The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction:

   (A)   The singular number includes the plural, and the plural the singular.

   (B)   The present tense includes the past and future tenses, and the future tense includes the present.

   (C)   The word "shall" is mandatory while the word "may" is permissive.

   (D)   The masculine gender includes the feminine and neuter.

   (E)   Whenever a word or term defined hereinafter appears in the text of this title, its meaning shall be construed as set forth in the definition thereof, and any word appearing in parentheses, between a word and its definition herein, shall be construed in the same sense as that word. Words herein not defined shall be interpreted in accordance with the definitions considered to be normal dictionary usage.

   (F)   All measured distances expressed in feet shall be to the nearest integral foot. If a fraction is one-half foot (1/2') or more, the integral foot next above shall be taken.

   (G)   The following words and terms, wherever they occur in this title, shall be construed as herein defined. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   Certain terms in this chapter are defined to be inclusive of many uses in order to eliminate overly detailed lists of uses in the zoning districts established by this title. These terms shall be referred to in this title as "generic" use definitions.

   (B)   A generic use definition has two (2) components: a brief listing of examples of uses intended to be included within the scope of the definition, and an identification, where appropriate, of certain uses that are not meant to be included by the term.

   (C)   A use that is not specifically listed in a zoning district or does not fall within a generic use definition as defined in this chapter, or as interpreted by the zoning board of appeals, pursuant to section 11-2-19, "Zoning Interpretations", of this title, is prohibited. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

ART GALLERY/STUDIO: This use includes premises used principally for the sale, display and exhibition of fine arts and craft products. An art studio or art gallery may include accessory production or instruction in the production of arts and crafts using paint, clay, fabric or other medium. An artist studio is a less intensive use that does not involve the manufacturing of items, such as furniture or glass blown objects, which require the use of electric tools or chemical processes. "Art gallery/studio" shall not include art studios located within the home of an artist that is considered a "home occupation" as defined herein.

ASSISTED LIVING FACILITY: This includes institutional facilities that provide daily assistance and long term residence for disabled or elderly individuals, and include common dining and activity facilities, convenience features designed for the needs of residents, such as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doorways designed to accommodate wheelchairs, and the provision of social and medical services including meal services, transportation, housekeeping, nursing and organized social activities. "Assisted living facility" shall not include "community residences" or "hospital", as defined herein.

BED AND BREAKFAST ESTABLISHMENT: This use includes single-family residences, occupied by owner or resident manager, which offer lodging on a temporary basis to paying guests in a room(s) without cooking facilities, and may offer breakfast or other meals to these guests. "Bed and breakfast establishment" is differentiated from a "hotel/motel" in that it typically was designed originally as a single-family residence and is open to transient guests.

CEMETERY: This use includes cemeteries for the burial of people or animals, mausoleums and memorial parks, excluding crematoriums.

CLUB AND LODGE: This use includes buildings and facilities that are operated by a corporation, association or membership organization for a social, educational or recreational purpose, primarily for members and their guests, and not primarily operated for profit, nor to render a service that is customarily carried on as a business.

COLLEGE/UNIVERSITY: This use includes public or private colleges, universities, junior colleges or other institutions of higher learning that primarily teach classes that would count toward a bachelor's degree, and associated dormitories. "College/university" shall not include "schools, specialized instructional", as defined herein.

COMMUNITY RESIDENCE, LARGE: This use includes residential facilities shared by twenty four (24) hour resident staff and six (6) to sixteen (16) disabled individuals, elderly individuals, minors, adjudicated wards of the court (under the Illinois juvenile court act or the Illinois probate act), or individuals, who are eighteen (18) to twenty four (24) years of age, are not wards of the court and who require specialized attention and care (including, but not limited to, life skill education, therapy or counseling) in order to achieve personal independence, who live together as a single housekeeping unit in a long term, family like environment, where staff persons provide care, and facilitate education and participation in community activities for the residents in order to enable them to live as independently as possible in a residential environment. This use shall not include institutional "assisted living facility", as defined herein, or an alcohol or drug treatment center, a work release facility for convicts or ex-convicts, or other facilities serving as an alternative to incarceration. This use shall comply with the occupancy classification and use set forth in sections 308 and 310 of the 2018 IBC, and all other applicable IBC requirements, as adopted by the Village.

COMMUNITY RESIDENCE, SMALL: This use includes residential facilities shared by twenty four (24) hour resident staff and five (5) or less disabled individuals, elderly individuals, minors, adjudicated wards of the court (under the Illinois juvenile court act or the Illinois probate act) or individuals, who are eighteen (18) to twenty four (24) years of age, are not wards of the court and who require specialized attention and care (including, but not limited to, life skill education, therapy or counseling) in order to achieve personal independence, who live together as a single housekeeping unit in a long term, family like environment, where staff persons provide care, and facilitate education and participation in community activities for the residents in order to enable them to live as independently as possible in a residential environment. This use shall not include institutional "assisted living facility", as defined herein, or an alcohol or drug treatment center, a work release facility for convicts or ex-convicts, or other facilities serving as an alternative to incarceration. This use shall comply with the occupancy classification and use set forth in sections 308 and 310 of the 2018 IBC, and all other applicable IBC requirements, as adopted by the Village.

CONVENT/MONASTERY/SEMINARY: This use includes the dwelling units of a religious order or congregation.

COUNTRY CLUB: A land area and buildings containing recreational facilities, clubhouse and normal accessory uses, primarily open to members and their guests for a membership fee, and which may include, but is not limited to, swimming pools, tennis courts, golf courses, overnight accommodations for members and guests, and dining facilities, which may be for use by members, guests and the general public.

CULTURAL FACILITY: This use includes services open to the public including, but not limited to, museums, cultural centers, historical societies, aquariums and libraries, operated by a public, private or nonprofit organization. "Cultural facility" shall not include "place of worship" or "club and lodge" as defined herein.

CURRENCY EXCHANGE: This use is an establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification does not include a "financial institution", or a "retail goods establishment" or "personal services establishment", as defined herein, where the cashing of checks or money orders is incidental to the principal use.

DAY: As used in this title, a day is a calendar day, unless otherwise specified as a business day within the text of the section.

DAYCARE CENTER: This use includes any child or adult care facility, whether established for gain or otherwise, which regularly provides care for less than twenty four (24) hours per day for more than three (3) children or adults in a facility other than a residential building. "Daycare center" does not include programs operated by public or private elementary and secondary schools, or institutions of higher learning which serve children who are three (3) years of age or older.

DAYCARE HOME: This use includes any dwelling in which a permanent occupant of the dwelling provides care for more than three (3) children, for gain or otherwise, for less than twenty four (24) hours per day. This use does not include facilities that receive children from a single household.

DRIVE-THROUGH FACILITY: This use includes all retail and service facilities which accommodate motor vehicles of patrons and from which the occupants of the motor vehicle may make purchases or transact business.

DRIVING RANGE: A limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.

