A.   This Title is adopted for the purpose of:

      1.   Promoting the public health, safety, comfort, morals, convenience and general welfare;

      2.   Securing adequate natural light, pure air and safety from fire and other dangers;

      3.   Lessening or avoiding the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters;

      4.   Lessening or avoiding congestion in the public streets and highways;

      5.   Conserving the value of land and buildings throughout the Village; and

      6.   Preserving and enhancing aesthetic values throughout the Village.

   B.   To these ends this Title is intended to establish and accomplish certain standards and objectives by:

      1.   Dividing the entire Village into districts and regulating therein the location, construction, reconstruction, alteration and use of buildings, structures and land, whether for agriculture, residence, business, manufacturing or other specified uses;

      2.   Avoiding or lessening congestion in the public streets by adequate requirements for off-street parking and loading facilities;

      3.   Preventing the overcrowding of land by regulating and limiting the height and bulk of buildings hereafter erected;

      4.   Establishing, regulating and limiting the building or setback lines along streets, alleys and property lines;

      5.   Regulating and limiting the intensity of the use of lot areas, and regulating and determining the area of open spaces surrounding buildings;

      6.   Establishing standards to which buildings or structures therein shall conform;

      7.   Permitting in each zoning district only those uses, buildings and structures that are compatible with the character of each district;

      8.   Preventing additions to, and alterations or remodeling of, existing buildings or structures, in such a way as to avoid the restrictions and limitations imposed under this Title;

      9.   Providing controls governing the continuation of those existing uses, buildings and structures, which are incompatible with the character of the districts in which they are located;

      10.   Providing for the gradual elimination of structures and uses which are incompatible with the character of the districts in which they are located;

      11.   Defining the powers and duties of the administrative officers and bodies as provided in this Title; and

      12.   Prescribing penalties for the violation of the provisions of this Title, or of any amendment thereto. (Ord., 5-15-1974)

In their application, the provisions of this Title shall be held to be the minimum requirements for the promotion and protection of the public health, safety, comfort, morals, convenience and general welfare, and the provisions shall be interpreted in accordance with the following:

   A.   Where the conditions imposed by any provision of this Title are either more restrictive or less restrictive than comparable standards imposed by any other provision of this Title or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements, shall govern;

   B.   This Title is not intended to abrogate any easement, covenant or other private agreement; provided, that where the regulations of this Title are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this Title shall govern; and

   C.   No building, structure or use not lawfully existing on the effective date hereof shall become or be made lawful solely by reason of the adoption of this Title; and to the extent that, and in any manner that said unlawful building, structure or use are in conflict with the requirements of this Title, said building, structure or use remains unlawful under the provisions of this Title. (Ord., 5-15-1974)

It is hereby declared to be the intention of the Board of Trustees that the several provisions of this Title are separable, in accordance with the following:

   A.   If any court of competent jurisdiction shall adjudge any provisions of this Title or amendments thereto to be invalid, such judgment shall not affect any other provisions of this Title or amendments thereto not specifically included in said judgment; and

   B.   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Title or amendments thereto to a particular property or structure, such judgment shall not affect the application of said provision to any other property or structure not specifically included in said judgment. (Ord., 5-15-1974)

In the construction of this Title, the rules and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise.

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

   B.   The word "shall" is mandatory and not discretionary; and the word "may" is permissive.

   C.   The word "lot" shall include the words "piece", "parcel" and "tract"; and the phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for" and "occupied for".

   D.   All measured distances shall be to the nearest integral foot.

   E.   Any words not defined as follows shall be construed in their generally accepted meaning as defined in the most recent publication of Webster's Dictionary. (Ord., 5-15-1974)

ABUTS, ABUTTING: To have a common property line or district line.

ACCESSORY BUILDING: A subordinate building or a portion of a principal building, the use of which is incidental and customary to that of the principal building. Where an accessory building is attached to and made a part of the principal building such accessory building shall comply in all respects with the requirements of this Title applicable to the principal building.

ACCESSORY USE: See Use, Accessory.

ADJACENT: To lie near or close to; in the neighborhood or vicinity of.

ADJOINING: Touching or contiguous, as distinguished from lying near.

AGRICULTURE: Land; or land, buildings and structures, the principal uses of which are growing of farm or truck garden crops and one or more of the following: dairying, pasturage, apiculture, horticulture, floriculture, viticulture or animal and poultry husbandry, and accessory uses customarily incidental to agricultural activities including, but not limited to, the farm dwelling, dwellings for tenants and full time hired farm workers and dwellings or lodging rooms for seasonal workers.

ALLEY: A right of way which affords a secondary means of vehicular access to abutting properties.

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

ANIMAL HOSPITAL: A building or portion thereof designed or used for the care, observation or treatment of domestic animals.

AUTOMOBILE LAUNDRY: A building or portion thereof containing facilities for washing more than two (2) motor vehicles, using production line methods.

AUTOMOBILE SERVICE STATION: A building or portion thereof or lot used or offering for sale at retail to the public, fuels, oils and accessories for motor vehicles; where repair service is incidental, where no storage or parking space is offered for rent and where no motor vehicles or boats are offered for sale or rent. When such dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.

