(A)

Territorial Application. This title shall apply to all land, structures, and uses within the corporate limits of the village.

(B)

General Application. All structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocations of existing structures occurring hereafter, and all enlargements and extensions of, additions to, changes in, and relocations of existing uses occurring hereafter shall be subject to all regulations of this title applicable to the zoning districts in which such land, structures, or uses are located. Existing structures and uses that do not comply with the regulations of this title shall be subject to the provisions of chapter 10 of this title relating to nonconformities.

(C)

General Prohibition. No structure, no use of any structure or land, and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, enlarged, extended, altered, moved, divided, or maintained in any manner, except as authorized by the provisions of this title and except in compliance with the regulations of this title. Without limiting the foregoing, any such activity that would cause any existing structure not to comply with this title or that would create any lot that could not be developed in compliance with this title shall be prohibited.

(D)

Private Agreements. This title is not intended to abrogate, annul, or otherwise interfere with any platted building line, easement, covenant, or other private agreement or legal relationship; provided, however, that where the regulations of this title are more restrictive or impose higher standards or requirements than such platted building line, easement, covenant, or other private agreement or legal relationship, the regulations of this title shall govern.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Existing Variations and Special Uses. Any variation or special use permit lawfully issued prior to the effective date of this title, or any amendment to it, that could be lawfully issued pursuant to the provisions in effect after such effective date shall be deemed to be and continue valid after such effective date subject to any conditions placed thereon at the time of issuance. Any structure or use lawfully authorized by any such variation or special use permit that could not be so issued after such effective date shall be subject to the provisions of chapter 10 of this title dealing with nonconformities.

(B)

Existing Uses and Structures Newly Requiring Special Use Permit. The owners of any use or structure lawfully existing on the effective date of this title, or any amendment to it, that did not, prior to such effective date, require a special use permit but which, after such effective date, does require a special use permit, may continue such use or maintain such structure by securing therefor a special use permit pursuant to the standards and procedures of section 5-11-17 of this title and other applicable provisions of this title. Unless and until such a permit is so secured, such use shall be subject to the provisions of chapter 10 of this title dealing with nonconformities.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

New Code Shall Apply. All work, structures, and uses authorized by building permits issued prior to the effective date of this title or any amendment to it, and for which a certificate of occupancy had been issued prior to such effective date, shall not be affected by this title. Except as provided in subsections (B) and (C) of this section, no certificate of occupancy shall be issued following the effective date of this title or any amendment to it unless the work, structure, or use for which the certificate of occupancy is sought is made to fully comply with the applicable provisions of this title or any such amendment.

(B)

Right to Complete Construction Pursuant to Approved Plans. Nothing in this title, or any amendment to it, shall be deemed to require any change in the plans, construction, or designated use of any structure if:

1.

A building permit for such structure was lawfully and properly issued prior to the effective date of this title or any such amendment to it, or such permit is issued after such effective date based upon a complete and proper application for such permit filed prior to such effective date; and

2.

Such permit had not by its own terms expired prior to such effective date; and

3.

Such permit was lawfully and properly issued in accordance with the law in effect prior to such effective date; and

4.

Construction pursuant to such permit is commenced prior to the expiration of such permit and within 90 days of such effective date and is thereafter diligently pursued to completion.

(C)

Right to Occupy as Nonconformity. Upon completion pursuant to subsection (B) of this section, such structure may be occupied by, and a certificate of occupancy shall be issued for, the use designated on such permit, subject thereafter, to the extent applicable, to the provisions of chapter 10 of this title relating to nonconformities.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

New Title Shall Apply. This title, and any amendment to it, shall apply to all applications for variations, amendments, and special use permits pending and not yet finally decided on the effective date thereof to which it would apply if such applications were filed on or after such effective date.

(B)

Notification to Owners. Within 30 days following the effective date of this title, or any amendment to it, the building superintendent shall inform each owner named on each application referred to in subsection (A) of this section that said application is subject to the provisions of this title, as amended, and will be processed in accordance therewith; that the owner may within 30 days following the mailing of such notice refile, without additional fee, its application on the basis of this title, as amended; and that if the owner does not so refile, its application may be denied for noncompliance with the provisions of this title, as amended.

(C)

Duty of Owner. Notwithstanding the provisions of subsection (B) of this section, it shall be the responsibility of each owner having an application pending on the effective date of this title, or any amendment to it, to modify such application in accordance with the terms and provisions of this title, as amended, and the failure to do so, whether or not the procedures of said subsections have been followed, may result in denial of such application for failure to comply with this title, as amended. Any modification or refiling of an application pending on such effective date in order to comply with the provisions of this title, as amended, shall be permitted at any time prior to the final disposition of such application and shall be permitted without payment of any additional fee.