DWELLING, ABOVE THE GROUND FLOOR OF OFFICE OR COMMERCIAL: This use includes dwelling units that are located in multi-story buildings, but only above the ground floor of office or commercial uses. "Dwellings, above the ground floor of office or commercial" may include apartments, condominiums and independent living senior housing.

DWELLING, MULTIPLE-FAMILY: This use includes buildings containing three (3) or more dwelling units that are not designed as townhouses (see definition of Dwelling, Townhouse), where each unit is provided with an individual entrance to the outdoors or to a common hallway, with other dwelling units above and/or below. "Dwelling, multiple-family" may include apartment buildings, condominiums and independent living senior housing, but shall not include "dwelling, townhouse", as defined herein.

DWELLING, SINGLE-FAMILY: This use includes detached buildings containing only one dwelling unit surrounded by yards. Manufactured homes, mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents, or other forms of temporary or portable housing are not included in this definition.

DWELLING, TOWNHOUSE: This use includes buildings having three (3) or more dwelling units that are arranged side by side, sharing common fire resistive walls without openings, and each occupying an exclusive vertical space without another dwelling unit above or below. Each dwelling unit shall have at least one individual entrance to the outdoors. "Dwelling, townhouse" may include apartments, condominiums and independent living senior housing, but shall not include "dwelling, multiple-family", as defined herein.

DWELLING, TWO-FAMILY: This use includes detached buildings containing two (2) dwelling units surrounded by yards, and attached either vertically or horizontally.

FARMSTAND: This use is a structure or vehicle used in the sale of agricultural produce, in season, which is grown by the seller. More than one farm may sell at a single stand.

FINANCIAL INSTITUTION: This use includes establishments, the principal use or purpose of which is the provision of financial services including, but not limited to, bank facilities for tellers and walk up automated teller machines (ATMs), credit unions, savings and loan institutions, and mortgage companies. "Financial institution" shall not include currency exchange establishments. For financial institutions with drive-up teller or ATM facilities, see "drive-through facility", as defined herein.

GOLF COURSE: This use means undeveloped land that may be used for golfing, or golfing practice, by the public or by members and guests of a private club, and includes amenities such as landscaping, irrigation systems, paths, and golf greens and tees.

HEAVY RETAIL AND SERVICE: This use includes retail and/or service activities that have regular exterior service or storage areas, or partially enclosed structures including, but not limited to, home improvement centers, equipment rental and leasing, lumber and other building materials, garden centers and greenhouses, landscape, construction, and lawn maintenance contractor yards, contractor offices, bulk materials sales and storage, and recreational vehicles and playground equipment sales and rental.

HOME OCCUPATION: This use includes an occupation carried on in a dwelling unit by the resident thereof and up to only one additional person that is not an occupant of the dwelling unit, provided that the use is limited in extent, incidental and secondary to the use of the dwelling unit for residential purposes, and does not change the character thereof. "Home occupation" shall include, but shall not be limited to, the following uses: art studio, massage therapy, dressmaking operation, home office, and teaching. "Home occupation" shall not include operation of any wholesale or retail business (unless conducted by mail), manufacturing, repair shops, barbershops or beauty parlors, stables or kennels, restaurants, or other activities that produce noxious matter or constitute a public nuisance. Individuals operating an office out of their residence, with no additional staff, no clientele visiting the residence and no merchandise offered for retail sale on the premises, are not considered a "home occupation" for the purposes of this title.

HOSPITAL: This use includes institutions providing physical or mental health services, inpatient or overnight accommodations, and medical or surgical care of the sick and injured. "Hospital" shall not include "medical/dental clinic" or "assisted living facility", as defined herein.

HOTEL/MOTEL: This use includes facilities where guestrooms or suites are reserved to provide temporary living and sleeping accommodations for temporary or transient guests, with no provisions in such rooms for cooking in any individual room or suite. Such facilities may include accessory uses such as restaurants, lounges and meeting rooms. "Hotel/motel" shall not include "bed and breakfast establishment", as defined herein.

INDOOR AMUSEMENT: This use includes, but is not limited to, commercial or nonprofit indoor health and exercise clubs, skating rinks, bowling alleys, indoor sports clubs, golf domes, and indoor establishments where pool or billiards, foosball, table tennis, shuffleboard, pinball machines, video games or any other games of recreation or amusement are provided for public patronage, where the insertion of a coin, slug, or token, or the payment of a fee, is required, and where five (5) or more such tables or game machines are present. "Indoor amusement" shall include any accessory uses, such as snack bars, pro shops and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use. "Indoor amusement" shall not include "indoor recreation", as defined herein.

INDOOR RECREATION: This use includes, but is not limited to, indoor recreation facilities, community centers, gymnasiums, indoor tennis or other racquet courts, indoor sports arenas, auditoriums, indoor swimming pools, or similar uses which are enclosed in buildings and open to all community residents or those living within certain developments or neighborhoods. "Indoor recreation" shall include any accessory uses, such as snack bars, pro shops and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use. "Indoor recreation" specifically excludes commercial and nonprofit indoor facilities that are included as "indoor amusement", as defined herein.

LIVE ENTERTAINMENT/DANCING: This use includes any establishment including, but not limited to, a "restaurant" or "tavern/bar", or portion thereof, that is utilized for live performers or patrons engaged in singing, performing, karaoke, dancing or playing musical instruments. "Live entertainment/dancing" shall not include "theaters", "indoor amusement" or "outdoor amusement", or "indoor recreation" or "outdoor recreation", where live performances may occasionally be held, as defined herein.

MANUFACTURING, LIGHT/ASSEMBLY: The assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication or processing takes place. "Light manufacturing" generally includes processing and fabrication of finished products predominantly from previously prepared materials and includes processes that do not require extensive floor area or land area.

MASSAGE THERAPY CLINIC: Any establishment, other than a regularly licensed and established hospital or dispensary, where nonmedical or nonsurgical manipulation, exercises or devices are practiced upon the human body manually or otherwise by any person other than a licensed physician, surgeon, dentist, chiropractor or osteopath, with or without the use of therapeutic, electrical, mechanical or bathing devices. "Massage therapy clinic" shall also include any bathing establishment.

MEDICAL/DENTAL CLINIC: This use includes establishments offering the provision of medical/dental care, which provides services beyond those typically offered at medical or dental offices, exclusively on an outpatient basis. Such services would include X-rays (nondental), on site testing laboratories, rehabilitation therapy facilities, emergency treatment, diagnostic services, training, administration, and services to outpatients. "Medical/dental clinic" is differentiated from "hospital", as defined herein, in that they do not provide inpatient services.

MINIWAREHOUSE: This use includes enclosed storage facilities containing independent, fully enclosed bays that are leased to individuals exclusively for long term storage of household goods or personal property.

MOTOR VEHICLE SALES AND LEASING: This use includes retail establishments that sell or lease new or used automobiles, trucks, vans, recreational vehicles, trailers or boats, or other similar motorized transportation vehicles. An automobile dealership may maintain an inventory of the vehicles for sale or lease on site. Secondary support uses may also exist upon the same site, such as maintenance, repair and service areas, indoor parts storage areas, and financial services areas.

