For purposes of this title, certain terms or words used herein shall be interpreted as follows:

   A.   "Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, this village and any county, city, municipality, or other political subdivision, or any other group or combination acting as a unit, or personal representative thereof.

   B.   The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

   C.   The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.

   D.   The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied".

   E.   The word "lot" includes the words "plot" or "parcel". (1965 Code title 6 § 201.1)

The following words and terms, wherever they occur in this title, shall be construed as hereinafter defined:

ACCESSORY BUILDING, STRUCTURE OR USE: A building, structure or use which is customary in connection with and clearly incidental to the principal building, structure or use on a zoning lot. Accessory uses do not include the conduct of business or the raising of livestock, poultry or pets.

ACCESSORY RESIDENCE (Business District): A dwelling unit or units which do not meet the density or unit requirements for multiple- family housing in a business district, but which occupy the second or subsequent floor of a primary commercial building, initiated on the property in a lawful manner and comply with the village building and property maintenance codes. Such residences shall in no way occupy the first floor of any building on the property, nor more than forty percent (40%) of the total gross floor area of the building, and must otherwise comply with the parking requirements for residential units. Parking priority on such properties shall first be assigned to the commercial use requirements. Rooming houses or similar living arrangements or residences above accessory buildings shall not be considered to be an "accessory residence" as defined herein. Accessory apartments shall total no more than two (2) such apartments in a single building. Three (3) or more dwelling units shall constitute a multi-family residence and subject such properties to the requirements of chapter 6, article D of this title unless such use is part of an approved PUD.

ACRE: Forty three thousand five hundred sixty (43,560) square feet.

ADULT DAYCARE CENTER: A nonresidential facility offering supervised care, recreation or physical training for adults.

ASPHALT RECYCLING, STORAGE AND SALES: The process whereby previously manufactured asphalt is received, stored, segregated, processed and remixed, without the application or use of heat, for sale to end markets.

AUTOMOTIVE REPAIR FACILITIES: A building or premises used for the mechanical and/or electrical repair or reconditioning of motor vehicles.

BASEMENT: That portion of a building, all or partly underground, by having at least one-half (1/2) of its height below the average level of the adjoining ground.

BODY SHOP: A building or premises used for the repair, rebuilding or reconditioning of automobiles including bodywork, collision, service, welding, painting, and steam cleaning of vehicles. A "body shop" shall not provide for the storage of damaged vehicles except those which are to be immediately repaired.

BUILDING: Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels or property.

BUILDING HEIGHT: The vertical distance measured from the average elevation of the finished ground grade within twenty feet (20') of the front of the proposed building to the highest point of the roof. In the B-1 and B-2 commercial business districts and the I-1 industrial district, height shall be measured at the maximum vertical projection of any structure, including antennas, chimneys and spires.

BUILDING LINE: See definition of Setback Line.

BUILDING PERMIT: A document issued by the building department which authorizes performance of an activity which is subject to the Lyons building code.

BUILDING, PRINCIPAL: A building permanently affixed to the land in which is conducted the main or principal use of the lot on which said building is situated.

BUILDING, TEMPORARY: Any building not permanently affixed to the land.

BULK REGULATIONS: Regulations regarding any of the following characteristics:

   A.   Ground floor area.

   B.   Height of building.

   C.   Setbacks of exterior walls of buildings or structures at all levels in relation to lot lines, streets, or to other buildings or structures.

   D.   Gross floor area of the building or structure in relation to lot area (floor area ratio).

   E.   All open spaces allocated to the building.

   F.   The size and shape (area, lot frontage and lot width) of the zoning lot and the amount of lot area and lot width provided per dwelling unit or other unit of measure.

CEMETERY: Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery.

CHURCH: A building primarily used for religious worship. The word "church" shall include chapel, temple and synagogue.

CLUB: A building or portion thereof or premises owned or operated for social, literary, political, educational or recreational purposes primarily for the exclusive use of members and their guests.

