The terms and words defined in this chapter shall have the meanings herein ascribed to them.

   A.   Undefined Terms: Any words not defined in this chapter shall be construed as defined in normal dictionary usage.

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

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

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

   E.   Time: The time within which any act required by this title is to be performed shall be computed by excluding the first day and including the last day, unless the last day is a Saturday or Sunday or a holiday declared by the United States congress or the Illinois general assembly, in which event it shall also be excluded. The word "day" shall mean a calendar day, unless otherwise indicated.

   F.   Person: The word "person" includes individuals, firms, partnerships, joint ventures, trusts, trustees, estates, corporations, associations, and any other similar entities. (Ord. 2009-O-032, 8-10-2009)

   A.   Purpose Of Generic Use Definitions: Certain terms in this chapter are defined to be inclusive of many uses in order to eliminate overly detailed listings of uses in the zoning districts established by this title. These terms shall be referred to in this title as "generic" definitions.

   B.   Components Of Generic Use Definitions: A generic definition has three (3) components: 1) a brief listing of examples of uses intended to be included within the scope of the definition; 2) an identification (where appropriate) of certain uses that are not meant to be included by the term; and 3) a statement that for the purposes of each zoning district, any other uses specifically listed within the particular zoning district shall not be construed as falling within the generic definition.

   C.   Uses Not Listed Or Not Within Scope Of Generic Use Definitions: A use that is not specifically listed in a zoning district or does not fall within a generic definition as defined in this chapter, or as interpreted by the zoning official pursuant to section 9-4-8, "Administrative Interpretations", of this title, is prohibited. (Ord. 2009-O-032, 8-10-2009)

For the purposes of this title, the following terms shall have the following meanings:

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

   ACCESSORY USE OR STRUCTURE: A structure or use that: a) is incidental to and serves a principal building or a principal use; b) is subordinate in height, area, extent, and purpose to the principal structure or principal use served; c) contributes to the comfort, convenience, or necessity of the occupants, business, or industry of the principal structure or principal use served; and d) is located on the same lot as the principal structure or principal use served, except as otherwise expressly authorized by the provision of this title. Accessory parking facilities may be authorized to be located elsewhere. An accessory structure is a detached structure.

   ADJACENT: Lying near or in the immediate vicinity.

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

   ADVERTISING DEVICE: See definition of sign, advertising (billboard).

   AGRICULTURAL BUILDING OR STRUCTURE: For the purposes of this title, shall imply any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.

   AGRICULTURE: The use of land for agricultural purposes, including farming, dairy farming, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities. Included are truck farming, poultry farming, beekeeping, raising of fruit and berries, and the selling of agricultural products, but shall not include mechanized industrial animal farms. The land area (farm) necessary to constitute an agricultural use is ten (10) acres. "Agriculture" shall not include the commercial feeding of garbage to swine or other animals.

   AIR INFLATED STRUCTURES: A building or tentlike structure wherein the shape of the structure is maintained by air pressurization of cells or tubes to form a barrel vault over the usable area (i.e., pool domes, sport domes, etc.).

   AIRPORT: Any area of land or water designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

   ALCOHOL PRODUCTION FACILITY (BREWERY/DISTILLERY/WINERY): A facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption. Tasting rooms for the consumption of on-site produced beer, wine, or distilled products are permitted on the premises upon issuance of the required liquor license.

   ALLEY: A public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property. Frontage on said alley shall not be construed as satisfying the requirements of this title related to frontage on a dedicated street.

   ALTERATION: Any change in size, shape, character, occupancy, or use of a building or structure, including any act or process which changes one or more exterior architectural features of a historical improvement.

   ANIMAL CLINIC/HOSPITAL: A use or structure intended or used primarily for the testing and treatment of disorders of animals on an emergency or outpatient basis, including the indoor boarding of animals for such purpose. Animal clinics shall not provide outdoor boarding or kennels.

   ANTENNA: An apparatus, freestanding or attached to the exterior of a building, together with any supporting structure, for sending or receiving electromagnetic waves.

   APARTMENT BUILDING: A multiple-family dwelling originally constructed to accommodate three (3) or more apartments, designed with more than one dwelling unit connecting to a common corridor or entranceway, in contrast to single- or two-family dwellings converted for multiple-family use.