(D)

Processing of Pending Applications. Upon the refiling of any pending application as herein provided, or upon notification from the owner that it will not refile or modify its application, or upon the expiration of 60 days following the effective date of this title or any amendment to it, whichever occurs first, such pending application shall be processed in accordance with the terms of this title, as amended; provided, however, that the application requirements, hearing requirements and procedural requirements set forth in chapter 11 of this title shall not apply to any such pending application and each such application shall be processed in accordance with the application, hearing, and procedural requirements that were in effect on the date such application was filed. Notwithstanding any other provision of this section, the building superintendent shall have the authority to request additional data, information, or documentation for pending applications when, in his or her judgment, such additional data, information, or documentation is necessary or appropriate to a full and proper consideration and disposition of such pending application.

(Ord. No. 2007-O-04, 4-24-2007)

The Long Grove zoning code, as adopted by ordinance dated November 18, 1957, and as amended from time to time thereafter, shall be, and it and all of said amending ordinances are, hereby repealed in their entirety. Except as expressly provided in this title, such repeals shall not affect or impair any act done, offense committed, or right accruing, accrued, or acquired, or liability, penalty, forfeiture, or punishment incurred prior to the time such repeal takes effect, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted as fully and to the same extent as if such repeal had not been effected.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Intent as to Severability. The several provisions of this title shall be severable in accordance with the following rules:

1.

Provisions Declared Invalid. If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provisions of this title.

2.

Applications Declared Invalid. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular lot, a particular structure or a particular use, such judgment shall not affect the application of said provision to any other land, structure, or use.

(B)

Applicable Regulations Following Declaration of Invalidity. Whenever the provisions of this title are declared invalid in their application to any particular lot, the zoning map provided for in section 5-2-3 of this title shall continue to show such lot in the zoning district applicable to it pursuant to this title unless and until such district is changed by an amendment adopted by the board of trustees pursuant to section 5-11-16 of this title; provided, however, that the lot in question shall also be marked with a star or other distinctive marking to direct attention to the court decree affecting said lot. The building superintendent shall maintain a file of any such decrees. The provisions of any such decree shall be deemed to modify the otherwise applicable provisions of this title as they apply to said lot to the extent provided in said decree but said lot shall otherwise remain subject to the provisions of this title.

(Ord. No. 2007-O-04, 4-24-2007)

This title shall take effect upon, and its effective date shall be the date of, its passage by the corporate authorities in accordance with state law. The building superintendent is hereby authorized and directed to publish this title in pamphlet form and to publish an appropriate notice of its adoption and availability in a newspaper of general circulation in the village.

(Ord. No. 2007-O-04, 4-24-2007)

In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, and general welfare, as set forth in the provisions hereof establishing the intent and purpose of this title in general and its various sections in particular. When the provisions of this title impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this title shall be controlling. When the provisions of any statute, other ordinance, or regulation impose greater restrictions than this title, the provisions of such statute, other ordinance, or regulation shall be controlling.

(Ord. No. 2007-O-04, 4-24-2007)

The provisions of this title shall be interpreted to be cumulative of, and to impose limitations in addition to, all other codes, laws, and ordinances in existence or which may be passed governing any subject matter of this title. The several provisions of this title shall also be interpreted to be cumulative of each other. to the greatest extent possible, the provisions of this title shall be construed to be consistent with, and not in conflict with, the provisions of such other codes, laws, and ordinances, and with each other, to the end that all such provisions may be given their fullest application.

(Ord. No. 2007-O-04, 4-24-2007)

The provisions of this title shall not be interpreted to be, or to grant, a consent, license, or permit to use any lot or to establish, locate, construct, or maintain any structure or use, or to carry on any trade, industry, occupation, or activity.

(Ord. No. 2007-O-04, 4-24-2007)

This title shall not be interpreted to validate or make lawful any unlawful use or structure existing upon the effective date of this title. Any such unlawful use or structure shall remain unlawful to the extent that said use or structure is in conflict with the provisions of this title.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

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

(B)

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

(C)

Gender. The masculine gender shall include the feminine and neuter. The feminine gender shall include the masculine and neuter. The neuter gender shall include the masculine and feminine.

(D)

Shall and May. The word "shall" is mandatory. The word "may" is permissive.

(E)

Time. The time within which any act required by this title is to be performed shall be computed by excluding the first day and including the last day, unless the last day is a Saturday or Sunday or a holiday declared by the United States Congress or the Illinois General Assembly, in which event it shall also be excluded.

(F)

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

(G)

Used For. The phrase "used for" shall include intended for, designed for, occupied for, maintained for, and arranged to be used or occupied for whenever that interpretation would result in the regulation being more restrictive in its application to any use or structure.

(H)

Village. The word "Village" means the Village of Long Grove, Lake County, Illinois.

(I)

County. The word "County" means the County of Lake, Illinois.

(J)

Undefined Terms. Any word not defined in section 5-12-13 of this chapter shall have the meaning given in any applicable Village Code or ordinance or, if none, in "Webster's New International Dictionary", current edition, except for words employed to refer to the permitted uses and special uses of this title, which shall be interpreted, insofar as applicable, in accordance with the meaning established in the "Standard Industrial Classification Manual 1987", as amended through the effective date of this title.

(K)

Captions, Illustrations, and Tables. in case of any difference of meaning or implication between the text of this title and any caption, illustration, or table, the text shall control.