COLLEGE OR UNIVERSITY: An educational institution of higher learning generally offering academic training to graduates of high schools (grade 12).

COMMERCIAL PARKING LOT: A zoning lot or contiguous lots, consisting of a minimum of twenty eight thousand (28,000) square feet/maximum one acre of land area, whose sole use is the provision of short or long term parking space for operative, currently licensed automobiles and trucks. A "commercial parking lot" shall not be combined with or encroach upon off street parking areas required by this title.

COMMERCIAL VEHICLE: Any vehicle, except standard passenger vehicles, 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 vehicle used in a ride sharing arrangement when being used for that purpose or a recreational vehicle not being used commercially. In any event, any vehicle with a license above a B plate or that is licensed for a gross weight, including vehicle and cargo, of eight thousand one (8,001) pounds or more, or any vehicle used in a commercial enterprise or containing lettering on the vehicle body advertising that commercial enterprise, shall be considered a "commercial vehicle".

COMPREHENSIVE PLAN: The plan, or any portion thereof, adopted by the village board, which establishes the goals, objectives and policies of the community and sets forth the general location and extent of present and proposed physical facilities including residential and commercial uses, major streets, parks, schools, other public facilities and land uses, including amendments thereto, when adopted.

CONCRETE RECYCLING, STORAGE AND SALES: The process whereby previously manufactured concrete is received, stored, segregated, processed and remixed for sale to end markets.

COOKING FACILITY: A portion of a residential use or building which is primarily constructed, designed or otherwise utilized as a place for preparing meals or consuming same through the existence of cooking appliance(s) and compatible water distribution arrangements. The elimination of a "cooking facility" in conjunction with this definition shall require the removal of the cooking appliance(s) and compatible water distribution arrangement.

CORNER LOT: See definition of Lot Types.

DAYCARE CENTER:

   A.   Any childcare facility which regularly provides daycare for less than twenty four (24) hours per day for more than eight (8) children in a family home (daycare center); or a family home which receives more than three (3), up to a maximum of twelve (12), children for less than twenty four (24) hours per day, including the family's natural or adopted children and all other persons under the age of twelve (12) (daycare home); or a family home which receives than more than three (3), up to a maximum of sixteen (16), children for less than twenty four (24) hours per day, including the family's natural or adopted children and all other persons under the age of twelve (12) (group daycare home). Any "daycare center", as defined, shall be licensed by the Illinois department of children and family services and shall require special use approval from the village. Such uses shall comply with the village property maintenance, building, plumbing, mechanical, electrical and life safety codes for childcare uses, as well as the bulk, area and parking requirements promulgated by this title.

   B.   The term does not include:

      1.   Kindergartens or nursery schools or other daytime programs operated by public or private elementary school systems or secondary level school units or institutions of higher learning;

      2.   Facilities operating in connection with a shopping center or service, or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and readily available;

      3.   Any type of daycare center that is conducted on federal government premises; or

      4.   Special activities programs, including athletics, crafts, instruction and similar activities conducted on an organized and periodic basis by civil, charitable, governmental and religious organizations.

   C.   Whenever care is provided in a private dwelling unit to a number of children that is less than the totals indicated above, the use shall be regulated as a home occupation if the number of children total more than two (2). The care of less than three (3) children shall be deemed as intermittent babysitting, of which such use is not regulated by this title.

DECIBEL: 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".

DENSITY: A unit of measurement; the number of dwelling units per acre of land.

DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, construction of or substantial improvements to buildings or other structures, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations. For purposes of requiring formal site plan approval by the village board of trustees, "development" shall mean the construction of a new commercial, industrial or multi-family building or buildings, parking lots or significant alteration of same. Planned unit development and redevelopment areas shall be construed as "development" for purposes of this definition. Such definition shall not include an accessory garage or storage shed of an area less than six hundred seventy six (676) square feet or ordinary repair and/or maintenance of existing parking areas and buildings.