   APPROPRIATE PROTECTIVE INTEREST: Any right or interest in or title to an improvement including, but not limited to, fee title, or any easement, restriction, covenant or condition running with the land, designated to preserve, maintain or enhance all or part of the existing state of improvements of historic, architectural or aesthetic significance, the acquisition of which is determined by the Village Board to be necessary and appropriate for the effectuation of the purposes of section 9-4-9, "Historic Preservation", of this title.

   ARBOR: A lattice structure designed specifically for the purpose of supporting leafy vines, typically in an arc or corridor form. No structure shall be considered as an arbor for the purposes of this title unless the plant material typically associated with an arbor is in place.

   ASSISTED LIVING: A facility for adults in need of some protective oversight or assistance due to functional limitation that provides a living arrangement integrating shelter, food and other supportive services to maintain a functional residential status. "Assisted living" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   AUTO AND SCRAP SALVAGE: Any place where damaged, inoperable, or obsolete machinery such as cars, trucks, trailers, or parts thereof, are stored, bought, sold, accumulated, exchanged, disassembled, or handled.

   AUTO BODY REPAIR: A building, property, or activity the principal use of which is automotive body repair or auto detailing other than those types of repairs permitted at automobile filling stations and auto service repair establishments. "Auto body repair" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   AUTO FILLING STATION: A building, property, or structure the principal use of which dispenses or offers for retail sale of automotive fuels or oils and incidental convenience goods; having pumps and storage tanks thereon, and where battery, tire and other similar services, are rendered, but only if rendered wholly within lot lines. "Auto filling station" shall not include an auto body repair establishment, car washes, or any use that is otherwise listed specifically in a zoning district as a permitted or a special use.

   AWNING: A temporary hood or rooflike cover, often made of fabric or metal, that projects from the wall of a building and that may include a type which can be retracted, folded, or collapsed against the face of a supporting building, designed and intended for protection from the weather or as a decorative embellishment.

   BAKERY, PRODUCTION/WHOLESALE: A bakery in which the production and/or wholesaling of baked goods are permitted, but where over the counter or other retail dispensing of baked goods is prohibited.

   BAKERY, RETAIL: An establishment primarily engaged in the retail sale of baked goods for consumption off site.

   BASEMENT: A story having part, but not more than one-half (1/2), of its height below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.

   BED AND BREAKFAST (B&B): An owner occupied residence offering temporary lodging which has a maximum of three (3) guest units within a single-family dwelling.

   BLOCK: That property abutting on one side of a street between two (2) nearest intersecting streets, railroad rights-of-way, or natural barriers; provided, however, that where a street curves so that any two (2) chords thereof form an angle of one hundred twenty degrees (120°) or less measured on the lot side, such curve shall be construed as an intersecting street.

   BOARD: The Village of Mokena Board of Trustees.

   BOUNDARY LINE: A line on the zoning district map designating the edge of a use district. Such a boundary line may be a boundary line for two (2) use districts depending on the particular use districts located on each side of said line.

   BUILDABLE AREA: The space remaining on a zoning lot after the minimum yard requirements of this title have been complied with.

   BUILDING: A structure having a roof, supported by columns or walls for shelter, support or enclosure of persons, or animals. For structures separated by division walls from the ground up and without openings, each portion of said building shall be deemed as a separate building unit.

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

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

   BUILDING HEIGHT: See definition of Height Of Building.

   BUILDING MATERIALS SERVICE AND SUPPLY: An establishment where lumber and other building materials such as, but not limited to, brick, tile, cement, insulation, roofing materials, and the like are sold at retail. This definition includes, but is not limited to, the sale of heating and plumbing supplies, electrical supplies, paint, glass, hardware, and wallpaper.

   BUILDING, NONCONFORMING: See definition of Nonconforming Building Or Structure.

   BUILDING PERMIT: A permit issued by the village for the construction, erection, or alteration of a structure or building.

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

   BUILDING SETBACK LINE: The line parallel to the street identifying the minimum distance between a street right of way or property line and the nearest building foundation of any structure on the lot.

   BUILDING, UNIT GROUP: One or more buildings located or grouped upon a lot and held under one ownership, such as universities, hospitals, institutions, churches and temples, industrial plants, shopping centers, townhouses, apartment buildings, and similar uses.

