three months of age, at any one time, are accepted for grooming, training, exercise or socialization, provided that overnight boarding is not permitted.

Animal hospital is any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

Antenna. Any apparatus mounted out of doors for the wireless transmission or reception of electromagnetic communications signals.

Antenna, dish. (See "satellite dish antenna".)

Antenna tower is any structure designed for the mounting of an antenna.

Apartment. (See "dwelling, multi-family".)

Appeal is a request to review a decision or interpretation of the Director of Economic Development and Planning, or other authorized official relative to the administration of this Chapter.

Arbor. (See "trellis".)

Arterial roadway, major are intended to serve all types of trips, with a significant portion representing trips destined beyond the boundaries of the community and neighboring communities. The major arterial typically serves a significant number of trips generated within the community; however, access is carefully controlled. This type of street has regional importance because of its alignment, continuity, capacity and connections with other regional traffic carriers. These roadways include:

• Butterfield Road.

• North Avenue.

• Roosevelt Road.

• Route 53.

Arterial, roadway minor are intended to serve all types of trips with more emphasis on trips within and between the community and areas adjacent the community. The range of traffic volumes that can be expected on minor arterial streets will vary significantly depending on the density of development, spacing of regional routes, and the continuity of the street. These roadways include:

• 22nd Street.

• Crescent Boulevard.

• Finley Road.

• Highland Avenue.

• Main Street.

• Meyers Road.

• St. Charles Road.

• Westmore-Meyers Road.

Athletic training facilities are specialized indoor facilities provided for the instruction and training needs of athletes. Unlike gymnasiums, these facilities are primarily for the prearranged use of specific teams and programs rather than for general public walk-in use.

Attic is the space between the ceiling beams of a top habitable story and the roof rafters.

Awning is a roof-like cover, independent of the roof itself, comprised of fabric, glass or metal, which projects from the wall of a building and is intended for protection from the weather or as a decorative embellishment over a window, walkway, or door.

Banks and financial institutions are businesses (including banks, cash stores, credit unions, currency exchanges, and savings and loan associations) that conduct retail banking operations on-site, including the receipt of deposits, payment of interest, certification of depositor's checks, issuance of drafts and loans, and withdrawal of cash through tellers or ATMs. This definition shall not include professional offices such as loan and mortgage offices, finance companies, stock brokers, and investment bankers.

Banquet hall is an establishment where the only business is the preparation and dispensing of elaborate and often ceremonial meals to numerous persons on the premises and which is characterized by the following:

(1)

Does not provide carry-out service to individuals;

(2)

Advertises only on an individual establishment basis for group meal services only;

(3)

Provides service only by reservation and only to groups (typically 20 or more) for banquets, anniversaries, weddings, business parties and other like uses; and

(4)

As part of the banquet activity, facilities such as dance floors and live entertainment such as disc jockeys or bands may be provided as an accessory use only.

Basement is that portion of a building below the first or ground floor level, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

Bay window is a large window or series of windows projecting from the outer wall of a building and forming an interior recess or alcove.

Bedroom is a small, private room, located in a dwelling, which is designed for and may be used for sleeping.

Block is a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad, right-of-ways, shorelines of waterways, municipal boundary lines, township lines or county lines.

Body piercing means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature. Body piercing does not include practices that are considered medical procedures or the puncturing of the outer perimeter or lobe of the ear using a pre-sterilized, single-use stud and clasp ear piercing system.

Buildable area is the area of the lot remaining after compliance with the minimum open space and/or yard requirements of this Chapter.

Building is any structure built, used, designed, or intended for the support, shelter, protection, of persons, animals, or property of any kind, and which is permanently affixed to the land. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building.

Building, accessory is any building which is:

(1)

Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this Chapter.

(2)

Clearly incidental to, subordinate in purpose to, and serves the principal use; and

(3)

Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use. For purposes of this Chapter, cargo containers shall not be considered as accessory buildings and are subject to § 155.603 off-street loading requirements.

Building, detached is a building surrounded by open space on the same lot.

Building footprint is the outline of the building as drawn on a lot based upon an aerial view of the building.

Building height is the vertical distance measured from the reference level (curb level, or its equivalent, or the average elevation of the finished lot grade in front of the building) to the highest point of the roof surface of a flat roof; to the deck of a mansard roof; and to the mean height level between eaves and ridge of gable, hip, pitch and gambrel roofs.

Building, principal is a nonaccessory building in which is conducted the principal use of the lot on which it is located.

Building, temporary is any building not designed to be permanently located, placed, or affixed to the place where it is intended to be located.

Bulk is the term used to indicate the size and setbacks of the buildings of structures and the location of same with respect to one another, and includes:

(1)

Height and area of buildings.

(2)

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

(3)

Gross floor area of buildings in relation to lot areas (floor area ratio).

(4)

All open spaces allocated to buildings.

(5)

Amount of lot area required for each dwelling unit.

Business is an occupation, employment, or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.

Cannabis dispensing facility means a "dispensing organization," as defined in the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.), as amended, or a "medical cannabis dispensing organization," as defined in the Illinois Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.), as amended, and is operated in strict compliance with State law, and the regulations promulgated thereunder, applicable thereto.

Canopy is a roof-like structure, whether projecting from a wall or free-standing, and supported in whole or in part by vertical supports from the ground, and erected primarily to provide shelter from the weather. Residential decks with roofs are not canopies.

Car wash is a building, or portion thereof, containing facilities for washing one or more automobiles at any one time, using methods such as a blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial cleaning of such automobiles, whether by the operator or by the customer.

Car wash, automatic is a car wash (as defined above) providing exterior cleaning and/or washing services on a drive-through or roll-over basis.

Car wash, self-service is a car wash (as define above) providing equipment and/or facilities for the self-service cleaning and/or washing of automobiles and other motor vehicles.