(L)

Article, Section, and Paragraph Headings. This Code is divided into titles, chapters, sections, and subsections that shall be numbered according to the following format:

5-1-1(A)1(a)(1)A

and that shall be referred to in accordance with the following example:

(Ord. No. 2007-O-04, 4-24-2007)

When used in this title, the following terms shall have the meanings herein ascribed to them:

Abut. to touch, to lie immediately next to, to share a common wall or lot line, or to be separated by only a street, alley, or drainage course.

Accessory structure or use. See section 5-9-1(B) of this title.

Adjacent. to lie near, close to, or in the vicinity.

Agriculture. The growing of crops. See definition of expanded agricultural uses for other agricultural uses.

Antenna. Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Antenna support structure. Any structure used for the principal purpose of supporting an antenna.

Antenna surface area. See definition of surface area, antenna.

Antique vehicle. A motor vehicle that is more than 25 years of age or a bona fide replica thereof and which is driven on the highways only going to and returning from an antique auto show or an exhibition, or for servicing or demonstration, or a firefighting vehicle more than 20 years old which is not used as firefighting equipment but is used only for the purpose of exhibition or demonstration.

Area, gross. The total land and water area included in a parcel that is the subject of an application filed pursuant to this title, excluding only property located in public rights-of-way or private easements of access or egress at the time of application.

Area, net. The gross area of a parcel less land and water areas required or proposed to be publicly dedicated, or land to be devoted to private easements of access or egress. Both land and water areas not so publicly dedicated or devoted shall be included in the calculation of net area.

Authorized emergency vehicle. Emergency vehicles of the village of Long Grove as are designated or authorized by the village of Long Grove, police vehicles, vehicles of the fire department, and ambulances.

Automobile service station (gas station). Any building or portion thereof or premises used for dispensing or offering for sale at retail any automotive fuels or oils; having pumps and storage tanks; also, where battery, tire and other similar services are rendered, but only if rendered wholly within lot lines. Excluded are open sales lots, the parking, storing and sale of automobiles or any other commodity not incidental to an automobile service station.

Awning. An overhead cover that is temporary in nature and projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

Awning sign. A permanent sign affixed to or painted on an awning.

B&B. A detached single-family dwelling that is occupied by the owner of the lot and the operator of the B&B, or within the B1 or B2 district, an apartment or other living quarters amenable to a B&B operation, which is managed by an operator who need not reside on the lot as long as the operator has a person who is on site or close by and who is readily available to serve the needs of the guests, and which provides accommodations for a charge to the public with no more than six guestrooms for rent per principal structure, in operation for more than 14 nights in any six-month period. Breakfast may be provided to the guests only. B&B shall not include motels, hotels, boarding houses, or food service establishments.

Banner. A temporary sign composed of lightweight material or a similar durable all weather material used only for a specific time period to advertise a short term special or sale.

Basement. A portion of a building located partly or wholly underground having an average ceiling height above the front grade of not more than 3½ feet.

Berm. A hill or contour of land that acts as a visual barrier between a lot and adjacent properties, alleys, or streets.

Block. A tract of land bounded by streets or by a combination of streets, public lands, railroad rights-of-way, waterways, or boundary lines of the Village.

Buffer yard. The required landscape area around the perimeter of the lot.

Building. Anything constructed for the shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.

Building, accessory. See accessory structure or use.

Building, completely enclosed. A building separated on all sides from the adjacent open space or from other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Building-mounted wind energy systems (BWES). Wind Energy Systems that are structurally attached either onto the roof of or to the side of a building.

Building or structure front. That exterior wall of a building or structure most nearly parallel with and adjacent to the front lot line.

Building, principal. See principal structure or building.

Building, residential. A building which is arranged, designed, used or intended to be used for residential occupancy by one family.

Building superintendent. When used in this title, the term Building Superintendent shall refer either to such official or to his or her duly authorized delegates.

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

Bulk and space regulations. The regulations of this title pertaining to the permissible or required height, volume, area, floor area, floor area ratio, minimum lot area and dimensions, building coverage, lot coverage, and usable open space applicable to uses and structures. The term does not include yard requirements.

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

Caliper. The diameter of the trunk of a tree measured in inches at a point six inches above ground line. This point of measurement is used for nursery stock.

Campaign sign. Temporary signs announcing candidates seeking public office or expressing political issues for which an election will take place.

Canopy. A rooflike structure that projects permanently and continuously from the exterior wall of a building or from a freestanding support for the purpose of shielding a sidewalk, stoop or platform from the elements.

Canopy sign. A permanent sign affixed to or painted on the canopy.

Collocation. The use of a single support structure and/or site by more than one provider of personal wireless services.

Commercial building lighting. Lighting attached to any nonresidential structure, including lighting near doors, lights mounted on buildings, which illuminate the grounds and lighting, which is directed to illuminate the facade of the building.

Commercial vehicle. Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for hire or not for hire, but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle not being used commercially.

Common open space (COS). Undeveloped land used primarily for resource protection or recreational purposes.

Conservancy district. for the purposes of this title, any area designated as "Conservancy District" or "conservancy easement" on a subdivision or planned unit development plat, or so classified by title 7 of this Code.