MOTOR VEHICLE SERVICE AND REPAIR, CONVENIENCE:

   (A)   This use includes establishments where gasoline and/or fuel oil are sold, and where oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and/or where the following services may be rendered in fully enclosed bays and sales made, and no other:

      1.   Sale and servicing of spark plugs, batteries, and distributors and distributor parts.

      2.   Tire servicing and repair, but not recapping or regrooving.

      3.   Replacement or adjustments of mufflers and tailpipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like.

      4.   Radiator cleaning and flushing, provision of water, antifreeze and the like.

      5.   Washing, polishing, detailing, and sale of automotive washing and polishing materials.

      6.   Greasing and lubrication.

      7.   Providing and repairing fuel pumps, oil pumps and lines.

      8.   Servicing and repair of carburetors and fuel injectors.

      9.   Adjusting and repairing brakes.

      10.   Minor motor adjustments not involving removal of the head or crankcase, or racing motor.

      11.   Provision of beverages, packaged foods, fast food, tobacco, lottery tickets and similar convenience goods for gasoline supply station customers, but only as accessory and incidental to the principal operation.

      12.   Provision of road maps and other informational material to customers and restroom facilities.

   (B)   This use does not permit the storage of repair vehicles for more than twenty four (24) hours on the site. This use does not include services and activities in the definitions of "motor vehicle service and repair, minor", or "motor vehicle service and repair, major", as defined herein. For "motor vehicle service and repair, convenience" facilities with drive-up fast food windows, see definition of Drive-Through Facility. This definition shall include gasoline stations.

MOTOR VEHICLE SERVICE AND REPAIR, MAJOR: This use includes, but shall not be limited to, establishments involved in engine rebuilding, or major reconditioning of worn or damaged motor vehicles or trailers, towing and collision service, including body, frame or fender straightening or repair, and overall painting of motor vehicles. Such establishments often require the storage of vehicles to be repaired. The storage of repair vehicles shall be limited to thirty (30) working days.

MOTOR VEHICLE SERVICE AND REPAIR, MINOR:

   (A)   This use includes establishments where the following services may be rendered in fully enclosed bays and sales made and no other:

      1.   Sale and servicing of spark plugs, batteries, and distributors and distributor parts.

      2.   Tire servicing and repair, but not recapping or regrooving.

      3.   Replacement or adjustments of mufflers and tailpipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like.

      4.   Radiator cleaning and flushing, provision of water, antifreeze and the like.

      5.   Greasing and lubrication.

      6.   Providing and repairing fuel pumps, oil pumps and lines.

      7.   Servicing and repair of carburetors and fuel injectors.

      8.   Adjusting and repairing brakes.

      9.   Minor motor adjustments not involving removal of the head or crankcase, or racing motor.

   (B)   This use is differentiated from "motor vehicle service and repair, convenience" in that it permits the storage of repair vehicles for up to five (5) workdays. This use does not include services and activities in the definition of "motor vehicle service and repair, major", as defined herein.

MOTORCYCLE SALES: The display and sale of "motorcycles", as defined in section 11-16-4 of this chapter.

NATURE PRESERVE: An area where human activities are very limited and the natural environment is protected from manmade changes.

OFFICE, GOVERNMENT: This use includes administrative and business uses, which may or may not offer services to the public, and is engaged in the processing, manipulation or application of business information or professional expertise for village, county, state or federal government organizations. This use shall not include "public service facility", as defined herein.

OFFICE, PROFESSIONAL: This use includes business uses, which may or may not offer services to the public, and is engaged in the processing, manipulation or application of business information or professional expertise. An office use is not materially involved in fabricating, assembling or warehousing of physical products for the retail or wholesale market, nor is an office engaged in the repair of products or retail services. This use shall include, but is not limited to, professional offices for nonprofit organizations, accounting, investment services, insurance, contracting, architecture, engineering, legal services and real estate services. "Office, professional" shall also include doctor and dentist offices, excluding "medical/dental clinics" as defined herein, and veterinary offices.

OPERATIONS FACILITY, AMBULANCE/BUS/TAXICAB: This use shall include an area and building where emergency medical ambulances, buses, taxicabs or other livery vehicles are stored, dispatched, and/or loading and unloading is carried on regularly, and where minor maintenance of these vehicles is performed. "Operations facility, ambulance/bus/taxicab" shall not include "public service facility", as defined herein, where the vehicles of the village fire, police, or other municipal departments or school facilities are dispatched, stored and/or maintained.

OUTDOOR AMUSEMENT: This use includes, but is not limited to, public, nonprofit or commercial fairgrounds, outdoor stadiums, outdoor theaters, raceways, rodeos, music arenas, theme parks, amusement parks, miniature golf establishments, water slides, batting cages, skateboarding courses, go-cart courses and shooting ranges. "Outdoor amusement" shall include any accessory uses, such as snack bars, which are designed and intended primarily for the use of patrons of the principal recreational use. "Outdoor amusement" shall not include "outdoor recreation uses" or recreation facilities included as a "park/playground", as defined herein.

OUTDOOR CAFE: This use is a dining area of designated size with seats and/or tables located outdoors of a contiguous restaurant and beer garden. This seating may be in addition to the indoor seating area.

OUTDOOR RECREATION: This use includes, but is not limited to, active recreation facilities including public or private golf courses, golf driving ranges, outdoor swimming pools, tennis courts, ball fields, ball courts, skateboard facilities, and other similar facilities, which are not enclosed in buildings and are open to the public, or are operated on a commercial or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. "Outdoor recreation" shall include any accessory uses, such as snack bars, pro shops, and clubhouses, which are designed and intended primarily for the use of patrons of the principal recreational use. "Outdoor recreation" shall not include "outdoor amusement" uses or recreation facilities included as a "park/playground", as defined herein.

PARK/PLAYGROUND: This use includes, but is not limited to, public and private open space, parks, botanical gardens, arboretums and forest preserve property, which may be improved with such amenities for passive recreation such as trails, gardens, benches and play equipment. "Park/playground" shall not include "outdoor recreation", as defined herein.

PARKING GARAGE/STRUCTURE: This use shall include public or private structures, or portions thereof, composed of one or more levels of floors used exclusively for the parking of motor vehicles, whether public or private. A parking structure may be totally below grade (as in an underground parking garage), or either partially or totally above grade, with those levels being either open or enclosed.

PARKING LOT, OFF STREET: This use shall include public or private open areas, other than a street or public right of way, used for the temporary storage (parking) of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free or as an accommodation for clients, employees or customers. This use shall also include the areas provided for residents, employees and visitors of multiple-family dwellings, available to the general public. This shall not include display lots for motor vehicle sales or leasing.

PAWNSHOP: An establishment where money is loaned on the security of personal property pledged in the keeping of the owners. Retail sales also take place of primarily used items. This includes any establishment where used property is purchased by the establishment and resold at retail or otherwise resold. This also includes establishments where used property is modified, changed, or altered, whether or not it is sold or resold.