Car wash, full-service is a car wash (as defined above) providing exterior and interior washing and cleaning service for automobiles or other motor vehicles.

Cargo container is a standard reusable vessel, designed without an axle or wheels which was:

(1)

Originally, specifically, or formerly designed for or used in the packing, cargo, movement or transportation of freight, articles, goods or commodities, and/or

(2)

Designed for/or capable of being mounted or moved on a rail car, truck trailer or loaded on a ship.

Carport is an open-sided (on at least two sides), roofed automobile shelter, usually formed by extension of the roof from the side of a building.

Catering is the professional preparation of meals and food for delivery and pickup, with no dine in option. This is including but not limited to virtual kitchens, ghost kitchens and the like.

Ceiling is the overhead inside lining of a room.

Cellar is the portion of a building having more than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

Center line is the mid-point in the width of a public right-of-way as established by recorded Plats of Survey.

Certificate of occupancy is a certificate certifying that the building or structure, as illustrated on approved plans, conforms to the provisions of this Chapter; and, if constructed and used in conformance with such plans, may be occupied upon completion of construction.

Chicken(s) means the common domestic fowl.

Clear line of sight areas are triangular-shaped areas adjacent to intersecting, improved rights-of-way, private streets or access drives maintained to preserve clear visibility at the intersection.

Clinic, medical or dental is an organization of specializing physicians or dentists or both, who have their offices in a common building. A clinic shall not include inpatient care.

Club or lodge, private (non-profit) is a nonprofit association of persons, who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such "private clubs or lodge" are conducted by a board of directors, executive committee, or similar body chosen by the members. It shall be permissible to serve food, meals and beverages on such premises.

Collection box. Any container, receptacle or similar device located on private property used for the purpose of receiving donations of various types of items, including, but not limited to, clothing, household goods, and toys. This term excludes recycling collection centers.

Collection center, recycling is the use of a lot for the collection of household goods such as paper, glass bottles, aluminum cans, and plastic containers and not their processing. The definition of recycling collection centers specifically excludes junkyards and motor vehicle salvage operations, solid waste transfer stations.

Commercial corridors are areas along arterial roadways with the village (as defined by the comprehensive plan) which contain a significant portion of the village's commercial activity. Those roadways include but are not limited to: Roosevelt Road, Main Street, and Butterfield Road.

Common open space is open space shared by several persons or properties for recreation. Such space is generally maintained by agreement of persons utilizing the space.

Conference Facility means a facility for conducting meetings, discussions, and seminars. It may include meeting rooms, auditoriums, cafeterias, dining rooms, and supporting services designed to accommodate planned meetings. It is a stand-alone use, not an accessory to a hotel or motel. This term does not include a convention center.

Conditional use. (See "use, conditional".)

Convalescent, nursing or rest home is an establishment for the care of the aged or infirm, or a place of rest for those suffering bodily disorders. Convalescent, nursing or rest homes do not include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Convalescent, nursing or rest homes typically provide ongoing, on site medical care to their residents.

Conservatory. (See "greenhouse".)

Coop means a coop, building, pen or other enclosure, with or without an enclosed pen or hen yard, that is designed, constructed and maintained to confine fowl within the coop and to prevent access by predators and trespassers.

Craft alcohol production facility is a commercial facility that produces beer, wine or other alcoholic beverages in quantities compliant with applicable local, state and federal regulations for distribution, retail or wholesale, on or off premises. The establishment shall include as an ancillary use an onsite taste testing area and other uses such as a restaurant or tavern as permitted by the Village of Lombard Zoning Ordinance and/or Liquor Commissioner.

Cultural facilities/institutions a library, museum, or similar public or quasi-public use displaying, preserving, and exhibiting, or allowing for the use, but not the sale of, objects of community or cultural interest in one or more of the arts or sciences.

Curb level is the level of the established curb in front of a building measured at the center of such front. (Where no curb elevation has been established, the pavement elevation at the street center line similarly measured, or the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the curb level.")

Day, as used in this Chapter, shall mean one calendar day. If a projected day falls on a weekend or holiday, the next following working day or week day shall fulfill requirements.

Day care center is an institution or place in which are received three or more children, not of common parentage, apart from their parent or guardian, for part of or all of a day, but not later than 12:00 A.M. The term "day care center" includes, but is not limited to, the following: nursery schools, child care centers, day nurseries, kindergartens and play groups, but does not include bonafide kindergartens or nursery schools operated by public or private elementary or secondary school systems.

Day care, home is a family home which receives more than three and up to a maximum of eight children for less than 24 hours per day where tuition, fees, or other forms of compensation for the care of children is charged. The maximum of eight children includes the family's natural or adopted children and all other persons under the age of fourteen. The term does not include facilities which receive only children from a single household. Day care homes should meet all applicable village and state requirements.

Decibel is a unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in "decibels".

Den is a small, private room, located in a dwelling, which is designed for and may be used for relaxation and study.

Deviation, planned development is a relaxation of the bulk requirements, signage or parking requirements of the underlying zoning district within an established planned development in order to enhance the design or meet the overall intent of the planned development.

Director of Building. The individual appointed by the Village Manager, to enforce the provisions of this Ordinance pertaining to permit issuance, inspection, and Building Code compliance and enforcement activities; or the duly authorized representative.

Director of Economic Development and Planning. The individual appointed by the Village Manager to enforce the regulatory provisions of this Ordinance; or the duly authorized representative.

Dish antenna. A dish like antenna used to link communications sites together by wireless transmission of voice or data. Also referred to as microwave antenna or microwave dish antenna.