Construction sign. A temporary sign used to identify the company or companies involved in the construction of a building or subdivision, including identification of the developers, contractors, engineers, lender and architects involved in the construction project.

Curb level. The level of the established curb in front of a building or structure, measured at the center of such front. Where no curb level has been established, it shall be deemed to be the established level of the centerline of the street surface in front of a building or structure, measured at the centerline of such front.

Cutoff. A hood, shade, or other device on an exterior light fixture for shielding or obscuring the diffusion of illumination from the light source or sources of such fixture.

Daycare center. Any facility which regularly provides daycare for fewer than 24 hours per day for more than eight children in a dwelling unit who do not reside in such dwelling unit, or for more than three children in a facility other than a dwelling unit.

Development. Any manmade change, other than maintenance of existing structures, paved areas, or utilities, to improved or unimproved real estate, including, without limitation, the construction or installation of new, or enlargement of existing, structures, streets, or utilities; dredging, filling, drilling, mining, grading, paving, or excavating operations; and open storage of materials.

Diameter breast height (DBH). The diameter of the trunk of the tree measured in inches at a point 4½ feet above grade.

Directional or panel antenna. Personal wireless services antenna that receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees.

Directional sign. Any noncommercial sign which serves solely to designate the location or direction of an activity, business or event.

Dog kennels, public. Any premises where three or more dogs over four months of age are owned, boarded, bred and/or offered for sale.

Driveway. A private accessway that provides direct access from a street to not more than one lot or one principal building or use.

Driveway lighting. Lighting, which is designed to identify the location of a driveway, when reasonably necessary due to significant traffic flow, to light the edge of the driveway to prevent lawn damage, to promote traffic safety at the intersection of the driveway with the adjacent road, and/or to provide illumination in areas in which automobile drivers or passengers would enter or exit a vehicle.

Dwelling. A residential building or portion thereof; but not including hotels, motels, rooming houses, rest homes, tourist homes or trailers.

Dwelling, single-family detached. A dwelling containing only one dwelling unit, situated on a separate subdivision lot capable of individual sale and surrounded by open space.

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

Enlargement. An addition to the floor area of, or any other increase in the size of, any existing structure.

Erect. to build, construct, attach, hang, place, suspend or affix and includes the painting of signs. Does not include the changing of a message or normal maintenance or repair of a sign or of a sign structure.

Expanded agricultural uses. The raising of livestock and poultry (except for chickens as an accessory use in Residential Zoning Districts as provided for in this Code), research and experimental farms and all activities incidental thereto, greenhouses, nurseries, apiaries, dog kennels, and the on the premises selling of the products raised thereon.

Exposed basement. A basement having more than 25 percent of its exterior perimeter walls with more than 3½ feet above the immediately adjacent finished ground level.

Extension. An increase in the amount of existing floor area used for an existing use within an existing structure or an increase in that portion of a tract of land occupied by an existing use.

Exterior lighting of dwelling. Lighting, which is designed to provide illumination for safe ingress or egress to the dwelling, including the garage, but shall not include illumination of the exterior of the building (silhouette lighting).

Family. One or more persons each related to the other by blood, marriage or adoption, or a group of not more than three persons not so related, together with his or their domestic servants, maintaining a common household in a dwelling unit. A family may include not more than two lodgers, boarders or permanent guests, whether or not gratuitous.

First division. Those motor vehicles which are designed for the carrying of not more than ten persons.

Flashing sign. Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source.

Floor area, gross (or floor area) (for all purposes except determining off-street parking requirements). The sum of the gross horizontal areas of all floors of a building or of such area thereof devoted to a specific use, measured from the exterior face of exterior walls or from the centerline of walls separating two buildings or uses. Gross floor area shall include areas such as basements and exposed basements for buildings other than single-family dwellings, and for single-family dwellings shall include 50 percent of the entire gross floor area of an exposed basement (but not other basement area); elevator shafts and stairwells at each floor; floor spaces and shafts used for mechanical, electrical, and plumbing equipment; penthouses; attic floors in habitable attic spaces; interior balconies and mezzanines; atria; covered walkways or terraces; enclosed porches and floor space used for accessory uses. Gross floor area shall also include floor area devoted to parking garages and structures, but not parking lots. Where any space has a floor to ceiling height of more than 16 feet, each 16 feet of height or fraction thereof shall be treated as a separate floor. (The Village Manager or the Manager's designee may prepare from time to time illustrations or examples regarding the calculation of exposed basements for purposes of gross floor area; such illustrations or examples are intended to be aids for administering the gross floor area regulations and do not alter the terms of this Code.)

Floor area, net (for determining off-street parking requirements). The gross floor area of a building plus any exposed lower level floors, minus elevator shafts and stairwells at each floor; floor space and shafts used for mechanical, electrical, and plumbing equipment; exterior building walls; floor space devoted to parking garages and structures; and basement floors.

Floor area ratio (FAR). The gross floor area of a building divided by the total lot area of the zoning lot on which it is located.