   BULK: The term used to indicate the size and setbacks 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 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.

   BUSINESS SERVICES ESTABLISHMENTS: A building, property, or activity of which the principal use or purpose is the provision of business support oriented services directly to business and office establishments. This term shall include, but will not be limited to, temporary employment services, computer, copier, and business machine repair and service shops, bulk mail services and similar establishments. "Business services establishments" shall not include any use or other type of establishment that is otherwise listed specifically in a zoning district as a permitted or special use.

   CAPACITY IN PERSON: The maximum number of persons that can avail themselves of the services (or goods) of an establishment, at any one time, with reasonable comfort and safety.

   CAR WASH: A building, or portion thereof, where facilities for washing, cleaning and detailing automobiles are provided that involve machine or hand operated mechanical devices or equipment. "Car wash" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   CARETAKER RESIDENCE: An accessory dwelling on a nonresidential premises, occupied by the person who oversees the nonresidential operation and maintenance of a property twenty four (24) hours a day, and his or her family.

   CARGO CONTAINER (INTERMODAL CARGO CONTAINER): A large standardized container used for holding, storing, or shipping freight by ship, aircraft, railroad, truck, or other mode of transportation.

   CARPORT: Any parking space or spaces having a roof but not enclosed by walls, and accessory to a dwelling unit or units. If freestanding, the carport must be open on all sides. If attached to the principal structure, not more than twenty five percent (25%) of the carport walls may be enclosed.

   CELLAR: A story having more than one-half (1/2) of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.

   CERTIFY OR CERTIFICATION: The specific inspection and tests where required have been performed and that such tests or inspections verify compliance with the applicable requirements of this title signed under oath and notarized.

   CHILDCARE CENTER: Any place other than a family home in which persons receive childcare services during any part of a day not exceeding thirteen (13) hours in any twenty four (24) hour period and licensed pursuant to the village and state requirements.

   CLINICS (MEDICAL AND DENTAL): A facility operated by one or more physicians, dentists, chiropractors, or other licensed practitioner of the healing of the arts, for the examination and treatment of persons. This definition includes outpatient surgery centers that may house patients overnight for up to forty eight (48) hours.

   COLLEGE/UNIVERSITY: A privately owned or publicly owned institution providing full time or part time education beyond the high school level, including any lodging rooms or housing for students or faculty.

   COMMERCIAL INDOOR RECREATION: Public or private recreation facilities, tennis courts, ball courts, racquet courts or other courts, swimming pools, bowling alleys, skating rinks, or similar uses that are enclosed in buildings and are operated on a commercial or membership basis, and primarily for the use of persons who do not reside on the same lot as the recreational use. "Commercial indoor recreation" shall include, but not be limited to, health and fitness clubs or any accessory use, such as snack bars, pro shops, and locker rooms that are designed and intended primarily for the use of patrons of the principal recreational use. "Commercial indoor recreation" shall not include gun firing ranges, cultural facilities, dance halls, or any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   COMMERCIAL OUTDOOR RECREATION: Public or private swimming pools, tennis courts, ball fields, and ball courts that are not enclosed in buildings and are operated on a commercial or membership basis, and primarily for the use of persons who do not reside on the same lot as the recreational use. "Commercial outdoor recreation" shall include any accessory uses, such as snack bars, pro shops, and clubhouses that are designed and intended primarily for the use of patrons of the principal recreational use. "Commercial outdoor recreation" shall not include skateboarding courses, water slides, mechanical rides, go-cart or motorcycle courses, raceways, drag strips, overnight camping, or gun firing ranges, or any use that is otherwise listed specifically in a zoning district as a permitted or a special use.

   COMMERCIAL PARKING GARAGE: A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of the building. This definition includes commercial parking garages, deck parking, and underground or under building parking areas.

   COMMERCIAL PARKING LOT: An area reserved or used for parking or storage of automobiles, either privately or publicly owned, and generally available to the public and involving payment of a charge for such parking or storage.