DISTRICT: A part of the village wherein regulations of this title are uniform.

DRIVE-IN COMMERCIAL FACILITIES: A use of land where services or goods are rendered or delivered to customers in vehicles.

DRIVEWAY: A bituminous, concrete or similarly surfaced area on a zoning lot upon which vehicles may be driven or parked, and which may provide access to parking spaces.

DRIVEWAY APPROACH: A hard surface area from street pavement to zoning lot which provides vehicular access to a driveway; also known as a driveway apron.

DWELLING UNIT: Any building, or part thereof, which has living, sleeping, sanitary facilities and no more than one cooking facility, which is occupied in whole or in part as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently, in a single housekeeping arrangement.

DWELLING UNIT, MULTI-FAMILY: A building consisting of three (3) or more dwelling units, including condominiums with varying arrangements of party walls.

DWELLING UNIT, SINGLE-FAMILY: A building consisting of a single dwelling unit only, separated from other dwelling units by open space.

DWELLING UNIT, SINGLE-FAMILY ATTACHED: A building consisting of not more than four (4) dwelling units which are attached by common vertical walls.

DWELLING UNIT, TWO-FAMILY: A building consisting of two (2) dwelling units which may be either attached side by side or one above the other.

EFFICIENCY UNIT: A dwelling unit consisting of one principal room, together with bathroom, kitchen facilities and closet space.

FAMILY: One or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization, and including foster children placed by appropriate order of the court. A "family" may include no more than two (2) adult persons unrelated by blood, marriage, adoption or foster child arrangement.

FEEDSTOCK RECYCLING, STORAGE AND SALES: The storage of source segregated gravel, glass, brick, or block in accordance with village performance standards for use in any permitted operation.

FENCE: A tangible barrier constructed or installed of any allowable material, including plant materials, erected for the purpose of providing a boundary, or as a means of protection, or to prevent uncontrolled access, or for decorative purposes (such as an ornamental gate(s)), or to screen from view in or on adjoining properties and streets, materials stored and operations conducted behind it.

FENCE, OPEN: A fence, including entrance and exit gates, designed and constructed so that the surface area of any segment of such fence contains at least fifty percent (50%) open space, as compared to solid materials.

FENCE, SOLID: A fence, including solid entrance and exit gates, which effectively conceals from view, in or on adjoining properties and streets, materials stored and operations conducted behind it.

FILLING STATION: Buildings and premises where gasoline, oil, grease, batteries, tires or motor vehicle accessories may be supplied and dispensed at retail. A "filling station" may be part of an automobile repair facility if all use permits have been granted. In addition, minimarts or car washes may be allowed with an approved and operating filling station.

FLOOR AREA, GROSS: The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of the walls separating two (2) buildings. The floor area of a building shall include the basement floor area when more than one-half (1/2) of the basement height is above the established curb level or finished lot grade, whichever is higher. Floor area shall include elevator shafts and stairwells at each floor, floor space used for mechanical equipment, the attic space having headroom of seven feet ten inches (7'10") or more, interior balconies and mezzanines.

FLOOR AREA OF A NONRESIDENTIAL BUILDING (To Be Used In Calculating Parking Requirements): The floor area of the specified use excluding stairs, washrooms, elevator shafts and utility shafts.

FLOOR AREA RATIO: The numerical value obtained by dividing the floor area of a building or buildings by the net area of the zoning lot on which the building or buildings are located or intended to be located.

FLOOR AREA, USABLE: The measurement of "usable floor area" shall include that portion of the gross floor area, measured from the interior face of the exterior walls, used for or intended to be used for services to the public or customers, patrons, clients or patients, including area occupied by fixtures or equipment used for display or sale of goods or merchandise, but not including areas used or intended to be used for storage or processing or merchandise, utility or mechanical equipment rooms, or sanitary facilities. In the case of a half story, the "usable floor area" shall be considered to be only that portion having a clear height above it of four feet (4') or more.