Foot-candle. A unit of illuminance on a surface one foot distant from a source of light of one candle power, equal to one lumen per square foot. as an example, a typical 60 watt incandescent lamp (840 lumens) produces an illuminance of 0.1 foot-candle at a distance of 25 feet.

Front grade. The lowest level of the ground proposed after any reshaping of the natural contours at any point of the foundation along a building or structure front.

Frontage. The length of the lot line on a zoning lot parallel to and along each roadway easement or right-of-way it borders.

Garage, private. An accessory building or any accessory portion of the principal building, including a carport which is intended for and used to store the private vehicles of the family resident upon the premises, and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on.

Garage sale sign. A temporary sign used to advertise the sale of secondhand merchandise from the garage or driveway of a dwelling.

Geothermal energy system. A system or mechanism or series of mechanisms designed to provide heating or cooling or to produce electrical or mechanical power, or any combination of these, by a method that extracts or converts the energy naturally occurring beneath the earth's surface in rock, structures, water, or steam. Geothermal Energy Systems include, without limitation: vertical closed loop, horizontal closed loop, and body of water closed loop systems.

Glare, direct. Light visible directly from the source thereof.

Grade. The lowest level of the ground proposed after any reshaping of the natural contours at any point of the foundation of a structure or proposed structure.

Grocery store. Any store, or such portion of a store or occupancy unit, with an aggregate floor area in excess of 5,000 square feet devoted to the sale of food and food products (excluding alcoholic beverage products) intended primarily for off premises consumption, including delicatessens and bakeries whose primary offerings are prepared foods in bulk quantities.

Ground floor area. The lot area covered by a building measured from the exterior faces of exterior walls, exclusive of terraces, breezeways, open porches, carports and garages.

Ground sign. Includes any sign supported by one or more uprights, poles or braces placed upon the ground or a sign placed directly on the ground, and not attached to any building.

Guest. A person who occupies the B&B as a tenant for no more than 14 days in any six-month period.

Guesthouse. An accessory building for the purpose of housing guests, domestic servants, and tenants. A caretaker structure shall be considered a guesthouse for purposes of this title.

Guestroom. A sleeping room intended to be occupied by no more than two guests.

Habitable attic. An attic in a building or portion of a building constructed or altered after February 24, 2009, having a height of seven feet or more, measured from the floor level (or if no installed floor, the top of the ceiling joists from the floor immediately below) to the bottom of the roof joists or structural truss element, provided that:

(A)

The attic either: 1) may be accessed via stairs, or 2) is horizontally adjacent to occupied portions of the building; and

(B)

Any attic with a sloped ceiling qualifies as a habitable attic only if one-half or more of the floor level of the attic space extends at least seven feet in height.

Height, building. The vertical distance from the lowest ground surface adjacent to the structure and the highest point of the underside of the ceiling beams in case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of rafters between eaves and the ridge of a gable, hip or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar architectural projections but not including signs, shall not be included in calculating building height.

Height, tower. When referring to a tower or other structure, the distance measured from ground level to the highest point on the antenna, tower or other structure.

Holiday lighting. Temporary seasonal lighting, which is traditionally displayed during holiday periods, is decorative, and has low level illumination so that the grounds are not illuminated.

Home occupation. Any gainful occupation engaged in by the occupant of a dwelling at or from the dwelling. See section 5-9-2 of this title.

Illuminated sign. Any sign which has characters, letters, figures, designs or an outline illuminated internally or externally by electric lights or luminous tubes. See section 5-9-5 of this title.

Impervious surface. Any manmade area or surface on a zoning lot including, without limitation, buildings and structures, parking areas, parking lots, driveways, sidewalks, decks, patios, and paved recreational facilities.

Impervious surface coverage. The percentage of a lot area that is covered by any impervious surface.

Installation. When referring to a tower, the combination of antenna, tower, support building, and related structures and improvements which collectively permit the reception and retransmission of telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Intersection or street lighting. Lighting, which is elevated aboveground and is reasonably designed to illuminate a street intersection or road in such a fashion to promote vehicular and pedestrian safety.

Land banking. The practice of acquiring land and holding it for future uses, including, without limitation, parking.

Land use and zoning plat. A drawing or map made to a measurable scale upon which is presented a description and definition of the way in which the design requirements of the planned development are to be met and intended for recording with the County Recorder of Deeds.

Landscape lighting. Lighting which is located on the grounds and is primarily designed to illuminate or silhouette vegetation, a lawn or garden. This type of lighting may incidentally illuminate a portion of a building.

Lot or zoning lot. A parcel of land (whether legally so described or subdivided as one or more lots or parts of lots) located within a single block, occupied by, or intended for occupancy by, one principal building or principal use, and having its principal frontage upon a street.

Lot area. The area of horizontal plane bounded by the vertical planes through front, side, and rear lot lines, excluding, however, land areas subject to easements for public or private access or egress.

Lot line. A lot boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street, the lot line shall be deemed to be the street line.

Lot line, front. That boundary of a lot which is along an existing or dedicated street lot line as the front lot line.

Lot line, rear. That boundary of a lot which is most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet in length within the lot, parallel to, and at the maximum distance from, the front lot line.