   COMMERCIAL SHOPPING CENTER: A concentration of related commercial establishments with one or more major anchor tenants, shared parking, and unified architectural and site design. A shopping center normally has single or coordinated ownership-operations- management control and may include out parcels as well as architecturally connected units. "Commercial shopping center" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   COMMERCIAL STORAGE FACILITY: A commercial land use consisting of the rental of fully enclosed interior building space for the storage of personal property (miniwarehouse). An industrial warehouse shall not be considered commercial storage facility. "Commercial storage facility" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   COMMON OPEN SPACE: Land unoccupied by structures, buildings, streets, rights of way, and automobile parking lots and designed and intended for the use or enjoyment of residents of a planned development. Common open space may contain structures for recreational use. No area within thirty feet (30') of any building or structure, except a structure used for recreational use, shall be included as common open space.

   COMMUNITY CENTER: A place, structure, area or other facility used for and providing programs, information and services generally open to the public and designed to accommodate and serve significant segments of the community.

   COMPREHENSIVE PLAN: Extensively developed and evolving plan or any elements thereof, indicating the proposed future development of the village as prepared through the planning commission.

   CONCRETE READY MIX AND ASPHALT PLANT: A plant for the manufacture or mixing of asphalt, concrete, cement, and cement products, including any apparatus and any uses incidental to such manufacturing and mixing.

   CONFORMING BUILDING OR STRUCTURE: Any building or structure which complies with all the regulations of this comprehensive amendment 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.

   CONVENIENCE MART FUELING STATION: A building, property or structure where the direct retail sale of food items such as cereals, grains, produce, baked goods, dairy products, canned and frozen prepared food products, beverages, cleaning supplies, pet food and supplies, household goods, books and magazines, and other sundry items as well as automotive fuels, oils and auto accessories are available to be purchased by the consumer. "Convenience mart fueling station" may also include, as a secondary principal use, a carryout restaurant. "Convenience mart fueling station" shall not include auto body repair establishments, auto filling stations, auto service repair, car washes, or any use of other type that is otherwise listed specifically in a zoning district as a permitted or special use.

   CONVENIENCE RETAIL: A building or portion thereof, generally of small size and character, where the direct retail sale of food items such as meats, cereals, grains, produce, baked goods, dairy products, canned and frozen prepared food products, beverages, cleaning supplies, pet food and supplies, pharmaceuticals, over the counter medicines, personal products, household goods, books and magazines, plants, and other sundry items are available to be purchased by the consumer. "Convenience retail" shall include, but not be limited to, a grocery store, a food and drug store, meat or fish market, fruit and vegetable market, retail bakery, convenience store and other uses similar in nature and impact. "Convenience retail" shall not include a supermarket, grocery mart, or wholesale club store or any use of other type that is otherwise listed specifically in a zoning district as a permitted or special use.

   CONVENTION CENTER: A facility used for service organizations, business and professional conferences, and seminars. The facility may include sleeping, eating, and recreation accommodations.

   COURT: An open unoccupied space other than a yard on the same lot with a building, which is totally or partially enclosed by a building or buildings and is completely open to the sky.

   CREMATION: The act of reducing corpses to ashes by burning in a furnace.

   CREMATORIUM: A building containing properly installed, certified apparatus intended for use in the act of cremation.

   CUBIC YARDS: The amount of material in excavation and/or fill measured by the method of "average land areas".

   CULTURAL CENTER: A facility which provides visual and literary arts and other cultural services to the public, including, but not limited to, facilities such as museums and art galleries, by a public or private organization.

   CURB LEVEL: The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the levels of the curbs at the center front of each street. Where no curb elevation has been established, the level of the centerline of the street shall be considered the "curb level".

   DELICATESSEN: An establishment where food is sold for consumption off premises and includes no counters, tables, or chairs designated for the consumption of food on site.

   DENSITY, GROSS: The numerical value obtained by dividing the total dwelling units in a development by the gross area of a tract of land upon which the dwelling units are located. Gross area shall be calculated by including into the total acreage of the development those areas to be utilized as private streets, open space or common areas, and those areas dedicated as streets, driveways and parking areas, as well as dedicated lands counted towards park land donations or for retention and/or detention purposes.

   DENSITY, NET: The numerical value obtained by dividing the total dwelling units in a development by the net area of a tract of land upon which the dwelling units are located. Net area shall be calculated by reducing from the total acreage of the development those areas dedicated as streets, driveways and parking areas, as well as dedicated lands counted towards park land donations or for retention and/or detention purposes. Other open space or common areas shall be included in the calculation of net density.