Distribution center. An establishment engaged in the receipt, temporary storage and distribution of goods or materials, in which the storage of goods and materials is incidental to the primary function of the activity of freight shipment. Distribution centers are differentiated from warehouses in that operators usually store the goods or materials for a very short period of time (i.e., within a day). They can be further characterized by the use and/or presence of third-party logistics companies who are neither the manufacturer of the goods to be distributed nor the end user of the goods, but are the independent distributor of the goods.

District is a portion of the corporate area of the village, within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this Chapter.

District, overlay is a second set of regulations applied to any part or all of a zoning district (as defined in the term "district") or any number of districts. The overlay district regulations may relax or further restrict the number or type of uses allowed as well as the way permitted activities operate within the overlay district boundaries. Such districts are mapped on the village's Official Zoning Map.

Division is the resubdivision of any lot of record which changes the location of the lot lines, or any change in the boundaries of a zoning lot. Changes in the boundaries of lots of record, or tracts to dedicate of a portion of any such lot or tract to a public body shall not be interpreted as a division.

Dormitory is a building or part of a building associated with or accessory to an educational use, containing a room or rooms forming one or more habitable units which are used or intended to be used by students primarily for living and sleeping.

Drive-in establishment is a place of business being operated primarily for the sale and purchase of food or beverages at retail for consumption by persons who are in vehicles, and/or a place of business which is characterized by purchase of goods at retail by customers who remain within their vehicles.

Drive-through establishment is a place of business being operated for the sale and purchase of goods at retail, or for the delivery of services to persons who are accommodated while remaining in their automobiles. A drive-through establishment differs from a drive-in establishment in that at drive-through establishments, there are goods sold or services provided directly from a building or structure to persons located in an automobile.

Dwelling is a building, or portion thereof designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels or motels.

Dwelling, attached is one which is joined to another dwelling at one or more sides by party walls.

Dwelling, detached is one which is entirely surrounded by open space on the same lot.

Dwelling, multiple-family is a building, or portion thereof, containing three or more dwelling units.

Dwelling, single-family is a building containing one dwelling unit only and is not connected to any other dwelling unit.

Dwelling, two-family is a building containing two dwelling units, attached either vertically or horizontally.

Dwelling unit shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used, or intended to be used for living, sleeping, cooking, and eating.

Easement is land or an interest in land which has been designated by lawful agreement between the owner or owners of the land and another person or persons, for a specified use only by such person or persons.

Efficiency unit is a dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room, provided such dining alcove does not exceed 125 square feet in area.

Establishment, business is a place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.

Extended medical care facilities refers to those medical facilities designed to accommodate inpatients in need of lengthy recuperative periods requiring nursing attention and periodic medication.

Family is one or more persons related to the other by blood, marriage, or adoption (including foster children), together with such relatives of the respective spouse all of whom are living with the family in a single dwelling and maintaining a common household. A family may also be composed of persons who are not related as provided above and who are living in a single dwelling and maintaining a common household and a single housekeeping unit, provided that the number of persons is no greater than the average family of related persons as determined in the prior ten year census conducted by the Federal Government. In addition to the above, restrictions limiting the use of dwellings to a single-family shall be interpreted to permit each such family to also reside with not more than one gratuitous guest and not more than one servant.

Family care facility is a non-medical facility for housing of no more than eight unrelated persons who, due to advanced age, handicap, pregnancy, or status as a minor unable to live with parents or guardian, require assistance and/or supervision, and who reside together as a single housekeeping unit, plus paid professional support staff provided by a sponsoring agency. Excluded from the definition of family care facilities are homes in which non-handicapped residents are persons convicted by a court of competent jurisdiction of the manufacture or distribution of controlled substances (as this term is used in the United States Code and Illinois Statutes) or currently illegally using, or addicted to, controlled substances, and homes where residents tenancy would constitute a direct threat to the health and safety of other individuals or the property of others.

Farmers' market is the seasonal, outside display and sales of products, the sale of which is a permitted or conditional use in the zoning district in which the market is located and which complies with Title XV, Chapter 125 of the Code of Lombard, Illinois.

Fence is a free-standing structure made of metal, wire, wire mesh, masonry, plastic, wood, vinyl or a combination thereof, including gates, rising above ground level, measured from the grade at the location of the fence to the highest point of any component of the fence construction including posts or any decorative elements, and used to delineate a boundary or as a barrier or means of protection, confinement, or screening.

Fence-open construction is a fence which has over its entirety at least 66 percent of its surface area in open space which affords a direct view through the fence.

Fence-solid construction is a fence which has over its entirety less than a minimum of 66 percent open space in total for every one foot of linear dimension. Chain link fences with slats do not constitute a solid fence.

Fire chief. The Fire Chief of the Village of Lombard, Illinois or his duly authorized representative.

Floor area (for determining floor area ratio and size of establishment) is the sum of the gross horizontal area of the several floors of the building measured from the exterior face of the exterior walls or from the center line of walls separating two buildings. The "floor area" of a building shall include basement floor area (but not the cellar floor), attic space having head room of seven feet or more, and floor area devoted to accessory uses. The floor area of fully enclosed accessory buildings, including parking structures, shall be included in the calculation of floor area ratio. However, any space devoted to open off-street parking or loading shall not be included in "floor area." The "floor area" of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of height in feet; i.e., ten feet in height shall equal one floor.

Floor area. For determining off-street parking and loading requirements refer to subsection 155.602(A)(8) of this Chapter.

Floor area ratio (FAR) is the floor area of the building or buildings on a zoning lot divided by the area of such zoning lot, or, in the case of planned developments, by the net site area. The "floor area ratio" requirements—As set forth under each zoning district—Shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

Fowl means any domesticated egg-laying chicken hen and shall exclude all roosters and chicken hens that have ceased laying eggs.

Freehold interest implies a holding or tenure of property in fee simple; exclusive possession of property for life.