FREQUENCY: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.

FRONTAGE: The length of that portion of a lot which is adjacent to a street or highway.

GARAGE, PRIVATE: A detached accessory building or portion of a principal building used or occupied for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises.

GARAGE, PUBLIC: A principal or accessory building, other than a private garage, used or occupied for parking or temporary storage of vehicles and in which no other service is provided for remuneration.

GARAGE, STORAGE: Any building space offered for sale or rental to be used or occupied for the storing of vehicles.

GRADE: The average elevation of the finished surface of the ground.

GROUP HOME: A residential building housing not more than eight (8) service dependent or developmentally disabled people living with professional staff. The "group home" constitutes a single housekeeping unit in which residents share responsibilities, meals and recreation. "Group homes" do not include rehabilitation centers or halfway houses for persons leaving prison or jail or as an alternative to prison or jail.

HOME OCCUPATION: Any occupation, business or commercial enterprise conducted within the home. (See section 13-4-8 of this title.)

HOSPITAL: A place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons, and those who are in need of medical and surgical attention, and who are provided board or room and kept overnight.

HOTEL, MOTEL: A building in which lodging is provided and offered to the public for compensation.

KENNEL 1 : Any lot or premises on which three (3) or more domesticated animals more than four (4) months of age are housed, groomed, bred, boarded, trained or sold, or which offers provisions for minor medical treatment.

LIVE ENTERTAINMENT:

   A.   For purposes of requiring special use approval, "live entertainment" shall be those activities conducted in a commercial entity for entertainment purposes that is not purely incidental to the main use. Live bands, comedic and theatrical performances and similar activities are considered "live entertainment" for purposes of this title. Karaoke, not provided as part of tournament, convention or other organized event, shall not be considered "live entertainment" for the purposes of this title. Jukeboxes and dinner music, such as a piano bar, shall not be considered "live entertainment" for purposes of this title. "Live entertainment" containing activities or areas as defined in chapter 5 of this title are regulated by that chapter and are not permitted special use activities where prohibited by that chapter.

   B.   Special use permits for "live entertainment" shall not only adhere to the special use elements promulgated within this title, but shall require, at minimum, conditions for special approval, adequate parking, means of egress, fire detection and suppression as required by this code, and adequate security as determined by the Lyons police department. Special use approval is not required for events conducted or officially sponsored by the village.

LOADING SPACE, OFF STREET: An open area of land, other than a street, public way, or required parking space, the principal use of which is for standing, loading and unloading of motor trucks, tractors and trailers to avoid undue interference with the public use of streets and alleys. A loading space need not be a dock. Also known as a "loading berth".

LOT: A parcel or tract of land.

LOT COVERAGE: The ground floor area of all buildings and accessory uses (including, but not limited to, driveways, parking areas, patios, decks, garages and sheds, but not including swimming pools) on a zoning lot divided by the area of the zoning lot.

LOT, FRONT OF: The narrowest portion of a zoning lot, which abuts a street.

LOT LINES: The dividing lines between a public way and an abutting lot, piece or parcel or the projected dividing lines between lots, pieces and parcels without regard to any recorded plat.

   Front Lot Line: The front street right of way line.

   Rear Lot Line: The lot line most nearly parallel to the front lot line.

   Side Lot Lines: Other lines.

LOT MEASUREMENTS: A lot shall be measured as follows:

   A.   Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the end points of the side lot lines at the front and the rear.

   B.   Width of a lot shall be considered to be the distance between straight lines connecting the front and rear lot lines at each side of the lot measured at the front building setback line.

   C.   The area of a lot shall be computed exclusive of any portion of the right of way of any public street or alley.

LOT OF RECORD: A lot properly platted and recorded in the office of the Cook County recorder of deeds.