Lot line, side. Any boundary of a lot which is not a front or rear lot line.

Lot of record. A lot that is part of a subdivision, the plat of which has been recorded in the Office of the Lake County Recorder of Deeds, or a parcel of land separately described in a recorded deed.

Monopole. Support structure which consists of a single pole sunk into the ground and/or attached to a foundation.

Nameplate sign. A sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted home occupation therein.

Neon illuminated sign. A sign that is illuminated by a neon or glowing filament.

Nonconforming lot of record. A lot of record that does not comply with the lot requirements for any use permitted in the district in which it is located.

Nonconforming sign. Any sign which was lawfully erected and continuously operated and maintained, but which fails to conform to all applicable regulations and restrictions of this title.

Nonconforming structure. Either:

(A)

Any building or structure, other than a sign, lawfully existing on the effective date of this title, or any amendment to it rendering such building or structure nonconforming, that:

1.

Does not comply with all of the regulations of this title, or any such amendment thereto, governing parking, loading, or bulk and space requirements for the zoning district in which such building or structure is located; or

2.

Is located on a lot that does not, or is so located on a lot as not to, comply with the yard or setback requirements for the zoning district in which such building or structure is located; or

3.

Both subsections (A)1 and (A)2 of this definition; except

4.

Any building containing one or more dwelling units in addition to the number permitted by the district regulations in the district where it is located shall be deemed to be a nonconforming use rather than a nonconforming structure; or:

(B)

Any single-family detached dwelling that: 1) was constructed pursuant to a duly issued building permit and 2) is located on a lot that was a nonconforming lot of record as to lot area as of January 1, 2006.

Nonconforming use. Any use lawfully being made of any land, building, or structure, other than a sign, on the effective date of this title, or any amendment to it rendering such use nonconforming, that does not comply with all of the regulations of this title, or any such amendment hereto, governing use for the zoning district in which such land, building, or structure is located.

Nonretail use. Any use whose predominate activity does not produce Sales Tax for the Village, including, but not limited to, banks, brokerage offices, real estate offices, and other business or professional offices, and residential uses.

Off site advertising sign. An off site sign shall be deemed another term for billboard sign.

Offices. General, professional and medical offices.

Omnidirectional or whip antenna. Personal wireless services antenna that receives and transmits signals in a 360 degree pattern, and which is up to 12 feet in height and up to three inches in diameter.

Operator, B&B. The owner of the B&B establishment, or the owner's agent, who manages the B&B operation and who is required to reside in the B&B establishment, or on a contiguous lot, except as otherwise provided for a B&B situated in the B1 or B2 District.

Owner. Includes the holder of legal title as well as holders of any equitable interest, such as trust beneficiaries, contract purchasers, option holders, lessees under leases having an unexpired term of at least ten years, and the like.

Parking lot lighting. Lighting of a municipal or commercial area which is devoted to temporary storage of motor vehicles. This type of lighting is designed to provide illumination during permitted business hours.

Passenger car. A motor vehicle of the first division including a multipurpose passenger vehicle, that is designed for carrying not more than ten persons.

Permanent sign. Any sign that is not classified as a temporary sign.

Person. Any individual, association, partnership, corporation, or any other legal entity.

Personal wireless facilities. Equipment, accessory buildings, and other instruments, appurtenances, and facilities associated with the operation of a personal wireless services antenna.

Personal wireless services. Commercial mobile telecommunications services, unlicensed wireless telecommunications services, and common carrier wireless telecommunications exchange access services.

Personal wireless services antenna. An antenna used in connection with the provision of personal wireless services, including directional or panel antennas and omnidirectional or whip antennas.

Photovoltaic cell. A semiconductor device that converts solar energy into electricity.

Planned unit development. A tract of land that is developed as a unit under single ownership or unified control, that includes two or more principal buildings or uses, and is processed under the planned development procedure contained in section 5-11-18 of this title. A planned unit development is intended to provide residential or nonresidential users freedom to create flexible standards tailored to the individual development proposal in return for superior design quality.

Playing court. A surfaced area that requires either grading, placement of a surface other than sod or installation of permanent or semipermanent equipment such as posts, nets, baskets and the like.

Political message sign. A sign, other than a campaign, that expresses a noncommercial message regarding an issue of political or public concern.

Portable sign. Any sign not permanently attached to the ground or a building.

Premises. A lot together with the buildings and structures thereon.

Principal structure or building. A structure or building on a zoning lot intended to be utilized for a principal use and to which any other structure on such lot must be accessory.

Principal use. The use of a zoning lot, whether a permitted or specially permitted use, designated by the owner of such lot as the primary or main use of such lot and to which any other use on such lot must be accessory.

Private sign illumination. The lighting of any sign, which is otherwise permitted, which sign is not installed or maintained by any governmental entity, such as, but not limited to, subdivision identification signs.

Public hearing. A meeting conducted pursuant to the provisions of the Illinois Open Meetings Act at which members of the general public must be permitted to give testimony, evidence, or opinions relevant to the subject matter.