Frequency signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

Frontage, block is the length of all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

Frontage, zoning lot is the length of all the property of such zoning lot fronting on a street, measured between side lot lines.

Fuel center is the retail sale of motor vehicle fuel to the general public. Fuel may be dispensed by the consumer or by employees. Fuel Center does not include service or repair of motor vehicles either as an accessory or primary activity.

Funeral home is a building used for the preparation of the deceased for burial and the display of the deceased and rituals and ceremonies connected with burial or cremation.

Garage, private is a detached accessory building or portion of a main building housing the motor vehicles of the occupants of the premises, and accessory storage related to the use of the principal dwelling, and without living space.

Garage, public is a building or portion thereof, other than a private garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor-driven vehicles. The term repairing shall not include an automotive body repair shop or the rebuilding, dismantling, or storage of wrecked or junked vehicles, unless expressly authorized.

Garage sale is a sale of used household items held at one's home.

Gasoline sales is the retail sale of motor vehicle fuel to the general public. Fuel may be dispensed by the consumer or by employees. Gasoline sales does not include service or repair of motor vehicles either as an accessory or primary activity.

Grade is the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

Greenhouse is an enclosure used for the cultivation or protection of plants or vegetables.

Gross floor area refers to all the floor area contained within a building or buildings, without exception.

Ground floor is that level of a building on a sloping or multi-level site which has its floor line at or not more than three feet above exit grade.

Ground floor area is the lot area covered by a building, measured from the exterior faces of exterior walls, but excluding open terraces and carports.

Group care facility is a residential facility which is the same as family care facility except that the operator is not licensed or certified by the appropriate state agency, or the facility is not supervised by paid professional support staff provided by a sponsoring agency, or, whether licensed and/or supervised or not, the facility has nine or more persons plus staff.

Handicapped person is a person who is handicapped pursuant to the provisions of the Fair Housing Act of 1988 or the Illinois Human Rights Act, and any subsequent amendments thereof.

Hedge is a row of shrubs planted to create a visual screen.

Hen means a female chicken.

Home occupation is an accessory use conducted completely within a dwelling unit, carried on by any member of the immediate family residing on the premises, clearly incidental and secondary to the use of the dwelling for residential purposes. Home occupations shall be subject to regulation under subsection 155.211(A) of this Chapter.

Hospital is a medical institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, and care of individuals suffering from illness, disease, injury, deformity or other abnormal physical condition.

Hotel or motel is an establishment which primarily serves persons, other than permanent residents as defined in 35 ILCS 145/2(5), in contradistinction to a boarding, rooming or lodging house. As part of their accommodations, such facilities typically offer housekeeping, concierge, bellhop and furniture, linen and laundering services.

Incompatible use is a use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous, or discordant.

Industrial park is a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and service in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations, or government organizations.

Junk (or salvage) yard is an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk or salvage yard" includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.

Kennel is any business, premises, or portion thereof, in which more than three dogs or other domestic animals over three months of age are boarded for compensation, bred, cared for, or kept for sale.

Laboratories: medical, dental, and support are facilities used for the routine study or scientific analysis of medical resources, natural resources, and manufactured materials. Such laboratories typically serve the needs of an outside customer, to support the work of that customer. Examples include medical and veterinary laboratories for the analysis of blood, tissue, and other human or animal medical products; dental laboratories for the creation of crowns, bridges, and other dental appliances; and environmental laboratories for the analysis of air, water, and soil.

Laboratories: research and testing are facilities used for scientific research, investigation, testing, or experimentation. Examples include laboratories engaged in research in the fields of biotechnology, pharmaceuticals, genetics, plastics, polymers, fibers, fabrics, and heat transfer. Research and testing laboratories do not include facilities for the manufacture of products for sale.

Landscaping is the aesthetic improvement of property through the installation of plant materials, berming, walls and fences, and other decorative elements. Such landscaping shall meet all requirements of Section 7 of this Ordinance.

Landscape area is that portion of a lot devoted exclusively to landscaping, except that streets, drives and sidewalks may be located within such area to provide reasonable access.

Landmark site is any site (land and/or buildings) which has been officially designated as worthy of preservation for historical reasons by a governmental body.

Learning centers include, but are not limited to, athletic training facilities, instruction in art, dance, photography, sculpture, language, student tutoring, testing centers, etc., but do not include adult uses, trade schools, or public or private full-time schools.

Liquor store, package is a business establishment where alcoholic beverages are kept and sold and where such alcoholic beverages are not generally imbibed on the premises. A package liquor store differs from a craft alcohol production facility in that liquors and other alcoholic beverages are not produced on-site.

Live entertainment is any performance, musical act, (including karaoke), theatrical act (including stand-up comedy), play, revue, dance act, song and dance act, disc jockey, or any combination of these, or similar activity performed live by one or more persons, whether or not done for compensation, and whether or not admission is charged and is clearly an accessory use to either a permitted or an approved conditional use. Live entertainment does not include adult uses.

Lodging house (including boarding and rooming house) is a residential building, or portion thereof, other than a hotel or motel, containing lodging rooms which accommodate persons, including permanent residents as defined in 35 ILCS 145/2(5), who are not members of the keeper's family. Lodging with or without meals is provided for compensation on a weekly or monthly basis.

Lodging room (rooming unit) is a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one "lodging room" for the purposes of this Chapter.

Lot is a parcel of land located within a single block and may be either a "lot of record" or a "zoning lot".

Lot area, gross is the area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.

Lot, attached single-family exterior is a lot occupied by an attached single-family dwelling which has a common side wall along only one side lot line.

Lot, attached single-family interior is a lot occupied by an attached single-family dwelling which has common side walls along both side lot lines.

Lot, corner is a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.

Lot depth is the mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.