AUTOMOBILE WRECKING YARD: An area of land where three (3) or more motor vehicles, or vehicles, machinery or equipment drawn or operated by attaching to motor vehicles or mechanical unit (not in or being restored to running or operable condition) or parts thereof are stored in the open and any land, building or structure used for wrecking or storing prior to wrecking of such motor vehicles, vehicles, machinery or equipment or parts thereof.

AWNING: A roof like mechanism, retractable in operation, which projects from the wall of a building.

BASEMENT: A story having part but not more than one-half (1/2) of its floor to clear ceiling height below grade. When a basement is used for storage, or garages for use of occupants of the building, or other facilities common for the operation and maintenance of the entire building, it shall not be counted as a story.

BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, railroad rights of way, or other lines of demarcation.

BOARDING HOUSE: A residential building or portion thereof (other than a motel, apartment hotel or hotel) containing lodging rooms for accommodation of three (3) but not more than ten (10) persons who are not members of the keeper's family and where lodging or meals or both are provided.

BODY PIERCING: To make a hole in the body or oral cavity in order to insert or allow the insertion of any ring, hoop, stud, or other object for the purpose of ornamentation of the body. Body piercing does not include tongue splitting or ear piercing, and shall not be construed in any way to prohibit any injection, incision, acupuncture, or similar medical or dental procedure performed by a licensed healthcare professional or other person authorized to perform that procedure.

BUILDABLE AREA, FRONT, ACCESSORY BUILDINGS, STRUCTURES AND USES: That portion of a lot bounded by the front building lines, side yard lines, front yard line, and the front of the principal building. Adjustments to area may be required due to setbacks for the type of accessory use, public utility easements, drainage easements, and overland flow routes.

BUILDABLE AREA, PRINCIPAL BUILDING: That portion of a lot bounded by the required rear yard, side yards and front yard, for construction of the principal building.

BUILDABLE AREA, REAR CORNER, ACCESSORY BUILDINGS, STRUCTURES AND USES: That portion of a lot bounded by the rear building lines, corner, side lot line abutting another lot, required side yard setback where abutting a street, and the rear of the principal building. Adjustments to area may be required due to setbacks for the type of accessory use, public utility easements, drainage easements, and overland flow routes.

BUILDABLE AREA, REAR INTERIOR, ACCESSORY BUILDINGS, STRUCTURES AND USES: That portion of a lot bounded by the rear building lines, interior, side lot lines, rear lot line, and the rear of the principal building. Adjustments to area may be required due to setbacks for the type of accessory use, public utility easements, drainage easements, and overland flow routes.

BUILDABLE AREA, SIDE, ACCESSORY BUILDINGS, STRUCTURES AND USES: That portion of a lot bounded by the front building line, side yard line, rear building line, interior/corner, and the principal building. Adjustments to area may be required due to setbacks for the type of accessory use, public utility easements, drainage easements, and overland flow routes.

BUILDING: A structure built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind, and which is permanently affixed to the land. When any portion thereof is completely separated from every other portion by a party wall, then such portion shall be deemed to be a separate building.

BUILDING, ACCESSORY: See definition of Accessory Building.

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

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

BUILDING, HEIGHT OF: The vertical distance from grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. Chimneys, towers, spires, elevator penthouses, cooling towers and similar projections other than signs shall not be included in calculating building height.

BUILDING INSPECTOR: The building officer and inspector of the village or his duly authorized representative.

BUILDING LINE, FRONT: The line or lines parallel or nearly parallel to the front lot line, measured from the front corners of the principal building to the required side yard lines.

BUILDING LINE, REAR CORNER: The line or lines parallel or nearly parallel to the front lot line, measured from the rear corners of the principal building to the required side yard line and side lot line.

BUILDING LINE, REAR INTERIOR: The line or lines parallel or nearly parallel to the front lot line, measured from the rear corners of the principal building to the side lot lines.

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

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

BULK: The term used to indicate the size and setback of buildings or structures, and the location of same with respect to one another, and includes the following: a) size and height of buildings; b) location of exterior walls; c) floor area ratio; d) open space allocated to buildings; and e) lot area and lot width provided per dwelling unit.

BUSINESS: An occupation, employment or enterprise which occupies time, attention, labor and materials; or wherein merchandise is exhibited or sold or where services are offered.

BUSINESS ESTABLISHMENT: A structure, or lot used in whole or in part as a place of business, the ownership or management of which is separate and distinct from the ownership or management of any other place of business located on the same or another lot.

CANDLEPOWER: The luminous intensity, as evaluated in effectiveness of stimulating visual sensation, of any radiation in a given direction. The international candle has been adopted in 1940 as 1/60 of the brightness of platinum.

CARGO CONTAINER FACILITY: Land which is improved and used, with or without any principal or accessory structure(s), primarily for the storage of shipping/storage containers, which may be stored on or off tractor trailers, but may not be stacked.

CARPORT: A roofed automobile shelter, with two (2) or more open sides.

CELLAR: An area having more than one-half (1/2) of its floor to clear ceiling height below grade and which is not counted as a story.

CLINIC, MEDICAL OR DENTAL: A building or portion thereof, the principal use of which is for offices of physicians or dentists or both, for the examination and treatment of persons on an outpatient basis.