PERSONAL SERVICES ESTABLISHMENT: This use includes establishments for the provision of personal services directly to the consumer. This use shall include, but shall not be limited to, barbershops, beauty parlors, laundry and dry cleaning establishments, funeral homes/mortuaries, tanning salons, tailoring shops, domestic pet grooming, shoe repair shops, travel agencies, and the like.

PLACE OF WORSHIP: This use includes churches, temples, synagogues, or other gathering places, which may or may not have schools and/or meeting facilities as part of the complex, and accessory uses, such as parish houses, recreational facilities or other nonprofit operations that serve members of the congregation and/or community.

PLANNED UNIT DEVELOPMENT: This use is a single, unified development of a parcel of land, or contiguous parcels of land of a size sufficient to create its own character, controlled by a single landowner or by a group of landowners in common agreement as to control, the character of which is compatible with adjacent parcels and the intent of the zoning district(s) in which it is located. This use may include mixed use development, which may depart from the requirements of the applicable district regulations or other requirements of this title, in return for assurances of the overall quality of the development, including any specific features that may be of exceptional benefit to the community as a whole.

PUBLIC SERVICE FACILITY: This use includes dispatch, storage, office, maintenance facilities and garages for government entities including, but not limited to, public works, post offices, police and fire departments.

RESEARCH AND DEVELOPMENT USE: This use includes facilities for scientific laboratory research in scientific, medical or technology intensive fields. This use shall include, but shall not be limited to, biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transferring, and radiation research, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory or research facility. This use may include accessory retail and service uses that primarily serve its employees including, but not limited to, daycare centers, restaurants and dry cleaning establishments.

RESTAURANT: This use includes establishments, the primary purpose of which is to prepare and serve a variety of food for consumption on the premises, within the building or seated in parked motor vehicles on the premises, or for carryout and consumption off the premises. "Restaurant" shall not include "tavern/bar" where the primary purpose is the sale of alcoholic beverages, or snack bars or refreshment stands that are accessory to recreational or amusement facilities, as defined herein. For restaurants that have drive-up windows, entertainment and/or outdoor seating, see "drive-through facility", "live entertainment/dancing" and "outdoor cafes", as defined herein.

RETAIL GOODS ESTABLISHMENT: This use includes establishments where the primary purpose is the sale of physical goods, products or merchandise directly to the consumer. This use shall include, but not be limited to, stores that sell groceries, hardware, clothing, auto parts, jewelry and shoes. "Retail goods establishment" shall not include "heavy retail and service" establishments, as defined herein, that are characterized by regular exterior service or storage activities.

SCHOOL, PRIMARY OR SECONDARY: This use includes public, private or parochial institutions primarily engaged in academic instruction for all, or part of, grades kindergarten through twelfth, and recognized or approved by the state of Illinois. This use may include accessory daycare centers for children over the age of three (3). This definition of school includes school grounds.

SCHOOL, SPECIALIZED INSTRUCTIONAL: This use includes institutions engaged in specialized instructional areas for all ages including, but not limited to, driving, trade, vocational, art, music and dance schools.

SEXUALLY ORIENTED BUSINESS: "Sexually oriented business" and associated definitions are located in chapter 10, "Sexually Oriented Businesses", of this title.

TATTOO PARLOR: An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances, which result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.

TAVERN/BAR: This use includes business establishments engaged primarily in the retail sale or distribution of alcoholic beverages to public patrons for consumption on the establishment's premises and includes beer bars, parlors, lounges, cabarets and nightclubs. "Tavern/bar" may also include accessory sale of prepared food. For tavern/bar with entertainment, see definition of Live Entertainment/Dancing.

THEATER: This use includes indoor establishments where motion pictures or live performances are offered for public viewing, to which entrance money is received for admission.

TRANSPORTATION STATION AND TERMINAL: This use includes facilities or locations where the principal use is the handling, receiving and transferring of passenger and/or freight train or bus traffic, and may include accessory loading and unloading, and storing or transferring of freight and other equipment used to accomplish the foregoing activities.

UTILITY, COMMUNITY/REGIONAL: This use includes generation and regional facilities, such as regional switching stations, pump storage, sewer/water treatment, and other facilities not housed inside small scale buildings. This use does not include "utility, local", as defined herein.

UTILITY, LOCAL: This use includes pump stations, utility substations or transmission and local distribution facilities, including telephone, cable, fiber optic, sewer/water and utilities housed in small scale buildings. This use shall not include "utility, community/regional", as defined herein.

WAREHOUSE/DISTRIBUTION: This use includes structures or areas, or a portion thereof, used principally for the storage or distribution of goods and merchandise to retailers, nonresidential users, or to other wholesalers. This use shall not include "manufacturing, light/assembly", as defined herein.

WIRELESS COMMUNICATION FACILITY: A parcel of land that contains wireless communication infrastructure such as transmitters, support structures, monopoles, equipment, accessory buildings, parking, and other uses and installations associated with, and ancillary to, wireless communication transmission. See definition of Wireless Communications.

WIRELESS COMMUNICATIONS: Any personal wireless service, as defined by the federal communications act of 1996, which includes FCC licensed commercial wireless telecommunication services including cellular, personal communications services (PCS), special mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, wireless data service, and similar services that currently exist or that may be developed in the future.

WIRELESS COMMUNICATIONS ANTENNA: Any exterior apparatus at a fixed location designed for wireless communications through the sending and/or receiving of electromagnetic waves. See definition of Wireless Communications.

WIRELESS COMMUNICATIONS TOWER: A structure that is designed and constructed primarily for the purpose of supporting one or more wireless communications antennas. See definition of Wireless Communications. (Ord. 1650, 10-10-2007, eff. 10-15-2007; amd. Ord. 1775, 12-14-2011; Ord. 1792, 6-27-2012; Ord. 2137, 2-28-2024)

ABUT: To share a common lot line or zoning district boundary, without being separated by a street or alley.

ACCESSORY BUILDING: A building that is located on the same lot as, and of a nature customarily incidental and subordinate to, another building or structure, and the use of which is clearly incidental and subordinate to that of the other building or structure.

ACCESSORY STRUCTURE OR USE: A structure or use which:

   (A)   Is subordinate to and serves a principal structure or principal use.

   (B)   Is subordinate in area, extent or purpose to the principal structure or principal use served.

   (C)   Contributes to the comfort, convenience or necessity of occupants of the principal structure or principal use served.

   (D)   Is located on the same zoning lot as the principal structure or principal use served, with the single exception of such accessory off street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

ADDITION OR EXPANSION: Any of the following: a) an increase in floor area of a building; b) a modification to the roofline of a building, such as the construction of a dormer that increases the amount of floor space devoted to human use or occupancy; or c) the reconstruction of a building or structure which is not accompanied by a change in the use of a lot.

ADVERTISING BENCH: Any bench or bench like structure that is used, in whole or in part, for advertising purposes by means of a message or design painted on, printed on, affixed to or otherwise designed as an integral part of the bench.