Public meeting. A meeting conducted pursuant to the provisions of the Illinois Open Meetings Act at which members of the general public, as opposed to members of the committee, board, or commission and as opposed to the owner for relief, have no right (but may be given the opportunity) to offer testimony, evidence, or opinions.

Real estate sign. A business sign temporarily placed upon a lot for the purpose of either selling, leasing or renting that particular lot.

Recreational club. A recreational establishment whose principal activities center around the following, or a combination of them:

Golf

Riding stables

Swimming

Tennis

The membership may participate as private members, semiprivate members or on a daily fee basis. Liquor, if licensed by the Village, food and merchandise at retail may be sold as an accessory use; however, said sales may not become the principal use and must terminate if the principal use is terminated. Recreational clubs shall be limited to the following minimum acreages:

Golf course, not less than 80 acres per nine-hole course.

Riding stables, not less than 40 acres.

Tennis and swimming club, not less than ten acres.

Clubhouses, barns, other structures or parking facilities shall not be located closer than 300 feet from dwellings existing at the time any of the foregoing facilities are constructed.

Recreational vehicle. Every camping trailer, motor home, mini-motor home, travel trailer, truck camper or van camper used or designed to be used for recreational purposes and not used commercially nor owned by a commercial business.

Religious facility. A use intended for the purpose of religious exercise (including prayer, study, assembly, and community service). A religious facility shall include, without limitation, churches, temples, synagogues, and mosques.

Residential yard or grounds lighting. Lighting, which is designed to promote safe pedestrian travel along walkways, swimming pools or patios.

Restaurant, fast food. An establishment whose principal business is the sale of prepared food and/or beverages over a counter and/or by way of drive through service in a ready to consume state for consumption: a) within the restaurant building, b) within a motor vehicle parked on the premises, or c) off the premises as carryout orders, and whose principal method of operation includes the following characteristics: a limited menu, items prepared in advance or prepared or heated quickly, no table orders, and food served in disposable wrapping or containers.

Restaurant, limited service. An establishment whose principal business is the sale of food and/or beverages to customers in a ready to consume state, for consumption within the restaurant building or off premises as carryout orders, but not through a drive through, and whose principal method of operation may include the following characteristics: a) entrees are substantially made to order, b) restaurant may provide delivery service, c) customers "eating in" receive distinct service from carry out customers, which may include service with nondisposable containers, plates, baskets, and/or flatware and limited table service, and d) menu may include alcoholic beverages pursuant to all applicable permits and laws.

Restaurant, standard. An establishment whose principal business is the sale of food and/or beverages to customers in a ready to consume state, and whose principal method of operation includes one or both of the following characteristics:

(A)

Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed;

(B)

A cafeteria type operation where food and beverages generally are consumed within the restaurant building.

Retail stores. Stores selling retail merchandise including: apparel and accessories, books, cameras, department and variety goods, drugs, florists, foods (except restaurants), furniture and home furnishings, gifts, hardware, hobbies and toys, jewelry, liquor, luggage, news, optical goods, paint and wallpaper, sewing and dry goods, sporting goods and bicycles, and stationery.

Right-of-way, private. A strip of land designated for use for vehicular or pedestrian access or passage, or for utility lines or similar facilities, that has not been dedicated to or accepted by any government agency.

Right-of-way, public. A strip of land designated for use for vehicular or pedestrian access or passage, or for utility lines or similar facilities, that has been dedicated to and accepted by a government agency.

Road sign lighting. Lighting of any sign, which is installed or maintained by any governmental entity, or is otherwise directory in nature, and lighting is reasonably necessary to augment illumination by automobile headlights.

Roof sign. A sign that is erected, constructed, or maintained on or above the roof of any building.

Screening. A structure erected or vegetation planted that conceals an area from view at all times during the year.

Second division. Those motor vehicles which are designed for carrying more than ten persons, those motor vehicles designed or used for living quarters, those motor vehicles which are designed for pulling or carrying freight, cargo or implements of husbandry, and those motor vehicles of the first division remodeled for use and used as motor vehicles of the second division.

Security lighting. Lighting, which is controlled by an alarm system and is only illuminated when the alarm is sounded or otherwise engaged for its intended emergency purpose or purposes.

Service businesses. Businesses in which income is produced primarily by the rendering of personal services including banks, barber and beauty shops, financial services, funeral homes, repair services (except automotive), and travel.

Sign. Any copy, device, display or structure other than a building or landscaping, readily visible from public property and used primarily for visual communication. A sign includes, but is not limited to, any and all reading matter, letters, numerals, emblems, trademarks, flags, banners, pictorial representations, streamers, pennants affixed to a building.

Sign face. The surface of a sign upon, against, or through which the message is displayed or illustrated.

Small wind energy systems (SWES). Free-standing, tower-mounted Wind Energy Systems with a system height measuring less than 175 feet from the ground.

Solar energy system. A system for which the primary purpose is to convert solar energy into thermal, mechanical or electrical energy for storage and use.

Solar panel. A group of photovoltaic cells that are assembled on a panel used as part of a Solar Energy System.

Stable. A building where horses are raised or kept for hire or boarded for remuneration.