Lot, interior is a lot other than a corner or reversed corner lot.

Lot line, front shall be that boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way. The owner of a corner lot may select either street lot line as the front lot line. In the case of land-locked land, the front lot line shall be that lot line that faces the access to the lot.

Lot line, rear shall be that boundary of a lot which is most distant from, and is, or is most nearly, parallel to, the front lot line.

Lot line, side shall be any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record is a single lot which has been created by a plat of subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of Du Page County. A lot of record does not include any parcel of land that is created by an assessment plat.

Lot, reversed corner is a corner lot the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

Lot, through is a lot having a pair of opposite lot lines along two or more or less parallel public streets, and which is not a corner lot. On a "through lot" both street lines shall be deemed front lot lines, unless otherwise provided for in this Chapter.

Lot width is the horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first 30 feet of lot depth immediately in back of the required front yard. In no instance shall the required front yard exceed the yard requirements of the zoning district in which such lot is located. In addition, the front lot line shall be at least 75 percent of the lot width, except that lot on cul-de-sacs shall be exempt from this requirement.

Lot, zoning. (See "lot of record".)

Marquee is a roof-like structure of a permanent nature which projects from the wall of a building.

Mezzanine is an intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.

Mini-warehouse is a structure or group of structures not exceeding one story or 17 feet in height in a controlled access, fenced compound containing individual storage units with access to each unit for the storage and warehousing of personal property as opposed to commercial property. Mini-warehouses do not include wholesaling, retailing, servicing or repair of household or commercial goods in conjunction with storage.

Mobile home is a dwelling unit designed to be transported on streets and highways to the place where it is to be occupied as a dwelling unit complete and ready for occupancy. A mobile home is not permanently affixed to the ground.

Mortuarial service is a use characterized by the provision of a variety of services involved with processing the deceased for the funeral industry. The use may include removal, temporary storage and transportation of the deceased, packaging and shipping of the deceased remains, embalming and preparation of the deceased, cremation and cremation viewing.

Motel (See "hotel".)

Motor vehicle is any passenger vehicle, recreational vehicle, truck, truck-trailer, trailer, or semi-trailer propelled or drawn by mechanical power.

Motor vehicle accessory store is the retail sales of minor motor vehicle parts, components, and accessories. Motor vehicle accessory store does not include the following: installation, repair, or servicing of vehicles or vehicle parts; and the outside storage of parts, components, and accessories.

Motor vehicle repair is the repair of motor vehicles including rebuilding, reconditioning, replacement, or dismantling of major components such as body, frame, or fender repair or painting. Motor vehicle repair generally consists of work that is more intense and less routine than motor vehicle service and sometimes includes overnight storage of vehicles.

Motor vehicle sales is the retail sales or rental of motor vehicles to the general public.

Motor vehicle service is the service or maintenance of motor vehicles including the installation of minor components such as lubricants, batteries, tires, and mufflers and the performance of maintenance services such as tune-ups, tire-balancing, and car washes. Motor vehicle service generally does not include activities which require overnight storage of vehicles and specifically does not include body work, painting, or repair of major components.

Municipal uses and facilities are uses which occur on any land owned by the Village of Lombard, as well as facilities and equipment for the transmission of village services which occur within public right-of-ways and dedicated easements.

Nonconforming building or structure is any building or structure, lawful at the time of enactment of this ordinance, which does not comply with all of the regulations of this ordinance or of any amendment hereto governing bulk for the zoning district in which such building or structure is located.

Nonconforming use is the use of any land, buildings, or structures for a use which is either not permitted in the applicable district regulations, or is not a lawfully established conditional use.

Noxious matter is matter which is capable of causing injury or illness to living organisms, or is capable of causing detrimental effects to the health or the psychological, social, or economic well-being of humans.

Nursing home. (See "convalescent, nursing or rest home".)

Occupancy certificate. (See "certificate of occupancy".)

Octave band is a means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

Odorous matter is any matter or material that yields an odor which is offensive in any way.

Open area is that area of a lot, parcel, or tract that is not covered by a building or structure.

Open space is that portion of a lot or property maintained as lawn, garden, field, woods, wetland, or other natural landscape area and is free of buildings, structures and impervious surfaces.

Open sales lot is a principal or accessory use involving the selling of merchandise not contained within an enclosed building.

Outdoor cafe as an accessory use to a restaurant or grocery store when no more than six tables, with a maximum of 24 chairs, and located on the public right-of-way within the B5 Central Business District, within the buildable area of a lot.

Outdoor dining as an accessory use to a restaurant or grocery store located on private property within the buildable area of a lot.

Overlay district. (See "district, overlay".)

Parking space is an enclosed or unenclosed surfaced area permanently reserved for the temporary storage of one automobile and appropriately connected with a street or alley by a surfaced driveway affording adequate ingress and egress. Such space shall meet all requirements in Section 6 of this Ordinance.

Particulate matter is material which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or a solid at atmospheric temperature and pressure.

Party wall is a wall which is common to but divides contiguous buildings.

Person shall include any corporation, partnership, groups of persons, associations, or agent, so that where the word "person" is used it is clear that any entity who would be subject to the zoning ordinance would be defined as a person.

Personal wireless service. Defined in the same manner as in Title 47, United States Code, subsection 332(c)(7)(C), as amended now or in the future.

Personal wireless service facility. Any building, tower, antenna, or structure or combination thereof constructed for the purpose of providing personal wireless service.

Philanthropic institution is an organization and/or facilities devoted to the betterment and/or improvement of community life, including but not limited to, such institutions as the YMCA, YWCA, boys clubs, and educational or charitable foundations.

Planned development is a parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located; the developer or developers may be granted relief from specific land-use regulations and design standards and may be awarded certain premiums in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole.