CLOSED CUP FLASHPOINT: The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will propagate a flame. The Tag closed cup tester shall be authoritative for liquids having a flashpoint below one hundred seventy five degrees Fahrenheit (175°F). The Pensky-Martens tester shall be authoritative for liquids having flashpoints between one hundred seventy five degrees Fahrenheit (175°F) and three hundred degrees Fahrenheit (300°F).

CLUB OR LODGE, PRIVATE: A nonprofit association of persons who are bona fide members and whose facilities are restricted to members and their guests. Food and alcoholic beverages may be served on its premises provided they are secondary and incidental to the principal use.

COMMERCIAL SOLAR FARM: A solar energy system that comprises one of the primary use(s) for the parcel of land on which it is located, or any solar energy system that has a primary purpose for wholesale or retail sales of generated electricity.

COMMERCIAL VEHICLE: A motor vehicle designed to transport passengers or property if:

   A.   The vehicle has a gross vehicle weight rating of twenty six thousand one (26,001) pounds or more or such a lesser gross vehicle weight rating as subsequently determined by federal regulations or the secretary of state; or any combination of vehicles with a gross combination weight rating of twenty six thousand one (26,001) pounds or more, provided the gross vehicle weight rating of any vehicle or vehicles being towed is ten thousand one (10,001) pounds or more; or

   B.   The vehicle is designed to transport sixteen (16) or more persons; or

   C.   The vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 CFR part 172, subpart F.

Pursuant to the interpretation of the commercial motor vehicle safety act of 1986 by the federal highway administration, the definition of "commercial vehicle" does not include:

   A.   Recreational vehicles, when operated primarily for personal use;

   B.   United States department of defense vehicles being operated by noncivilian personnel. This includes any operator on active military duty; members of the reserves; national guard; personnel on part time training; and national guard military technicians (civilians who are required to wear military uniforms and are subject to the code of military justice); or

   C.   Firefighting and other emergency equipment (including, without limitation, equipment owned or operated by a HAZMAT or technical rescue team authorized by a county board under section 5-1127 of the county's code), with audible and visual signals, owned or operated by or for a governmental entity, which is necessary to the preservation of life or property or the execution of emergency governmental functions which are normally not subject to general traffic rules and regulations.

CONFORMING BUILDING OR STRUCTURE: A building or structure which: a) complies with all the regulations of this title or of any amendments thereto governing bulk of the district in which said building or structure is located; or b) is designed or intended for a permitted or conditional permitted use as allowed in the district in which it is located.

DAYCARE CENTER: Any childcare facility which regularly provides daycare for less than twenty four (24) hours per day for more than three (3) children in a facility other than a family home. The term does not include:

   A.   Programs operated by: 1) public or private elementary school systems or secondary level school units or institutions of higher learning that serve children who shall have attained the age of three (3) years or 2) private entities on the grounds of public or private elementary or secondary schools and that serve children who have attained the age of three (3) years;

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

   C.   Any type of daycare center that is conducted on federal, state or local government premises; or

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

DECORATIVE FENCE: A fence used mostly for aesthetics which adds to the visual beauty of the property. This fence may not exceed forty two inches (42") in height, excluding posts, when the fence is installed in a front or corner side yard. Forty percent (40%) of the square footage of the overall dimensions of the fence shall be open. (A woven wire or cyclone type fence is not considered a decorative fence.)

DISPLACEMENT (EARTH): The amplitude or intensity of an earthborn vibration measured in inches. The displacement or amplitude is one-half (1/2) the total earth movement.

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

DRIVE-IN ESTABLISHMENT: An establishment or part thereof in which are provided facilities where serving or consuming commodities or both are intended to occur primarily in patrons' automobiles parked on the premises.

DRIVE-THROUGH FACILITY: Any building or structure or portion thereof that is designed, intended or used to transact business with customers located in a motor vehicle, which is usually left running during such business transactions. These facilities include, but are not limited to, restaurants, banks, financial institutions, or any business having drive-up or curb service.

DWELLING: A building or portion thereof designed or used exclusively for residential purposes, including single-family, two-family and multiple-family dwellings, but not including mobile homes or other trailers, or lodging rooms in hotels, motels or lodging houses.

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

DWELLING, MULTIPLE-FAMILY: A building or portion thereof containing three (3) or more dwelling units connected primarily vertically, generally but not necessarily, with a common entrance.

DWELLING, SINGLE-FAMILY ATTACHED: A building or portion thereof containing three (3) or more single-family dwelling units connected primarily horizontally with each unit having an exclusive entrance.

DWELLING, SINGLE-FAMILY DETACHED: A dwelling containing one dwelling unit in a detached building unless otherwise specified.

DWELLING, TWO-FAMILY: A building consisting of two (2) dwelling units either attached side by side or one above the other, with each dwelling unit having a separate entrance.

DWELLING UNIT: One or more rooms which are used for living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed to serve the entire family, shall always be included within each "dwelling unit".

EARTHBORN VIBRATIONS: A cyclic movement of the earth due to the propagation of mechanical energy.

EFFICIENCY UNIT: A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room.

ELECTRIC DISTRIBUTION CENTER: A terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.

ELECTRIC SUBSTATION: A terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system.