LOT TYPES: Terminology used in this title with reference to corner lots, interior lots and through lots is as follows:

   Corner Lot: A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street shall be considered a "corner lot" if straight lines projected tangent to the curve from the points of intersection between the curve and the side lot lines meet at an interior angle of less than one hundred thirty five degrees (135°).

   Interior Lot: A lot other than a corner lot with only one frontage on one street.

   Reversed Frontage Lot: A lot on which frontage is at right angles to the general pattern in the area. A "reversed frontage lot" may also be a corner lot.

   Through Lot: A lot other than a corner lot with frontage on more than one street.

MAINTENANCE AND STORAGE FACILITIES: Land, buildings and structures devoted primarily to the maintenance and storage (including, without limitation, outdoor storage) of construction equipment and material.

MAJOR CHANGE: With regard to planned unit developments, a change in the approved materials, configuration or design of the development or a change in an element which was specifically approved in the PUD ordinance. Normal engineering modifications are not to be considered "major changes" with regard to planned unit developments.

MINOR CHANGE: Those changes not considered "major changes".

MOBILE HOME: A structure transportable in one or more sections, which is built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. A "mobile home" need not be designed or used as a residence. The term does not include recreational vehicles or travel trailers.

NONCONFORMING: A building, structure or use of land which does not conform to the zoning regulations of the district in which it is situated.

NURSERY: Land, building, structure or combination thereof for the storage, cultivation, or transplanting of live trees, shrubs or plants offered for sale on the premises including products used for gardening or landscaping.

NURSING/RETIREMENT HOME: A place or residence for the aged or infirm in which three (3) or more persons are received, kept or provided with food and shelter, or care, for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. "Nursing homes" typically provide ongoing, on site medical care.

OBSTRUCTION: Any building or structure, or part thereof, which is located so as to intrude upon any open space required by this title. Trees or shrubs shall not be considered as "obstructions", except as may be regulated herein. Recreational equipment, including swing sets and aboveground swimming pools, shall be considered "obstructions". Recreational vehicles shall be considered "obstructions".

OCCUPANCY PERMIT: A written statement by the zoning administrator stating that the building, use and premises are in compliance with all applicable standards, including this title.

OCTAVE BAND: A term denoting all the sound frequencies between any given frequency and doubles that frequency.

OUTDOOR CAFE OR EATING ESTABLISHMENT: An area located within the exterior premises of a licensed restaurant utilized for the purposes of food and beverage consumption. Such area shall be screened and protected as required by special use conditions, if any, and shall not be located within the required off street parking area of the restaurant. An "outdoor cafe or eating establishment" may be located on the public sidewalk adjacent to the restaurant, if so approved through the special use process and conditioned so as to be protected from cars and not cause a public hazard or nuisance. Such areas on public sidewalks shall not be permanent in nature. Alcoholic beverages shall be permitted in such areas, provided all applicable sections of the village alcohol control regulations 2 are met, and the area is properly contained to control and contain such use. Consideration for special use in this category shall include the potential for significant noise and other nuisances to adjacent properties, potential hazards, blighting and unsanitary conditions.

PARK OR PLAYGROUND, PUBLIC: A land use designed principally to offer recreation, passive and/or active, to the public.

PARKING LOT: An open vehicle parking area containing more than four (4) parking spaces.

PARKING SPACE: A bituminous, concrete or similar surfaced area, at least nine feet by eighteen feet (9' x 18'), other than a street or alley, accessible from an approved driveway approach and upon which vehicles may be parked.

PERFORMANCE STANDARD: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in the uses of land or buildings.

PERMITTED USE: A use of land, building or structure expressly permitted within a district.

PLANNED UNIT DEVELOPMENT: One or more uses accommodated in a planned environment under more flexible standards than those allowed in the district(s) in which the development is located.

PREMISES: A lot, together with all buildings and structures thereon.

PUBLIC USES: Administrative and cultural buildings, uses and structures, including buildings, lots and facilities owned, used or operated by any governmental agency.