Porch, roofed-over unenclosed is an attached structure with a roof that projects from the wall of a single-family residence which has over its entirety at least 75 percent of its area in open construction which affords a direct view without screens, windows, or other material through the porch.

Possessory interest implies an occupancy or use of property by legal arrangement with the owner in fee simple. Possessory interest is commonly a control of property by lease arrangement.

Private utilities. Utilities that are not subject to village acceptance for operation or maintenance. For purposes of this code, private utilities include, but are not limited to, natural gas lines, electric lines, telecommunication lines, cable television lines, and other communication lines, their appurtenances and any component part(s) thereof.

Property lines are the lines bounding a zoning lot, as defined herein.

Poultry means domestic fowl, such as chickens, turkeys, ducks, and geese.

Public way is any sidewalk, street, alley, highway, or other public thoroughfare.

Recycle collection center is the use of a lot for the collection of such products only, and not their processing. The placement is required to be on a hard surface parking area, and is permitted only in an area where there is an excess of parking beyond that required in Section 6. The collection center must be staffed full-time to monitor the use, and all collection is to be removed on a daily basis. Any area involved must be swept and cleaned at the end of the business day. Additionally, no recycle collection center shall operate without the consent of the property owner stating approved days and hours of operation. Such owners consent must be filed with the office of the Director of Economic Development and Planning prior to operation.

Religious institution. A building whose principal use is for religious worship. Religious institutions shall include churches, chapels, temples, synagogues and mosques. Religious institutions shall also include those ancillary activities and uses typically associated with religious institutions, such as religious study activities, clergy residences, and congregation offices.

Reservoir parking facilities are those off-street parking spaces or stacking areas allocated to automobiles awaiting entrance to a particular establishment.

Residential refers to the use of land or buildings for dwelling purposes.

Restaurant is a business establishment within which food is offered for sale and consumption only within the structure on the premises.

Restaurant—Fast-food is an establishment whose principal business is the dispensing of edible, prepared food and/or beverages and exhibits a majority of the following characteristics:

(1)

Food served at walk-up counter or drive-through window;

(2)

Disposable or edible containers;

(3)

Food consumption on or off premises;

(4)

Permanent menu board;

(5)

Customers pay for food before consuming it;

(6)

Trash receptacles provided for self-service bussing;

(7)

Food typically ordered, served, and consumed in 30 minutes or less;

(8)

Standardized floor plans (if a chain or franchised restaurant); and

(9)

Self-service condiment bar.

Restaurant—Sit-down is an establishment whose principal business is the dispensing of edible, prepared food and/or beverages and exhibits a preponderance of the following characteristics:

(1)

Food served at tables, booths, or counter with chairs, benches, or stools;

(2)

Reusable containers and dinnerware;

(3)

Food consumption primarily on premises;

(4)

Individual menus;

(5)

Customers pay for food after consuming it;

(6)

Restaurant staff busses tables; and

(7)

Food typically ordered, served, and consumed in 30 minutes or more.

Rest home. (See "convalescent, nursing or rest home".)

Retail commercial establishment. Any establishment wherein the primary occupation is the sale or rental of merchandise for use or consumption by the immediate purchaser.

Right-of-way is a dedicated parcel of land to provide vehicular access to private and public property.

Ringelmann chart is one which is described in the U.S. Bureau of Mines Information Circular 8333, and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke density.

Ringelmann number is the number of the area on the Ringelmann Chart that coincides most nearly with the visual density or emission or the light obscuring capacity of the smoke.

Roadside stand is a structure for the display and sale of agricultural products, with no space for customers within the structure itself.

Roadway, regional arterial are roadways classified as "regional arterials" by the Village of Lombard Comprehensive Transportation Study.

Roadway, major arterial are roadways classified as "community arterials" by the Village of Lombard Comprehensive Transportation Study.

Rooftop mechanical equipment shall be defined as equipment and appurtenances used in the operation or maintenance of a building including, but not limited to, heating, ventilation and air conditioning equipment, elevator equipment, and utilities. Small scale energy systems shall be specifically excluded from this definition.

Rooming unit is a term used in this ordinance to regulate residential density in boarding, lodging, and rooming houses. "Rooming unit" is synonymous with "lodging room".

Rooster means a male chicken.

Satellite dish antenna is any accessory structure used to receive radio or television signals from a transmitter or transmitter relay in planetary orbit.

Schools, private, full-time: Elementary, middle, high. Any building, group of buildings or portion of a building used for full-time education which meets state requirements for elementary, secondary, or higher education and which does not secure the major part of its funding from any governmental agency.

Schools, public, full-time: Elementary, middle, and high. Any full-time school which is licensed by the state and which meets the state requirements of a school.

Screening is a structure erected or vegetation planted for the purpose of concealing from view the area behind it.

Service commercial establishment. Any establishment wherein the primary occupation is providing assistance, knowledge and/or other financial services, as opposed to products, to individuals, businesses and other enterprises.

Service entity. A person, firm, or corporation owning or operating any private utilities and/or above ground utility cabinets, as defined in this section.

Shed is a Detached Accessory Structure intended solely for the storage of yard tools and supplies, motorized yard equipment, household items, etc. but not for storing motor vehicles, nor for human occupancy.

Shopping center is a group of commercial establishments, planned, developed, and managed as a unit related in location, size and type of sops to the trade area that the unit serves.

Shrubs refers to a linear planting or growth of multi-stemmed woody plants.

Sign contractors. Commercial printing or construction of signs, including construction, repair, installation, or removal of sign cabinets, mounts, or supports.

Sign printers. Printing or reproduction of signs or sign faces, for retail sale, not to include construction, repair, installation, or removal of sign cabinets, mounts, or supports.