EQUIVALENT OPACITY: The shade on the Ringelmann chart that most closely corresponds to the density of smoke, other than black or gray.

FALLOUT SHELTER: An accessory building and use which incorporates the fundamentals for fallout protection (shielding mass, ventilation and space to live) and which is constructed of such materials and in such a manner as to afford to the occupants substantial protection from radioactive fallout.

FAMILY: One person or two (2) or more persons each related to the other by blood, marriage or legal adoption, or a group of not more than four (4) persons not all so related, together with his or their domestic servants, maintaining a common household in a dwelling unit. A family may include, in addition thereto, not more than two (2) roomers, boarders or permanent guests, whether or not gratuitous.

FENCE: Any structure, partition or enclosure of wood, stone, iron, metal or other material enclosing or dividing a piece of land for the purpose of this title. A fence shall not include naturally growing shrubs, bushes and other foliage.

FLOOD CREST ELEVATION: The elevation of the highest flood level that has been or may be subsequently designed by the village engineer. The flood crest elevation designated by the village engineer shall be based upon a storm water drainage map showing flood crest elevations at appropriate locations as approved by the board of trustees.

FLOOD PLAIN AREA: That continuous area adjacent to a stream or streambed, or any storm water retention area and its tributaries, whose elevation is equal to or lower than the flood crest elevation including also land having an elevation higher than flood crest elevation but less than ten (10) acres in area and surrounded by land in a floodplain area or an area of such elevation secured by landfill projecting into a floodplain area.

   Any point shall be deemed to be within the floodplain area if it falls below the elevation of a high water mark, as the elevation of the mark is projected in horizontal directions perpendicular to the flow of the stream and thence to intersections at an equal elevation with the land on either side of the stream. Any point between the aforedescribed projections of any two (2) high water marks shall be deemed within the floodplain area if it is at an elevation equal to or lower than similar projections of the interpolated flood crest elevation. The interpolated flood crest elevation is the calculated elevation of the flood crest at the centerline of the stream between two (2) known flood crests of the nearest upstream and downstream high water marks and the difference in elevation between the flood crest at this location and at either of the high water mark projections is directly proportional to the difference in stream centerline distance between the two (2) high water mark projections.

FLOOR AREA (For Determining Floor Area Ratio): The sum of the gross horizontal areas of the several floors including also the basement floor of a building, measured from the exterior faces of the exterior walls, or from the centerlines of walls separating two (2) buildings. The "floor area" shall also include the horizontal areas on each floor devoted to: a) elevator shafts and stairwells; b) mechanical equipment, except if located on the roof, when either open or enclosed (i.e., bulkheads, water tanks and cooling towers); c) habitable attic space as permitted by the building code of the village, as adopted in title 4, chapter 2 of this code; d) interior balconies and mezzanines; e) enclosed porches; and f) accessory uses. The "floor area" of structures used for bulk storage of materials (i.e., grain elevators, petroleum tanks) shall also be included in the "floor area" and such "floor area" shall be determined on the basis of the height of such structures with one floor for each ten feet (10') of structure height and if such structure measures less than ten feet (10') but not less than five feet (5') over such floor height intervals, it shall be construed to have an additional floor.

   The horizontal area in each floor of a building devoted to off street parking and off street loading facilities and the horizontal area of a cellar floor shall not be included in the "floor area".

FLOOR AREA (For Determining Off Street Parking And Off Street Loading Requirements): "Floor area" when prescribed as the basis of measurement for off street parking spaces and off street loading spaces for any use shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off street parking facilities and the horizontal areas of the basement and cellar floors that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls.

FLOOR AREA RATIO: The numerical value obtained by dividing the "floor area" within a building or buildings on a lot by the area of such lot. The floor area ratio as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible "floor area" for the building or buildings on the lot.

FOOT-CANDLE: A unit of illumination, equivalent to the illumination at all points which are one foot (1') distant from a uniform point source of one candle power.

FOOT-LAMBERT: A unit of brightness, usually of a reflecting surface. A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot (1') distance over one square foot has a brightness of one foot-lambert.

FREE BURNING: The rate of combustion of a material which burns actively, and easily supports combustion.

FREIGHT TERMINAL: A building or area in which freight brought by motor truck or railroad freight cars is assembled or stored for routing in intrastate or interstate shipment by motor trucks or railroad freight cars.

GARAGE, PRIVATE: An accessory building designed and used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory and in which no occupation or business for profit is carried on. Not more than one of the motor vehicles may be a commercial vehicle of not more than one and one-half (11/2) tons' capacity.

GRADE: The established grade of the street or sidewalk. Where no such grade has been established, the grade shall be the elevation of the sidewalk at the property line. Where no sidewalks exist, the grade shall be the average elevation of the street adjacent to the property line, except in cases of unusual topographic conditions as determined by the building inspector, grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure.

GROSS DENSITY: The ratio between total number of dwelling units on a lot and total lot area in acres.

GROUND FLOOR AREA: The lot area covered by a principal building, measured at highest ground grade, adjacent to building, from the exterior faces of the exterior walls, but excluding open porches or terraces, and garages or carports.