PUBLIC UTILITY AND PUBLIC SERVICE FACILITY: Power plant; or bus, rail station, or other transportation depot; water treatment plant or pumping station; sewage disposal or pumping plant; and other similar public service structures erected, operated or regulated by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including, but not limited to, electrical, gas, rail transport, communication, and public water and sewage services facilities.

PUBLIC WAY: An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right of way, road, sidewalk, street, subway, tunnel, viaduct, walk or other way in which the general public or public entity has a right, or which is dedicated, whether improved or not.

RAILWAY FACILITIES: One or more rail lines including, without limitation, tracts, spurs, branch lines, extensions, and/or tramways, that are located within an industrial zone and that serve an industrial operation adjacent to said rail lines.

RECLAMATION OR FILL OPERATIONS: The operations necessary to receive and place uncontaminated soil or "clean construction or demolition debris", as defined by 415 Illinois Compiled Statutes 5/3.160(b), in a former quarry site in order to reclaim the site and make it suitable for redevelopment. These operations include the inspection, segregation, preparation and placement of such materials in accordance with the laws, rules and regulations of the state of Illinois. These operations may be combined with other permitted or approved special uses, subject to the applicable performance standards for each.

RECREATIONAL VEHICLE: Any camping trailer, motor home, mini-motor home, travel trailer, truck camper, van camper, boat or boat trailer used primarily for recreational purposes and not used commercially, as well as any vehicle bearing recreational vehicle (RV) registration (license) plates.

RESEARCH ACTIVITIES: The conduct of research, development, and testing in various fields of science, such as, but not limited to, chemistry, pharmacy, medicine, electricity, transportation and engineering.

RETAIL ESTABLISHMENT: A place of business devoted in whole or in part to the sale, rental and/or servicing of goods or commodities which are normally delivered or provided on the premises to a consumer.

RIGHT OF WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, a "right of way" normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities.

SCHOOL, ELEMENTARY, JUNIOR HIGH OR HIGH: A public or private educational institution whose principal use is the offering of primary and secondary school classes, grades K through 12.

SCREENING: Any structure or vegetation that conceals, protects or separates. Screening vegetation shall have year round opacity of at least seventy five percent (75%).

SEAT: The number of devices for seating individual persons or the number of spaces allocated for seating individuals (but not less than 24 linear inches) in multiperson seating units.

SETBACK LINE: A line generally parallel with and measured from the lot line, defining the limits of a yard within which no building or structure may be located aboveground, except as may be permitted by this title.

SIDEWALK, PUBLIC: That portion of the road right of way which is paved and intended for the use of pedestrian traffic.

SIGN: An identification, description, illustration, or device, illuminated or not illuminated, which is visible from any public place or is located on private property and exposed to the public, and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise, or any emblem, painting, banner, pennant, placard, or temporary sign designated to advertise, identify or convey information, and which is subject to regulation by the sections of the sign ordinance 3 . For purposes of removal, "signs" shall also include sign structures.

SINGLE HOUSEKEEPING ARRANGEMENT: The layout and use of a dwelling unit that is compatible for persons living together as a single unit. A single-family dwelling unit shall not be partitioned, cordoned or locked in such a manner that one adult occupant does not have free access to another part of the dwelling. The rental of individual rooms or certain portions of a dwelling unit is not a "single housekeeping arrangement".

SPECIAL USE: Includes, but is not limited to: a) public and quasi-public uses related to the public interest; b) uses which may have a unique, special, or unusual impact upon the use or enjoyment of neighboring property; and c) planned unit developments. "Special uses" require a special use permit.

SPECIAL USE PERMIT: The ordinance authorizing a special use.

STANDARD SHRUB: Any plant specimen, evergreen or deciduous, which, upon maturity, occupies a space not less than eighteen (18) cubic feet.