ALLEY: A public right of way that normally affords a secondary means of access to abutting property.

ALTERATION: Any change in size, shape, character, occupancy or use of a building or structure.

ANTENNA: Any exterior apparatus at a fixed location designed for telephone, radio, data, internet or other communications through the sending and/or receiving of electromagnetic waves, including equipment attached to a tower, structure or building.

APARTMENT HOUSE: A building that is used, or intended to be used, as a home or residence for more than two (2) families living in separate apartments.

ARRAYS: A set of antennas for one service or service provider that is placed on a tower, structure or building at a given height aboveground and is spaced to avoid internal interference.

AWNING: A structure made of cloth, metal or other materials, approved by the superintendent of buildings, affixed to a building in such a manner that the structure may be raised or retracted to a position against the building.

BALCONY: A platform which projects from the exterior wall of a building above the ground floor, which is exposed to the open air, has direct access to the interior of the building, and is not supported by posts or columns extending to the ground.

BALLOON: An inflated nonporous object filled with heated gas or a gas lighter than air.

BANNER: Any sign printed or displayed upon cloth or other flexible material with or without frames.

BASEMENT: A portion of a building located partly underground, but having more than half its clear floor to ceiling height below the average grade of the adjoining ground.

BAY WINDOW: A window which projects outward from the building, beginning at least two feet (2') aboveground and does not rest on the building foundation or on the ground.

BEACON: A stationary or revolving light, which flashes or projects illumination, single- or multi-colored, in any manner that is intended to attract or divert attention. However, this term is not intended to include any kind of lighting device that is required or necessary under the safety regulations described by the federal aviation administration or other similar agencies.

BILLBOARD: A freestanding sign or wall sign that advertises a business or product, and is not located on the premises where the business is located or the product is the primary product available for sale.

BLOCK: A tract of land bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights of way, corporate boundary lines or watercourse.

BLOCKFACE: The properties abutting on one side of the street and lying between the two (2) nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad rights of way, public parks, cemeteries, corporate boundary line or watercourse.

BOARDING HOUSE: A building or premises where meals are regularly served, or is equipped to serve meals, by prearrangement for definite periods for compensation, and not open to transients.

BUILDING: A structure entirely separated from any other structure by space or by walls in which there are no communicating doors or windows, or similar openings, and having a roof supported by walls or columns for the shelter, support or enclosure of persons, animals or chattels. Two (2) or more buildings designed and intended for use as two-family dwellings, apartment houses, stores or other like business occupancy may be considered as one building if constructed as a single unit.

BUILDING AREA: The maximum horizontal projected area of a building and its accessories, excluding open steps, terraces and cornices projecting not more than twenty inches (20").

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, having only windows and normal entrance or exit doors or by party walls.

BUILDING, DETACHED: A building surrounded by an open space on the same lot.

BUILDING HEIGHT, ACCESSORY BUILDING: The vertical distance measured from the established average finished grade to the highest point of the roof or the highest point of the structure. (No illustration provided.)

BUILDING HEIGHT, PRINCIPAL BUILDING: The vertical distance measured from the average finished grade, or proposed finished grade. Chimneys, spires, steeples, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height.

   (A)   In the case of a flat roof, at the front of the building to the highest point of the roof or parapet, whichever is higher.

   (B)   In the case of a mansard roof, to the deck line.

   (C)   In the case of a gable, hip or gambrel roof, to the mean point between the eaves and the ridge. See illustration below.

BUILDING LINE SETBACK: A line established herein generally parallel with the street line. Between such line and the street line, the front line of a building shall not be built or located.

BUILDING, PRINCIPAL: A nonaccessory building in which the principal use of the lot on which it is located is conducted.

BUILDING, RESIDENTIAL: A building which is arranged, designed, used or intended to be used for residential occupancy by one or more families or lodgers and includes, but is not limited to, the following types: single-family detached dwellings, two-family dwellings, townhouse dwellings, and multi-family dwellings.

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

BULK: The term used to indicate the size and setbacks of buildings or structures, and the location of the same with respect to one another, and includes the following:

   (A)   Size and height of buildings.

   (B)   Location of exterior walls at all levels in relation to lot lines, streets or other buildings.

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

   (D)   All open spaces allocated to buildings.

   (E)   Amount of lot area provided per dwelling unit.

BULLETIN BOARD: Any sign with a changeable message board erected in a permanent fashion by a charitable, educational or religious institution or public body, which is erected upon the same property as said institution.

BUSINESS: Engaging in purchase, sale, barter or exchange of goods, wares or merchandise; the maintenance or operation of offices or recreational or amusement enterprises operated for profit.

CANOPY: Any structure, other than an awning, made of materials such as cloth, metal or other materials approved by the superintendent of buildings, with a frame either attached to a building or projecting from a building, and carried by a frame supported by the ground or sidewalk.

CAPACITY IN PERSONS: The "capacity in persons" of an establishment or use is the maximum number of persons that can avail themselves of the services or goods, of such establishment, at any one time, with reasonable comfort.

CARPORT: An open sided roofed automobile shelter, usually formed by extension of the roof from the side of a building.

COLLOCATION: Placement of wireless communication equipment from more than one service or service provider on a single site.

CONDOMINIUM: A condominium is a concept in ownership of real estate wherein the parcel is registered under the Illinois condominium act and local ordinances, if any.

CONFORMING BUILDING OR STRUCTURE: Any building or structure that complies with all the regulations of this title or of any amendment hereto governing bulk for the zoning district in which such building or structure is located or is designed or intended for a conforming use.

CONTIGUOUS: Adjoining or abutting.

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.

DECK: A structure that is attached or unattached to the principal building, which is open to the sky and provides a platform that is raised more than one foot (1') above the ground. A deck can be made of any material.

DISPLAY SURFACE AREA: The net geometric area enclosed by the display surface of a sign, including the outer extremities of all letters, characters and delineations. "Display surface area" shall be measured in square feet of surface area and may also be referred to as square feet of surface area. "Display surface area" shall not include the structural supports of freestanding signs. If a sign has an irregular shape that causes difficulty in determining surface area, the area shall be determined as the area of the smallest circle, rectangle or triangle that can be used to enclose the "display surface area". Both faces of a double faced sign shall be considered in determining the "display surface area". If a sign is made up of several elements that are supported by the same structure and are intended to convey related parts of a single message, the elements will be considered as one sign and the total display surface area of all the elements shall be used to calculate the display surface area of the entire sign.

DISTRICT: A portion of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title.

DRIVEWAY: Any impervious, semipervious (e.g., Grasscrete) or compacted gravel surface providing direct ingress and egress to a parking space or garage.

DWELLING: A building, or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, townhouse dwellings, and multi-family dwellings, but not including "hotel/motel" or "bed and breakfast establishment", as defined in section 11-16-3 of this chapter.

DWELLING, ATTACHED: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

DWELLING, DETACHED: A dwelling which is entirely surrounded by open space on the same lot.

DWELLING UNIT: A dwelling unit consists of a group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one "family", as defined herein, and which include permanently installed bathroom and kitchen facilities.