GROUND-MOUNTED COMMERCIAL SOLAR FARM: A system of solar panels installed on the ground, rather than on a roof, to convert sunlight into electricity for a community or building for the purpose of sale or resale. Ground-mounted solar panels are usually mounted on racks or posts that are anchored to the ground, and are tilted at an angle to face the sun.

GUEST, PERMANENT: A person who occupies or has the right to occupy a lodging house, rooming house, boarding house, hotel, apartment hotel or motel accommodation as his domicile and place of permanent residence.

HOME OCCUPATION: Any gainful business, occupation or profession conducted within a dwelling unit by a member of the family residing in the dwelling unit which is incidental and secondary to the use of the dwelling unit for dwelling purposes.

HOTEL: An establishment containing lodging rooms, for occupancy by transient guests in contradistinction to a lodging house, boarding house or a rooming house and which provides customary hotel services such as: maid, telephone, bellboy and desk services; and the use and upkeep of furnishing and laundry of linens.

HOTEL, APARTMENT: A hotel in which at least eighty percent (80%) of the hotel accommodations are occupied by permanent guests.

IMPERVIOUS SURFACE RATIO: The numerical value obtained by dividing the area of a lot which is occupied or covered by any material that substantially reduces or prevents the infiltration of stormwater by the area of such lot. Impervious surfaces shall include, but not be limited to, the ground area covered by buildings and other structures, as well as concrete, brick, asphalt, gravel, and similarly paved surfaces and areas of permanently standing water.

IMPULSIVE: Discrete vibration pulsations occurring no more often than one per second.

INCOMBUSTIBLE: A material which will not ignite nor actively support combustion during an exposure for five (5) minutes to a temperature of one thousand two hundred degrees Fahrenheit (1,200°F).

INSTITUTION: A building occupied by a not for profit corporation wholly for public or semipublic use.

INTENSE BURNING: The rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly. Examples: sawdust, magnesium (powder, flaked or strips) and rocket fuels.

JUNKYARD: An open area of land and any accessory building or structure thereon which is used primarily for buying, selling, exchanging, storing, baling, packing, disassembling or handling waste or scrap materials, including vehicles, machinery and equipment not in operable condition or parts thereof, and other metals, paper, rags, rubber tires and bottles. A "junkyard" includes an automobile wrecking yard, but does not include an establishment located in the applicable manufacturing district, engaged exclusively in processing of scrap iron or other metals to be sold only to establishments engaged in manufacturing of steel or metal alloys.

KENNEL: Any premises or portion thereof on which more than three (3) dogs, cats or other household domestic animals are kept, or on which more than two (2) such animals are maintained, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale.

LABORATORY: See definition of Research Laboratory.

LAMBERT: Defined as 1/929 of a foot-lambert, usually used to designate intrinsic brightness of light sources.

LANDING STRIP, PRIVATE: A strip of land used or intended for use for the landing and take-off of the private aircraft of the owner or lessee of the landing strip and his guests and such accessory structures customarily incidental to the operations which may include one building for the storage and maintenance of not more than two (2) such private aircraft.

LAUNDERETTE: A business that provides coin-operated self-service type washing, drying, dry cleaning and ironing facilities, providing that: a) not more than four (4) persons, including owners, are employed on the premises; and b) no pick-up or delivery service is maintained.

LOADING SPACE: A space within the principal building or on the same lot as the principal building providing for the standing, loading or unloading of trucks and with access to a street or alley.

LODGING HOUSE: A building originally designed for and used as a single or two-family dwelling, all or a portion of which contains lodging rooms which accommodate persons who are not members of the keeper's family. Lodging or meals, or both are provided for compensation for three (3) or more but not more than ten (10) persons.

LODGING ROOM: A room or suite of rooms rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, each room which provides sleeping accommodations shall be counted as one "lodging room" for the purpose of this Title.

LOT: A single parcel of land which is legally described and recorded as such, or which is one or more numbered lots or parts of such lots legally described and recorded as a part of a recorded subdivision plat, and in any case is located within a single block and having its principal frontage on a street or an easement or other common-use right of way, and which is designated by the owner at the time of application for a building permit as the site to be used, developed or built upon as a unit under single ownership or control. Therefore, a lot may or may not coincide with a single lot of record.

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

LOT, CORNER: A lot of which at least two (2) adjacent sides abut for their full length upon streets; provided, that the interior angle at the intersection of such two (2) sides is less than one hundred thirty five degrees (135°).

LOT COVERAGE: The area of a lot occupied by buildings or structures, including accessory buildings or structures.

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

LOT, INTERIOR: A lot that is not a corner lot.

LOT LINE: The property lines bounding a lot.

LOT LINE, CORNER SIDE: That boundary of a corner lot which abuts a street, but is not the front lot line.

LOT LINE, FRONT: The only boundary of a lot which abuts a street or, for a corner lot, the front lot line is the shortest boundary of the lot abutting a street or, in the event that the boundaries of a lot abutting a street are of equal length, then the front lot line is the lot line designated as such on a plat of dedication or a plat of subdivision.

LOT LINE, INTERIOR: A lot line which does not abut a street.

LOT LINE, REAR: An interior lot line which is most distant from and is almost parallel to the front lot line, and in the case of an irregular, or triangular, shaped lot at a line ten feet (10') in length within the lot, which is parallel to and maximum distance from the front lot line.