Storefront. A separate occupiable space for which a certificate of occupancy has been issued, or which has been and remained in use from a time preceding the Village's practice of issuing certificates of occupancy.

Street (avenue, place, road, lane or highway). A right-of-way which affords a primary means of access to abutting lots.

Structural alterations. Any change, other than incidental repairs, in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders; or any substantial change in the roof or exterior walls.

Structure. Anything erected, the use of which requires more or less permanent location on the ground; or attached to something having a permanent location on the ground. An advertising or business sign or other advertising device, if detached or projecting, shall be construed to be a separate structure.

Subdivision regulations. The Long Grove subdivision regulations, title 6 of this Code.

Subdivision sign. A permanent residential development sign located at the entrance to a subdivision that is designed to identify a residential subdivision and contains no advertising matter.

Substantial conformity. for the purposes of granting plan approvals relating to planned developments and site plans, a newly submitted plan shall be deemed to be in substantial conformity with a previously approved plan if, but only if, the newly submitted plan:

(A)

Does not increase the number of dwelling units, the gross floor area of the development, or the gross floor area devoted to any particular use; and

(B)

Does not increase building coverage by more than ten percent of the percentage of the previously approved plan; and

(C)

Does not change the orientation of any building by more than two percent compared to the previously approved plan; and

(D)

Does not decrease open space; and

(E)

Does not change the general location of any open space in any manner to detract from its intended function in the previously approved plan; and

(F)

Does not change the general location and arrangement of land uses within the development as shown on the previously approved plan; and

(G)

Does not change or relocate rights-of-way shown on the previously approved plan in any manner or to any extent that would decrease their functionability, adversely affect their relation to surrounding land use and rights-of-way elements, or reduce their effectiveness as buffers or amenities; and

(H)

Does not alter the percentage of any land use in any stage of the development by more than ten percentage points as compared to its percentage in the previously approved plan; and

(I)

Does not delay any stage of the previously approved development schedule by more than 12 months; and

(J)

Does not violate any applicable law or ordinance; and

(K)

Does not depart from the previously approved plan in any other manner determined by the reviewing body or official, based on stated findings and conclusions, to be a material deviation from the previously approved plan.

Support structure. Structure to which antenna and other necessary associated hardware is mounted. Support structures include, but are not limited to, existing structures, towers, and monopoles.

Surface area, antenna. An area determined by adding together the actual surface area of each solid element or part of an antenna or its support structure, where "solid" is defined to include all air spaces that are fully bounded by solid elements.

Tearoom. A restaurant that serves tea, coffee or other soft beverages and light meals for breakfast and lunch and which is open for business only during daytime hours.

Temporary sign. A sign that is constructed of cloth, canvas, fabric, paper, plywood, or other light material and intended to be displayed for a short period of time.

Temporary uses. See section 5-9-3 of this title.

Tennis court. A leveled area normally with either a grass, clay or hard surface that is to accommodate a standard sized court with posts and net and the necessary surrounding playing area and is usually enclosed by a fence. Grass playing courts without fences are not covered by this definition.

Tower. Support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross section.

Trailer. Any vehicle or similar portable structure originally designed or converted so as to provide living quarters.

Truck. Every motor vehicle designed, used, or maintained primarily for the transportation of property.

Use. The purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained.

Use, accessory. See accessory structure or use.

Use, principal. See principal use.

Vacant. Not developed with any building, structure, or paving or surfacing of the ground.

Vehicle. Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act.

Vision triangle. A triangle measured 25 feet from the intersections of any two right-of-way lines or roadway easements and 15 feet, from the intersection of a driveway, a right-of-way or roadway easement. See appendix 3 on file in the Village.

Wall sign. A sign attached to a wall of a building or structure in such a manner that the wall becomes merely the supporting structure, or in which the wall forms the background surface.

Wind energy system (WES). A wind energy production, conversion and distribution system consisting of a wind turbine, tower or other structure on which the turbine is mounted, and associated electronic, electric, or other mechanical equipment; provided, however, that such WES shall be limited to Building-Mounted Wind Energy Systems and Small Wind Energy Systems.

Window sign. Any sign affixed to, in contact with, or within 12 inches of a window.

Yard. An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this title. A yard extends along a lot line and at right angles to such line to a depth or width specified in the yard regulations for the district in which such lot is located.

Yard, front. A yard extending along the full width of the front lot line between side lot lines.

Yard, rear. The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extended for the full width of the lot.

Yard, required. The minimum yard depth designated in the regulations of this title establishing minimum front, corner side, side, and rear yard requirements for various uses, structures, and districts.

Yard, side. A yard extending along a side lot line between the front and rear yards.

(Ord. No. 2007-O-04, 4-24-2007; Ord. No. 2008-O-7, 2-26-2008; Ord. 2009-O-07, 3-10-2009; Ord. 2011-O-37, 11-22-2011; Ord. 2013-O-07, 4-23-2013; Ord. 2013-O-09, 5-28-2018; Ord. 2019-O-01, 1-8-2019; Ord. No. 2020-O-10, § 6, 6-23-2020)