EASEMENT: The right to use or benefit from the land of another, for a restricted purpose, without compensating the owner.

ERECT: To build, construct, attach, hang, place, suspend or affix. "Erect" shall also include the painting of wall signs.

ESTABLISHMENT, BUSINESS: A place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot, and where access to such business establishment is separate and distinct.

FALL ZONE: The area on the ground, within a prescribed radius from the base of a wireless communication tower, within which there is potential hazard from falling debris or collapsing material.

FAMILY: One or more individuals related by blood, marriage or adoption, or not to exceed five (5) persons not so related, living, sleeping, cooking and eating on the premises as a single housekeeping unit.

FENCE: Any manmade structure that is constructed for the purpose of, or has the effect of, enclosing or screening the area it is constructed upon.

FIRE PIT: A hole dug into the ground for the purpose of containing a fire lined with, or without, rocks, bricks or other type of material.

FLOOR AREA (For Determining Floor Area Ratio): For the purpose of determining the floor area ratio, the "floor area" of a building is 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 walls separating two (2) buildings. The "floor area" of a building shall include any floor area when more than one-half (1/2) of the area height is above the established curb level or above the finished lot grade level where curb level has not been established, elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having head room of seven feet ten inches (7'10") or more, interior balconies and mezzanines and enclosed porches, and floor area devoted to accessory uses, including any space devoted to off street parking or loading within parking garages/structures. Surface parking shall not be included in "floor area". The "floor area" of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of height in feet (10 feet in height shall equal 1 floor).

FLOOR AREA (For Determining Off Street Parking And Loading Requirements): "Floor area" when prescribed as the basis of measurement for off street parking spaces and loading berths for any use shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. "Floor area" for the purposes of measurement for off street parking spaces shall not include floor area devoted primarily to storage purposes (except as otherwise noted herein), floor area to be devoted to off street parking or loading facilities, including aisles, ramps and maneuvering space, or basement floor area, other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

FLOOR AREA RATIO: The numerical value obtained through dividing the gross floor area of a building or buildings by the lot area on which such building or buildings are located.

FOOT-CANDLE: A unit of illumination. It is equivalent to the illumination at all points that are one foot (1') distant from uniform source of one candlepower.

FREQUENCY: Signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

FRONT LINE, BUILDING: The line of the main wall nearest to and facing the street, including such wall of sun parlors or porches, open or enclosed, and excluding only open steps and terraces, and walls or fences not more than three and one-half feet (31/2') in height.

FRONTAGE: That dimension of property fronting on one side of a street between the two (2) nearest intersecting streets, measured along the line of the street, or if dead ended, then that dimension of property abutting on one side between an intersecting street and the dead end of the street.

FRONTAGE, ZONING LOT: That dimension of property of such zoning lot fronting on a street and measured between side lot lines.

GARAGE, PRIVATE: A garage with capacity for not more than three (3) motor vehicles in which no business or industry connected directly or indirectly with motor vehicles is carried on. Maximum floor area shall not exceed eight hundred sixty four (864) square feet and the height of the peak of the roof shall not exceed fourteen feet (14').

GARAGE, PUBLIC: A garage, other than a private garage (see definition of Garage, Private), used for housing or care of more than three (3) automobiles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

HEIGHT: The vertical distance from grade to the highest point of a structure. See definition of Building Height.

HOTEL: A building in which board and lodging are provided and offered to the public for compensation, and open to transients.

HOUSEHOLD RECREATIONAL EQUIPMENT: Recreation equipment, or a structure customarily and typically found on a residential lot, that is incidental to and associated with a dwelling unit located on the same lot. This includes play equipment, swimming pools, spas, tennis courts, basketball backboards/hoops, and skateboard half pipes, but does not include lawn furniture and ornaments, barbecues, or satellite dishes.

INCOMPATIBLE USE: A use that is incapable of direct association with certain other uses because it is contradictory, incongruous or discordant.

INFLATABLE ADVERTISING DEVICES: A portable advertising device that is supported primarily by compressed air or other gases. Such devices may be sealed from escaping or may be maintained in an inflated condition by means of a fan or blower, which is designed to maintain air pressure inside the device greater than the atmospheric air pressure outside the device.

LOGO: A business trademark or symbol.

LOT: A parcel of land under single ownership, whether described by metes and bounds or as a platted lot or lots.

LOT AREA: The area of a horizontal plane bounded by the front, side and corner lot lines.

LOT AREA, GROSS: The area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.

LOT, CORNER: A lot located at the intersection of two (2) streets or a lot bounded on two (2) sides by a curving street, any two (2) chords of which form an angle of one hundred twenty degrees (120o) or less, as measured on the lot side.

LOT COVERAGE: A measure of intensity of land use that represents the portion of a site that is covered by principal and accessory buildings.

LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.

LOT, INTERIOR: A lot other than a corner lot or a through lot.

LOT LINE, FRONT: The boundary of a lot that is along an existing or dedicated public street, or where no public street exists, is along a public way, where such public way is not a dedicated street, the right of way of such public way shall be deemed to be sixty six feet (66'), unless otherwise provided.

LOT LINE, REAR: That boundary of a lot, which is most distant from and is, or is most nearly, parallel to the front lot line.

LOT LINE, SIDE: Any boundary of a lot that is not a front lot line or a rear lot line.

LOT OF RECORD: An area of land designation as a lot on a plat of subdivision recorded or registered with the county recorder of deeds.

LOT, REVERSED CORNER: A corner lot where the street side lot line is substantially a continuation of the front lot line of the first lot to its rear.

LOT, THROUGH: A lot having frontage on two (2) streets at opposite ends of the lot.

LOT WIDTH: The horizontal distance between the side lot lines of a lot measured at the building setback line.

LOT, ZONING: A single tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record.

MANSARD ROOF: A double sloped pitched roof rising steeply from the eaves and having a summit of flatter slope on both sides of the ridge.

MARQUEE: A permanent rooflike structure constructed of durable material extending from part of the wall of a building but not supported by the ground.

MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is registered by the department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purposes of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.

MEMORIAL PLAQUE: A plaque designating names of buildings and/or date of erection, and other items such as architect, contractor or others involved in the building's creation cut into or attached to a building surface.

MEZZANINE: An intermediate or fractional story between the floor and ceiling of a main story, used for a purpose accessory to the principal use. A mezzanine is usually just above the ground or main floor and extends over only part of the main floor.

MOBILE HOME: A structure, transportable in one or more sections, which in the traveling mode is eight feet (8') or more in width or forty feet (40') or more in length, or, when erected on site, is three hundred twenty (320) square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning and electrical systems contained therein.

MONOPOLE TOWER: The type of self-supporting tower consisting of a single pole constructed of steel.

MOTOR VEHICLE: Any self-propelled vehicle designed primarily for transportation of persons or goods along public streets or alleys, or other public ways.