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

LOT OF RECORD: A single lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of Grundy and/or Will County, Illinois.

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

LOT, THROUGH: A lot having a pair of opposite lot lines along two (2) more or less parallel streets, and which is not a corner lot. Both street lines shall be deemed front lot lines.

LOT WIDTH: The minimum distance between the side lot lines of a lot measured at the narrowest point within the front thirty feet (30') of the buildable area.

MANUFACTURING ESTABLISHMENT: An establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products.

MARQUEE OR CANOPY: A roof-like structure of a permanent nature which projects from the wall of a building.

MICRON: A unit of length, equal to one-thousandths part of one millimeter (.001 millimeter).

MOBILE HOME: A trailer designed and constructed for dwelling purposes which contains cooking, sanitary and electrical facilities and has a gross floor area of two hundred forty (240) square feet or more.

MOBILE HOME PARK: A lot, parcel or tract of land developed with facilities for accommodating two (2) or more mobile homes, provided each mobile home contains a kitchen, flush toilet and shower or bath. It shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale, except mobile homes located on a site in the mobile home park which are occupied or vacant for not more than ninety (90) days after occupancy may be sold or offered for sale.

MODERATE BURNING: Implies a rate of combustion described by a material which supports combustion and is consumed slowly as it burns. Examples: wood, timber and logs.

MOTEL: An establishment consisting of a group of attached or detached lodging rooms with bathrooms, and where more than fifty percent (50%) of the lodging rooms are used for occupancy by transient automobile tourists. Cooking facilities shall not be included in any of the lodging rooms, but one dwelling unit may be included for occupancy by the owner or manager of the motel.

MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is assembled or stored for routing in intrastate or interstate shipment by motor truck.

MOTOR VEHICLE: A passenger vehicle, truck, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical power.

NAMEPLATE: A sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.

NO-ACCESS STRIP: A strip of land within and along a rear lot line of a through lot adjoining a street which is designated on a recorded subdivision plat or property deed as land over which motor vehicular travel shall not be permitted.

NONCONFORMING BUILDING OR STRUCTURE: Any building or structure lawfully established which: a) does not comply with all the regulations of this title or of any amendment hereto governing bulk of the district in which such building or structure is located; or b) is designed or intended for a nonconforming use.

NONCONFORMING USE: Any building or structure and the use thereof or the use of land that does not conform with the regulations of this title or any amendment thereto governing use in the district in which it is located but which conformed with all of the codes, ordinances and other legal requirements applicable at the time such building or structure was erected, enlarged or altered, and the use thereof or the use of land was established.

NOXIOUS MATTER OR MATERIAL: A material which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects of the physical or economic well being of individuals.

NURSERY SCHOOL: Educational institution for children who are preelementary school age.

NURSING HOME: A home for aged, chronically ill, care of children, infirm or incurable persons, or a place of rest for those persons suffering bodily disorders, in which three (3) or more persons not members of the family residing on the premises are received, and provided with food, shelter and care, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.

ODOR THRESHOLD: The lowest concentration of odorous matter in air that will produce an olfactory response in a human being. Odor thresholds shall be determined in accordance with ASTM method D 1391-57, "standard method for measurement of odor in atmospheres (dilution method)".

ODOROUS MATTER: Any material that produces an olfactory response among human beings.

OPEN SALES LOT: Land used or occupied for the purpose of buying, selling or renting merchandise stored or displayed out of doors prior to sale. Such merchandise includes automobiles, trucks, motor scooters, motorcycles, boats or similar commodities.

PARKING SPACE: An area, enclosed in a building or unenclosed, reserved for the parking of one motor vehicle and which is accessible to and from a street or alley.

PARTICULATE MATTER: Material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid at outdoor ambient conditions.

PARTY WALL: A common wall which extends from its footings below grade to the underside of the roof and divides buildings.

PERFORMANCE STANDARD: A criteria established to control smoke and particulate matter, noise, odorous matter, toxic matter, vibration, fire and explosion hazards, glare and radiation hazards generated by or inherent in uses of land or buildings.

PLANNED UNIT DEVELOPMENT: A parcel of land or contiguous parcels of land under single ownership or unified control and which is approved for development as a single, cohesive entity planned and designed in conformance with the purposes and standards of the planned unit development regulations as specified in title 6, chapter 7 of this code.

PLANNING AND ZONING COMMISSION: The village's planning and zoning commission. References in this code to "plan commission" or "planning commission" shall be deemed to mean the village's planning and zoning commission.

POULTRY: Any domesticated fowl including chickens, turkeys, geese, and ducks.

PYROPHORIC DUST: A dust in a finely divided state that is spontaneously combustible in air.

RADIATION HAZARDS: The deleterious and harmful effects of all ionizing radiation, which shall include all radiation capable of producing ions in their passage through matter. Such radiations shall include, but are not limited to, electromagnetic radiations such as X-rays and gamma rays and particulate radiation such as electrons or beta particles, protons, neutrons and alpha particles.