Site plan approval is the process of review by the Plan Commission of individual components of an approved planned development for compliance with the provisions enumerated within any development agreements and the village codes and ordinances.

Site plan review is the procedure required of all proposed development in "areas of critical concern". Site plan review approval shall be a prerequisite for the issuance of a building permit. The site plan review procedure shall be performed as described in subsection 155.103(I) of this Chapter.

Shooting gallery and range, indoor (with ancillary retail sales of associated product) an establishment for the practicing of target shooting on an established target range(s) within an enclosed building to prevent any projectiles from projecting beyond the confines of the building. The sale of firearms may be permitted as an accessory use.

Small scale energy systems shall be defined as equipment and appurtenances used in the production of energy through the transfer of natural energy which includes , but is not limited to, solar panels and wind turbines.

Smoking establishment is an establishment, which has its principal business purpose dedicated to, or has the majority of its gross floor area dedicated to, the on-premises smoking or vaping of tobacco products or other legal substances, excluding cannabis, and/or is regulated through the Illinois Smoke Free Act, 410 ILCS 82/1 et seq.

Specialty shop is a retail shop that sells a narrow range of goods and products and serves a specific clientele or provides a specific product not readily found in other retail establishments.

Specified anatomical areas are defined as:

(1)

Less than completely or opaquely covered: (1) human genitals, (2) pubic region; (3) buttock, and (4) female breast below a point immediately above the top of the areola;

(2)

Human male genitals in a discernible turgid state, even if completely or opaquely covered.

Specified sexual activities are defined as:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse, fellatio or sodomy;

(3)

Fondling, kissing, or other erotic touching of specified anatomical areas.

Storage center is a structure containing individual storage units with access to individual units provided only through a central internal entrance and is intended for warehousing of personal property, as opposed to commercial inventory. Storage centers may also include as an ancillary use, the retail sales of related storage items, rental and/or storage of vehicles in conjunction with storage.

Story is that part of a building between the surface of any floor and the surface of the floor next above, and if there be no floor above, then the ceiling above. A basement is a story if its ceiling is five feet or more above the level from which the height of the building is measured, or if it is used for business purposes, or if it contains any dwelling units other than one dwelling unit for the caretaker of the premises.

Story, half is that portion of a building under a gable, hip, or mansard roof, the wall plates of which on at least two opposite exterior walls are not more than four and one-half feet above the finished floor of the story immediately below.

Street facing façade. Exterior walls of a building which extend from grade to top of the parapet or walls and the entire width of the building elevation, and are parallel to, or front, a public or private right-of-way.

Street, private is a paved area located on private property for the purpose of providing vehicular access to that property.

Street, public is a paved area within a dedicated right-of-way established to provide vehicular access abutting properties.

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

Structure is anything which is constructed or erected which requires permanent location on the ground or attachment to something having permanent location on the ground.

Structure, above-grade memorial. Above-ground structures within cemeteries installed for the purpose of marking, commemorating, or honoring a deceased person and not used for the above-ground entombment of human remains. Above-grade memorial structures include gravestones, family estate markers, ornamental benches, vases and other decorative structures, and similar aboveground structures.

Structure, at-grade memorial. At-grade markers or plagues within cemeteries installed for the purpose of marking, commemorating, or honoring a deceased person. All components of at-grade memorial structures shall be located even with or below the level of the adjacent ground. If any component of the structure is located above the level of the adjacent ground, it shall be regulated as an above-grade memorial structure.

Structure, accessory is any structure which is:

(1)

Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this Chapter.

(2)

Clearly incidental to, subordinate in purpose to, and serves the principal use; and

(3)

Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.

Structure, burial. Above-ground structures within cemeteries used, or intended to be used, for the entombment of human remains, including mausoleums, columbaria, and other similar structures.

Structure, temporary is any structure, designed, built, erected or occupied for short and/or intermittent periods of time.

Tattoo studio is any room or space where tattooing or body piercing, or a combination thereof, is practiced or where the business of tattooing or body piercing is conducted, or any part thereof.

Tattooing means making permanent marks on the skin of a live human being by puncturing the skin and inserting indelible colors. Tattooing includes imparting permanent makeup on the skin, such as permanent lip coloring and permanent eyeliner. Tattooing does not include any of the following:

(1)

The practice of electrology as defined in the Electrology Licensing Act.

(2)

The practice of acupuncture as defined in the Acupuncture Licensing Act.

(3)

The use, by a physician licensed to practice medicine in all its branches, of colors, dyes, or pigments for the purpose of obscuring scar tissue or imparting color to the skin for cosmetic, medical, or figurative purposes.

Tavern is an establishment where liquors are sold to be consumed generally on the premises. A tavern differs from a craft alcohol production facility in that liquors and other alcoholic beverages are not produced on-site. Packaged liquor may be sold, but only as part of an ancillary use when permitted by the Village of Lombard Zoning Ordinance and/or Liquor Commissioner.

Temporary occupancy is occupancy of a dwelling, structure or lot, by a person or persons to perform a particular use for a limited period of time, such as selling real estate, overseeing building construction, or selling Christmas trees.

Tent is any temporary structure or enclosure, the roof of which or one-half or more of the sides are constructed of silk, cotton, canvas, fabric, or a similar pliable material.

Terrace is a relatively level paved or planted area adjoining a building.

Tobacco shop is a retail establishment that sells pipes, pipe tobacco, cigars and cigarettes, which does not include the tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food or restaurant license and is regulated through the Illinois Smoke Free Act, 410 ILCS 82/1 et seq.

Tower. A structure used primarily to support reception and transmission equipment including any accessory mechanical or electronic equipment attached to the supporting structure that is required for the operation of the reception or transmission equipment, but also including any accessory structures used solely for the housing of the equipment mounting structure and its accessory equipment.