STANDARD TREE: A tree with a minimum caliper of three inches (3") (measured 1 foot aboveground), ten (10) to twelve feet (12') high, of a deciduous or evergreen variety, which is normally capable of attaining a twenty five foot (25') overall spread when the plant is twenty (20) years old.

STREET, PRIVATE: An undedicated street, privately owned and maintained, and intended as a primary means of access to a lot or lots.

STREET, THOROUGHFARE, OR ROAD: The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic.

STRUCTURAL ALTERATION: Any change, except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, but not including openings in bearing walls.

STRUCTURE: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, "structures" include buildings, walls, fences, signs, light standards, air conditioning units and heat pumps, and other fixed mechanical equipment as well as recreational equipment which is not moved on a regular basis.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals fifty percent (50%) of the fair market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. The term does not, however, include either: a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or b) any alteration of a structure or site documented as deserving preservation by the Illinois department of natural resources or listed on the National Register of Historic Places.

SWIMMING POOL: A pool, open tank or other containment of water intended for swimming or bathing, containing at least twenty four inches (24") of water at any point, and maintained by the owner or manager.

   Private Swimming Pool: Exclusively used, without paying an additional charge for admission, by the residents and guests of a single household, a multi-family development, the members and guests of a club, or the patrons of a motel or hotel.

   Public Swimming Pool: All other pools.

TOWER AND ANTENNA: Structure attached to a building or a detached structure affixed to the ground, used in the transmission, relaying or receiving of electromagnetic waves or signals.

TRUCK TERMINAL: A zoning lot or contiguous lots, exceeding one acre in total land area, utilized as accessory parking and loading for commercial trucks in conjunction with a single cartage, truck dispatching or similar enterprise. The use requires the presence of a primary building of substantial design and construction located on the affected property or contiguous thereto which is solely devoted to and occupied for the office, dispatch or similar operations of the truck terminal use.

USE: The specific purposes for which land or a building are designated, arranged, intended or for which they are or may be occupied or maintained. "Use" includes construction, establishment, maintenance, alteration, enlargement, and occupation.

VARIATION: An ordinance granting specific relief from the bulk requirements of this title.

VETERINARY CLINIC: A place used for the diagnosis and medical and surgical treatment of sick, ailing, infirm, or injured animals and which may include overnight indoor accommodations.

WATER PARKS, AMUSEMENT PARKS: Publicly or privately owned amusements and recreational uses, indoor or outdoor, which include public swimming pools, water slides, mechanical rides and/or similar activities that are not purely incidental to a principal approved use. When determining approval of this special use, the village board may set such reasonable terms and conditions that will provide for the protection of health, safety and welfare of the park participants, as well as area residents and businesses. Such determination may include the imposition of such fees and surcharges as may be necessary to provide for village services such as police protection, ambulance and fire response, public works and inspections.

WHOLESALE ESTABLISHMENT: A business establishment engaged in selling to retailers or jobbers rather than consumers.

YARD: An open space on a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

YARD, FRONT: The open space across the full width of the lot extending from the closest point of the front line of the principal building to the front lot line. On corner lots, the front yard shall face the street adjacent to the shortest lot line dimension.

YARD, REAR: The open space extending the full width of the lot between the closest point of the principal building and the rear lot line.

YARD, SIDE: The open space between the closest point of the principal building and the side line of the lot and extending from the front line to the rear line of the building.

ZONING CERTIFICATE: A written statement by the zoning administrator attesting that the application complies with all pertinent requirements of this title.

ZONING LOT: A single tract of land in common ownership located within a single block, which is used or occupied for any principal use, whether permitted, special or nonconforming. A "zoning lot" need not coincide with a lot of record and may consist of:

   A.   A single lot of record.

   B.   A portion of a lot of record.

   C.   A combination of complete lots of record; of complete lots of record and portions of lots of record; or of portions of lots of record.

   D.   A piece of property described by metes and bounds. (1965 Code title 6 § 201.2; amd. 2009 Code)