MOTORCYCLE: A usually two (2) wheeled self-propelled vehicle having one or two (2) saddles or seats, and which may have a sidecar attached. For purposes of this title, motorbikes, motor scooters, mopeds, and similar vehicles are classified as motorcycles.

NAMEPLATE: A sign indicating the name, address or profession of the person or persons occupying the lot or a part of the building.

NONCONFORMING LOT: A lot of record that does not meet the lot area or lot width requirements of this title for the zoning district in which it is located.

NONCONFORMING USE, BUILDING OR STRUCTURE: An existing use, building or structure or part or appurtenance thereof not in conformance with this title, building code or other ordinances of the village.

OPACITY: Degree of obscuration of light.

OUTDOOR FIREPLACE: A self-contained, manufactured noncombustible cooking unit provided with a tightfitting screen or lid and supported off the ground by noncombustible legs.

OWNER: A titleholder of record, or if title is held in trust, the beneficiary of the trust.

PARKING SPACE: An area not less than nine feet by twenty feet (9' x 20'), exclusive of drives or aisles, connected with, or accessible to, a street or alley.

PARTY WALL: A wall, which is common to, but divides, contiguous buildings. Such a wall contains no openings and extends from its footing below finished ground grade to the height of the exterior surface of the roof.

PATIO: An impervious surface no higher than one foot (1') above the ground, which is designed and intended for recreational use by people, rather than as a parking space.

PERMANENT RESIDENTIAL DEVELOPMENT SIGN: An identification sign used to indicate the entrance to a subdivision or unified residential area.

PERMITTEE: A person receiving an erection permit pursuant to the provisions of this title.

PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.

PERSON WITH A DISABILITY: Any individual whose disability:

   (A)   Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments.

   (B)   Is likely to continue for a significant amount of time or indefinitely.

   (C)   Results in functional limitations in three (3) or more of the following areas or major life activities:

      1.   Self-care.

      2.   Receptive or expressive language.

      3.   Learning.

      4.   Mobility.

      5.   Self-direction.

      6.   Capacity for independent living.

      7.   Economic self-sufficiency.

   (D)   Reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of a life long or extended duration.

PLACE OF WORSHIP: Any church, synagogue, mosque, temple or building used primarily for religious worship and related religious activities.

PORCH: A covered platform that projects from the exterior wall of a building, has direct access to the street level of the building, may be supported by posts, and has no roof supporting walls on three (3) sides.

PROPERTY LINES: The lines bounding a zoning lot, as defined herein.

PUBLIC PROPERTY: Property that is owned, rented or leased by any governmental unit, such as the village, park district, school district, county, state or any subdivisions thereof. This shall include all streets, parkways, sidewalks, alleys, buildings, parking lots, landscaped areas, parks, schools and any municipal signs, traffic control devices, trees, utility poles, shelters or streetlights located thereon.

PUBLIC WAY: Any sidewalk, street, alley, highway or other public thoroughfare.

RAILROAD RIGHT OF WAY: A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

REFUSE: All waste products resulting from human habitation or the conduct of business or industry, except sewage.

RIGHT OF OWNERSHIP: See definition of Owner.

SATELLITE DISH ANTENNA: A device commonly parabolic in shape, mounted at a fixed point for the purpose of capturing television signals transmitted via satellite communications facilities and serving the same or similar function as the common television antenna.

SEARCH RING: An area of land that is best suited for a tower location and transmissions.

SETBACK: The minimum horizontal distance between the front line of the building or structure and the front property line.

SHOPPING CENTER: Two (2) or more retail stores and/or service establishments or one retail store and one service establishment, sharing customer parking areas, regardless of whether said stores and/or establishments occupy separate structures or are under separate ownership.

SIGHT DISTANCE TRIANGLE: See definition of Vision Clearance Area.

SIGN: Means and includes every device, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, reading matter and supporting structure, which is used, or intended to be used, to attract attention or convey information when the same is placed outdoors in view of the general public. In addition, any of the above, which is not placed outdoors, shall be considered a sign within the meaning of this title, when placed near the inside surface of a window in such a way as to be in view of the general public and used, or intended to be used, to attract or convey information to motorists. For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where a sign is a double faced sign, both faces together will constitute one sign. Where matter is displayed in a random manner, without organized relationship to elements, or where there is a reasonable doubt as to the relationships of elements, each element shall be considered to be a single sign. Inflatable advertising devices shall be considered as signs when the purpose of the device is to attract attention to a particular business, whether or not the device has a commercial message printed on it or affixed to it in any manner.

SIGN, A-FRAME: An advertising device ordinarily in the shape of an "A", or some variation thereof, located on the ground, not permanently attached thereto, easily movable and usually two (2) sided.

SIGN, ABANDONED: Any sign that is located on property that becomes vacant and unoccupied for a period of one month, or any sign that pertains to a time, event or purpose that no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of three (3) months.

SIGN, AWNING: A sign that is mounted or painted on, or attached to, an awning. No such sign shall project vertically above or horizontally beyond the physical dimensions of such awning.

SIGN, CANOPY: A sign that is painted on, printed on or attached to a canopy.

SIGN, DIRECTIONAL: A sign that directs the reader to the location of a private residence, public or educational institution, historical structure or area, or public park or building.

SIGN, DIRECTORY: A sign that serves as common or collective classification for a group of persons or businesses operating on the same zoning lot (e.g., shopping center, office complex, etc.). Such sign may name the persons or businesses included, but carry no other advertising matter.

SIGN FACE: That part of the sign that is, or can be, used to identify, advertise, communicate information, or for visual representation, which attracts the attention of the public for any purpose. The term "sign face" includes any background or surrounding material, panel, trim or ornamentation, color, and direct or self-illumination that differentiates the sign from the building, structure, backdrop surface or object upon or against which it is placed. The term "sign face" does not include any portion of the support structure for the sign, provided that no message, symbol or any of the previously described elements of a sign face is placed on or designated as part of the support structure.

SIGN, FLASHING: An illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color, flashes, moves, scintillates, blinks, flickers or uses intermittent electrical pulsations while in use.

SIGN, FREESTANDING: A sign that is attached to, or part of, a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface, and shall not be attached to any building or structure, whether portable or stationary. A freestanding sign may be a pole or monument sign.

SIGN, GOVERNMENT: Any temporary or permanent sign erected and maintained for any official governmental purpose.

SIGN GRAPHICS: Any lettering, numerals, figures, designs, symbols, or other drawings or images used to create a sign.

SIGN HEIGHT: The distance from the mean elevation of the adjacent finished grade to the highest point of a sign, as measured from the bottom of finished grade at the base of the sign.

SIGN, HORIZONTAL PROJECTING: A projecting sign that is greater in width than height.

SIGN, IDENTIFICATION: A sign giving the name, trademark, or other readily recognized symbol or address, or any combination thereof, of a building, business, development or establishment on the premises where it is located.

SIGN, ILLUMINATED: Any sign that has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper, or by electric lights or luminous tubes so arranged that the light is reflected from the sign to the eyes of the viewer.

SIGN, MEMORIAL: A sign, tablet or plaque memorializing a person, event, structure or site.