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

RECREATIONAL VEHICLE: A transportation vehicle, self-propelled or capable of being towed by a passenger car, station wagon or small pickup truck, of such size as not to require any special highway movement permits, and primarily designed or constructed to provide temporary, movable living quarters for recreational, camping or travel use, or to carry such equipment, but not for profit nor commercial use. Included as a recreational vehicle, but not to the exclusion of any other types not mentioned are: trailers, trailer coaches, camping trailers, motor homes, pickup (side in) campers, chassis mounts, converted vans, chopped vans, mini-motor homes, fifth wheel trailers of recreational vehicle type, construction and design, boat trailers, with and without boats mounted thereon, snowmobile trailers, with and without snowmobiles mounted thereon and truck caps.

REFUSE: All waste products resulting from human habitation, except sewage.

RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

RESERVOIR PARKING SPACES: Those off street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.

RESIDENTIAL DRIVEWAY: The area connecting the traveled portion of the public way and the motor vehicle entrance to a garage or the front of a house.

RINGELMANN CHART: The chart described in the U.S. bureau of mines information circular 6888, on which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke (smoke density).

RINGELMANN NUMBER: The number of the area of the Ringelmann chart that coincides most nearly with the visual density or equivalent opacity of the emission of smoke observed.

ROADWAY: That portion of a street which is used or intended to be used for the travel of motor vehicles.

ROOD-MOUNTED COMMERCIAL SOLAR FARM: A system of solar panels installed in which the racking, which holds the panels in place and/or the panels themselves are installed directly on the roof of a commercial or industrial building to convert sunlight into electricity for a community or building for the purpose of sale or resale. Panels can be attached to flat or sloping metal, shingle, or rubber roofs.

SETBACK: The minimum horizontal distance between a street line and the nearest wall of a building or side of a structure facing such street line, or edge of the area of operation of a principal use when no building or structure is involved.

SETBACK, ESTABLISHED: When forty percent (40%) or more of the lots fronting on one side of a street within a block are improved, the existing setbacks of such improved lots shall be the "established setback" for determining the depth of the required front yards for the remainder of the lots along such street frontage, as regulated in this title.

SIGN: A name, identification, description, illustration, display or device which is affixed to, painted or represented upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business. For purpose of definition, a sign structure may be single face or double face. However, a sign shall not include any display of any court, public or official notice, nor shall it include the flag, emblem, insignia of a nation, political unit, school, religious or charitable institution or organization. A sign shall also include a permanent sign located within an enclosed building in such a manner as to be viewed or intended for view primarily from the exterior of the building.

SIGN, ADVERTISING: A structure including a billboard on which is portrayed information which directs attention to a business, commodity, service or entertainment or other activity not related to use on the lot upon which the sign structure is located.

SIGN, BUSINESS: A sign which directs attention to a business, commodity, service, entertainment or other activity conducted on the lot upon which such sign is located.

SIGN, FLASHING: An illuminated sign on which the artificial light is not maintained constant or stationary in intensity or color at all times when such sign is in use. For the purpose of this title, a revolving sign, or any advertising device which attracts attention by moving parts, operated by mechanical equipment or movement is caused by natural sources, whether or not illuminated with artificial lighting, shall be considered a flashing sign.

SIGN, GROSS SURFACE AREA OF: The entire area within a single continuous perimeter enclosing the extreme limits of a sign.

SIGN, GROUND: A sign which is supported by one or more uprights or braces in or upon the ground.

SIGN, PROJECTING: A sign which is affixed to any building wall or structure and extends beyond the building wall or parts thereof or structure more than twelve inches (12").

SIGN, ROOF: A sign erected, constructed and maintained above the roof of any building.

SIGN, WALL: A sign which is affixed to an exterior wall of any building, when sign shall project not more than twelve inches (12") from the building wall or parts thereof.

SMOKE: The visible discharge from a chimney, stack, vent, exhaust or combustion process which is made up of particulate matter.

SMOKE UNIT: The number obtained when the smoke density in the Ringelmann number is multiplied by the time of emission in minutes. For the purpose of this calculation: a) a Ringelmann density reading shall be made at least once a minute during the period of observation; b) each reading is then multiplied by the time in minutes during which it is observed; and c) the various products are then added together to give the total number of "smoke units" observed during the entire observation period.

SOLAR ENERGY SYSTEM: Any combination of solar panels or solar arrays, including mounting structures, inverters, and other accessory equipment, used for the generation and storage of electricity.

STABLE, PRIVATE: A building or structure which is located on a lot on which a dwelling is located, and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling, but in no event for hire.

STABLE, PUBLIC: A building where horses are kept for remuneration, hire or sale.

STORY: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. The floor of a story may have split levels, provided that there are not more than four feet (4') difference in elevation between the different levels of the floor. A basement shall be counted as a story, except when used for storage, garages for use of occupants of a building or other facilities common for the rest of the building. A mezzanine floor shall be counted as a story when it covers over one-third (1/3) the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is twenty four feet (24') or more.

STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three feet (3') above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.

STREET: A public or private right of way or easement which is designated as a permanent right of way or easement for common use as the primary means of vehicular access to properties abutting on it.

STREET, FRONTAGE: All of the property fronting on one side of a street between two (2) intersecting streets, or in the case of a dead end street, all of the property along one side of the street between an intersecting street and the end of such dead end street.

STREET LINE: The street right of way line abutting a property line of a lot.

STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building.

STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, backstops for tennis courts and pergolas.

TATTOO, TATTOOED, TATTOOING: To insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.

TAVERN: An establishment where liquors are sold to be consumed on the premises but not including restaurants where the principal business is the serving of food.

THREE-COMPONENT MEASURING SYSTEM: Instruments which measure simultaneously earthborn vibrations in horizontal and vertical planes.

TOURIST HOME: A building which contains a single dwelling unit and in which meals or lodging or both are provided or offered to transient guests for compensation. "Tourist home" does not include a hotel, apartment hotel or motel.

TOURIST PARK: A parcel or tract of land containing facilities for locating three (3) or more travel trailers or mobile homes, and for use only by transients remaining less than three (3) months, whether or not a charge is made. An open sales lot in which automobiles or unoccupied trailers are parked for the purposes of inspection or sale is not included in a tourist park.

TOXIC MATTER OR MATERIAL: Those materials which are capable of causing injury to living organisms by chemical means.

TRAILER: Any vehicle or portable structure constructed so as to permit occupancy thereof for lodging or dwelling purposes or for the use as an accessory building or structure in the conduct of business, trade or occupation, and which may be used as a conveyance on streets and highways, by its own or other motive power.

TRAILER, CAMPING: A trailer designed and constructed for temporary dwelling purposes which does not contain certain built-in sanitary facilities and has a gross floor area of less than one hundred thirty (130) square feet.

TRAILER, TRAVEL: A trailer designed and constructed for dwelling purposes which may contain cooking, sanitary and electrical facilities, and has a gross floor area of one hundred thirty (130) square feet or more, but less than two hundred forty (240) square feet.

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 with respect to the performance standards of this Title.

USE, ACCESSORY: An accessory use is one which is incidental to the dominant use of the premises.

USE, CONDITIONAL PERMITTED: A use that has unusual operational, physical or other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that complements and is otherwise, or can be made, compatible with the intended over-all development within a district. Compliance with special standards not necessarily applicable to other permitted uses or conditional permitted uses in the district shall be required for a conditional permitted use, as regulated in this Title.

USE, LAWFUL: The use of any building, structure or land that conforms with all of the regulations of this Title or any amendment hereto and which conforms with all of the codes, ordinances and other legal requirements, as existing at the time of the effective date hereof or any amendment thereto, for the structure or land that is being examined.

USE, PERMITTED: Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and when applicable, performance standards of this Title for the district in which such use is located.

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

VENDING MACHINE: A machine for dispensing merchandise or services designed to be operated by the customer.

VIBRATION: The periodic displacement, measured in inches, of earth at designated frequency (cycles per second).

VIDEO GAMING CAFÉ: An establishment for which the primary or major business focus is video gaming, and the service of alcohol and food is incidental to the operation of the video gaming terminals.

YARD: An open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this Title.

YARD, FRONT: A yard which is bounded by the side lot lines, front lot line and the front yard line.

YARD, INTERIOR SIDE: A side yard which adjoins another lot or an alley separating such side yard from another lot.

YARD, LINE: A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard. A building, structure or other obstruction shall not encroach into the area between the "yard line" and such adjacent lot line, except for such permitted obstruction in yards as are set forth in this Title.

YARD, REAR: A yard which is bounded by side lot lines, rear lot line and the rear yard line.

YARD, SIDE: A yard which is bounded by the rear yard line, front yard line, side yard line and side lot line.

YARD, CORNER SIDE: A yard which is bounded by the front yard line, corner side yard line, rear yard line and corner side lot line.

ZONING BOARD OF APPEALS: References in this Code to the "Zoning Board of Appeals" or the "Board of Appeals" shall be deemed to be references to the Village's Planning and Zoning Commission.

ZONING DISTRICTS: The districts into which the Village has been divided for zoning regulations and requirements as set forth on the Zoning District Map.

ZONING ENFORCEMENT OFFICE: The Zoning Enforcement Office is the office of the Building Officer and Inspector of the Village from which the Building Officer and Inspector, and such deputies or assistants as may be duly appointed by the Board of Trustees, shall administer and enforce the provisions of the Zoning Title and to make such determinations, interpretations and orders as are necessary therefor, and require such plats, plans and other descriptive material in connection with applications for permits as are necessary for him to judge compliance with this Title in accordance with regulations set forth in this Title.

(Ord., 5-15-1974; amd. Ord. 1993-12, 8-24-1993; Ord. 1996-33, 12-10-1996; 1997 Code; Ord. 1997-08, 5-27-1997; Ord. 2000-46, 10-10-2000; Ord. 2003-26, 5-27-2003; Ord. 2005-41, 9-13-2005; Ord. 2006-01, 1-10-2006; Ord. 2006-02, 1-10-2006; Ord. 2006-38, 10-10-2006; Ord. 2006-44, 11-28-2006; Ord. 2007-31, 6-26-2007; Ord. 2009-26, 6-23-2009; Ord. 2013-14, 5-28-2013; Ord. 2017-09, 3-28-2017; Ord. 2023-40, 10-24-2023; Ord. 2024-18, 4-23-2024; Ord. 2024-39, 8-27-2024; Ord. 2024-50, 11-26-2024)