Three-component measuring system is a complement of instruments or seismograph which can record, simultaneously, vibration vectors in three mutually-perpendicular directions.

Threshold limit value (TLV) is the maximum allowable concentration permitted an industrial worker for eight hours exposure per day, five days a week, as adopted by the American Conference of Governmental Industrial Hygienists.

Toxic material is any substance (liquid, solid or gaseous) which by reason of an inherent deleterious property when emitted in any amount, is injurious to plants, animals, or human beings.

Trailer means a movable or portable unit to be towed on its own chassis and which is used for recreational or temporary office purposes, and is not designed for permanent or long-term residence.

Trellis is a vertical or diagonal lattice structure, more than 50 percent open, attached to a building for the purpose of growing vines.

Transitional landscape yard is a yard devoted exclusively to landscaping on a lot in circumstances where the lot abuts a more restrictive zoning district and the proposed use of the lot could create potential impacts on adjacent property.

Transitional yard is a required yard on a lot in circumstances where the lot abuts a more restrictive zoning district and the proposed use of the lot could create potential impacts on adjacent property. No principal buildings are permitted in transitional yards.

Truck terminal. An establishment in which semi-trailers, including tractor and/or trailer units, and other trucks are parked and stored awaiting dispatch for a delivery function. Truck terminals are not considered to be warehouse or distribution center uses.

Use, accessory is an activity conducted within a building or structure, or on the open area of the lot which is:

(1)

Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this ordinance.

(2)

Clearly incidental to, subordinate in purpose to, and serves the principal use; and

(3)

Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.

Use, conditional is a use—Either public or private—Which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such "conditional use" may or may not be granted, subject to the terms of this ordinance.

Use, existing is any use of a parcel of land or a building which exists on the effective date of this Chapter.

Use, nonconforming is any use of land, building, or structures, lawful at the time of the enactment of this Chapter, which does not comply with all of the regulations of this Chapter or of any amendment hereto governing use of the zoning district in which such use is located.

Use of property is 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 is a use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations, and standards of such district.

Use, principal is the main use of land or buildings as distinguished from a subordinate or accessory use. A "principal use" may be "permitted" or "conditional."

Variation is a relaxation of the provisions of this ordinance where such variation will not be contrary to the public interest and where a literal enforcement of the ordinance would result in unnecessary and undue hardship or encroach upon the property rights of others.

Variety store is a retail shop that sells a range of goods and products not generally falling into one category.

Vehicle is any device in, upon or by which any person or property is or may be transported or drawn upon a highway or waterway, except devices moved by human power.

Vibration is the periodic displacement, measure in increments of decibel inch.

Vibration frequency is the number of oscillations per second of a vibration.

Village Manager. The Village Manager of the Village of Lombard, Illinois or the Manager's duly authorized representative.

Wall is a linear structure which serves to support, retain, or screen.

Warehouse. An establishment used principally for the indoor storage of manufactured goods and/or materials before their distribution to retail locations or other warehouses. They are characterized by a small employment count due to their automation and the majority of the interior space being utilized for storage of products, materials or equipment. Goods or materials stored in a warehouse establishment are typically intended to be held for an extended time period (i.e., more than a day). Trucks and trailers are primarily intended to be on the premises during periods in which they are being loaded or unloaded or are owned by the business entity performing the warehouse function.

Watchman's quarters are working facilities for an owner/operator or employee to provide a 24-hour security in any zoning district where such accommodations are a permitted use. Watchman's quarters shall not serve as a primary residence for a watchman.

Yard is an open area on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in § 155.212 of this Chapter. A "yard" extends along a lot line, and to a depth of width specified in the yard requirements for the zoning district in which such zoning lot is located.

Yard, corner side is a yard which extends along the full length of a public street and extends from the required front yard setback line to the rear lot line.

Yard, front is a yard extending along the full length of the front lot line between the side lot lines.

Yard, interior side is a side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.

Yard, rear is a yard extending along the full length of the rear lot line between the side lot lines.

Yard, side is a yard extending along a side lot line from the front yard to the rear yard.

Yard, transitional is that yard which must be provided on a zoning lot in a Business District which adjoins a zoning lot in a Residence District, or that yard which must be provided on a zoning lot in an Industrial District which adjoins a zoning lot in either a Residence or Business District.

Zoning certificate is a certificate issued by the Director of Economic Development and Planning certifying that the use proposed to be located on a lot is in accordance with all of the regulations of the zoning ordinance.

Zoning lot. (See "lot of record".)

(Ord. 6857, passed 9-5-13; Ord. 6896, passed 11-21-13; Ord. No. 6950, § 2, passed 6-19-14; Ord. No. 6976, § 4, passed 8-21-14; Ord. No. 6994, § 2, passed 9-4-14; Ord. No. 7042, § 1, passed 1-22-15; Ord. No. 7172, § 1, passed 1-21-16; Ord. No. 7359, § 1, passed 4-20-17; Ord. No. 7569, § 1, passed 9-6-18; Ord. No. 7642, § 1, passed 4-4-19; Ord. No. 7728, § 11, passed 10-3-19; Ord. No. 7792, § 10, passed 3-5-20; Ord. No. 7925, § 9, passed 3-4-21; Ord. No. 7998, § 1, passed 11-4-21; Ord. No. 8015, § 11, passed 12-16-21; Ord. No. 8035, § 3, passed 3-3-22; Ord. No. 8055, § 5, passed 5-5-22; Ord. No. 8099, § 2, passed 11-3-22; Ord. No. 8123, § 3, passed 1-19-23; Ord. No. 8334, § 2, passed 2-20-25; Ord. No. 8367, § 2, passed 6-19-25; Ord. No. 8346, § 2, passed 3-20-25; Ord. No. 8347, § 1, passed 3-20-25)