SIGN, MOBILE: Any sign designed to be transported or movable including, but not limited to:

   (A)   Signs with wheels or with wheels removed.

   (B)   Signs with chassis or support constructed without wheels.

   (C)   Signs designed to be transported by trailer, wheels or boat.

   (D)   Signs converted to, or constructed as, an A-frame sign.

   (E)   Signs painted, mounted, or affixed on a motor vehicle or boat for advertising purposes, parked on or off public right of way or shore, and visible from the public right of way or shore, except signs identifying the related business when the motor vehicle or boat is being used in the day to day operations of that business.

   (F)   Mobile signs may be designated as electrical or nonelectrical.

SIGN, MONUMENT: Any sign, other than a pole sign, placed upon or supported by the ground independently of any other structure. Monument signs are typically mounted on a masonry base.

SIGN, MUNICIPAL: A sign erected and maintained pursuant to, and in discharge of, any municipal functions or required by law.

SIGN, NONCONFORMING: A sign existing at the effective date hereof which could not be built under the terms of this title.

SIGN, POLE: A sign erected and maintained on one or two (2) freestanding mast(s) or pole(s) and not attached to any building. "Pole sign" does not include monument signs, as defined herein.

SIGN, POLITICAL: A sign advocating action on a public issue or recommending a candidate for public office.

SIGN, PROJECTING: Any sign that is attached to a building or other structure and extends beyond the line of the building or structure, or beyond the surface of that portion of the building or structure to which it is attached.

SIGN, PUBLIC SERVICE: A sign or device displaying only the time, temperature, stock market quotations or civic messages.

SIGN, REAL ESTATE: A temporary sign placed upon property for the purpose of advertising to the public the sale, lease, rental or open house of said property.

SIGN, ROOF: Any sign wholly erected, constructed or maintained upon or above the roof structure or parapet of any building with the principal support attached to the roof structure.

SIGN STRUCTURE OR SUPPORT: Any structure that supports, or is capable of supporting, a sign, including decorative cover.

SIGN, TEMPORARY: Any sign, banner, pennant or other advertising display constructed of cloth, canvas, light fabric, cardboard, wall board or other light materials approved by the village board and intended to be displayed for a limited amount of time.

SIGN, VERTICAL PROJECTING: A projecting sign that is greater in height than in width.

SIGN, WALL: Any sign that shall be affixed parallel to the wall, painted or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted. For the purposes of this title, any sign display that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the face of a marquee shall be considered a wall sign.

SIGN, WINDOW: A sign attached to, placed upon or printed on the interior or exterior of a window or door of a building intended for viewing from the exterior of such a building.

STORY: That portion of a building included between the surface of a floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling or roof above it. A basement shall be counted as a story, for the purposes of this title, when more than one-half (1/2) of such basement height is above the established curb level, or finished lot grade level at the front of the building where curb level has not been established.

STORY, HALF: That portion of a building under a gable, hip, or mansard.

STREET: A thoroughfare over thirty feet (30') in width between property lines, used for public foot and vehicle traffic, other than an alley. A street may consist of two (2) or more lanes of pavement for through vehicular traffic, a parking lane on one or both sides, parkways, or grass plots outside parking or traffic lanes, and public sidewalks for foot traffic.

STREET, ARTERIAL: A street designated as an arterial street in the comprehensive plan.

STREET, COLLECTOR: A street designated as a collector in the comprehensive plan.

STREET LEVEL: The story of a building that has its floor at the closest level to the street, with direct pedestrian access to that story from the outside.

STREET LINE: The dividing line between a street and a lot. The front street line of a corner lot is the shortest street line.

STREET, LOCAL: A street that is not an arterial or a collector street.

STREET WALL: The wall of a building nearest to and facing on a street.

STRUCTURAL ALTERATION: Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.

STRUCTURE: Any improvement upon land, the use of which requires a permanent or temporary location on the ground or attachment to something having a permanent or temporary location on the ground. This includes, but is not limited to, buildings, signs, fences, decks, etc.

SWIMMING POOL: A receptacle for water and/or an artificial pool of water having a depth at any point of more than two feet (2'), intended for the purposes of immersion therein of human beings, and includes all appurtenant equipment.

TEMPORARY: Existing for a period of not more than six (6) months.

TEMPORARY CONTRACTOR'S AND REAL ESTATE SALES OFFICE: This use includes watchman's trailers, construction equipment sheds, contractor or real estate sales trailers, and similar uses incidental to a construction project and the sales of homes within a newly constructed development.

TENT: Any structure or enclosure, the roof of which and/or one-half (1/2) or more of the sides, are constructed of silk, cotton, canvas, fabric or a similar light material.

TERRACE: An open area with a paved platform and a flat roof or rooflike structure, and adjacent on at least one side to a building, but not adjacent to any entrance to a building.

TOWER: A structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including monopole towers or any new tower structures approved by the village of Midlothian. The term encompasses radio transmission towers or communication services towers, alternative tower structures, and similar structures.

UNIFIED CONTROL: The combination of two (2) or more tracts of land wherein each owner has agreed that his tract of land shall be developed as part of a planned unit development and shall be subject to the control of this title applicable to the planned unit development.

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, and shall include any manner of performance of such activity.

USE, ACCESSORY: See definition of Accessory Structure Or Use.

USE, PERMITTED: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (if any) of such district.

USE, PRINCIPAL: The main use of land or buildings as distinguished from a subordinate or accessory use.

USE, SPECIAL: A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district(s). In each case, after due consideration of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such "special use" may or may not be granted.

VISION CLEARANCE AREA: The "vision clearance area" at the intersection of two (2) streets, which shall be defined as a triangular area measured twenty five feet (25') on the front lot line and fifty feet (50') on the corner side lot line of a corner lot, and shall not be obstructed by any sign, wall, fence, hedge, shrubbery or other object which exceeds four feet (4') in height. In the event that the grade of a lot is higher than the street grade, the height of the wall, fence, hedge or shrubbery shall be reduced so that the visional clearance is not obstructed four feet (4') over the grade of the street.

YARD: An open space, on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this title. A "yard" extends along a lot line and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located.

YARD, CORNER SIDE: A side yard on a corner lot which faces a public street. In differentiating the corner side yard from the front yard on corner lots, the corner side yard shall be the yard with the greater width.

YARD, FRONT: An open unoccupied space between the front line of the building and the street line. In differentiating the front yard from the corner side yard on corner lots, the front yard shall be the yard with the narrowest width.

YARD, INTERIOR SIDE: A side yard that is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.

YARD, REAR: An open space between the rear line of the building and the rear line of the lot, for the full width of the lot and unoccupied except for authorized accessory buildings.

YARD, SIDE: An open unoccupied space on the same lot with a building between the building and the side line of the lot, and extending from the street line to the rear line of the building, except on a corner lot, the side yard on the street side shall extend from the front street line to the rear lot line.

(Ord. 1650, 10-10-2007, eff. 10-15-2007; amd. Ord. 1870, 5-14-2014)