   DEVELOPMENT REVIEW: Shall consist of site plan review, zoning certificates, special use permits, planned developments, variations, amendments to the ordinance or map, and appeals from administrative determinations as provided in this title.

   DISTRIBUTION CENTERS: A warehouse type building where goods are received and/or stored for delivery to the ultimate customer at remote locations.

   DISTRIBUTION FACILITY: A building, area, or portion thereof designed to accommodate large scale trucking operations, including local, intrastate, or interstate motor carriers, for the transfer, loading and unloading of goods. "Distribution facility" may include facilities for the temporary storage of loads prior to shipment.

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

   DORMITORY: A building or portion thereof that contains living quarters for students, staff, or members of an accredited college, university, boarding school, theological school, hospital, religious order, or comparable organization; provided that said building is owned or managed by said organization and contains not more than one cooking and eating area.

   DRIVE-THROUGH FACILITY: An accessory facility, structure or portion thereof that is designed, intended or used for transacting business with customers located in motor vehicles. "Drive-through facility" shall not include an automobile filling station or any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   DWELLING: A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two- family dwelling units, and multiple-family dwelling units, but not including hotels, boarding or lodging houses.

   DWELLING, APARTMENT: One or more rooms in an apartment building, or combination apartment and commercial building, arranged, intended or designed or occupied as a dwelling unit of a single- family, an individual, or a group of individuals.

   DWELLING, ATTACHED (GROUP, ROW, OR TOWN HOUSES): A dwelling containing two (2) or more dwelling units and joined to other dwellings by party wall or walls, originally constructed for said purposes.

   DWELLING, CONVERTED: Any building which was originally designed and constructed as one-, two-, or three-family dwelling, but which has been changed or altered by the construction of additional dwelling units to provide for more families than the original building.

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

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

   DWELLING, GROUND FLOOR AREA: The first floor area in square feet measured from the outside of the exterior walls but excluding cellars, basements, open porches, breezeways, garages, and other infrequently used spaces.

   DWELLING, MULTIPLE-FAMILY: A building containing two (2) or more attached dwelling units that share a common wall.

   DWELLING, SEMIATTACHED: A dwelling which is joined to another dwelling by a garage, carport, recreation structure, or other nonresidential facility.

   DWELLING, SINGLE-FAMILY: A dwelling containing accommodations for and occupied by only one family.

   DWELLING, TWO-FAMILY: A building designed exclusively for occupancy by two (2) families living independently of each other.

   DWELLING UNIT: One or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.

   ESSENTIAL SERVICES: Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, weirs, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, etc., but not including buildings that do not need to be in the immediate area of the uses they service.

   EXCAVATION: Any act by which organic matter, earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed and shall include the conditions resulting therefrom.

   EXISTING GRADE: The vertical location of the existing ground surface prior to excavation or filling.

   EXTERIOR ARCHITECTURAL FEATURE: The architectural style, design, general arrangement and components of all of the outer surfaces of an improvement, as distinguished from the interior surfaces enclosed by said exterior surfaces, including, but not limited to, the kind of building materials and the type and style of all windows, doors, lights, signs and other fixtures are pertinent to such improvement.

   FEMA: Federal emergency management agency.

   FAMILY: For the purposes of this chapter and the zoning regulations of the Village of Mokena, the term “family” is defined as one or more persons each related to the other by blood, marriage, or adoption and maintaining a common household.

   FARM: Land being used for agricultural purposes.

   FARM HOMESTEAD: The building located on a farm that is the residence of the farm owner or tenant operator.

   FARM OWNER: The person operating a farm or holding title to the farmland.

   FARM, RESEARCH, OR EXPERIMENTAL: An agricultural use, including buildings and land, for the purpose of obtaining new knowledge in agricultural processes and procedures.

   FEEDLOT, COMMERCIAL: A structure or area in which twenty five (25) or more units of livestock per acre are confined for a limited period of time prior to being shipped to market. One unit shall be equivalent to one head of cattle, seven (7) hogs, nine (9) sheep, and one hundred forty (140) chickens.

   FENCE: Any construction of wood, metal, wire mesh, masonry, or other material erected for the purpose of assuring privacy, protection, or restraining animals.

   FENCE, CLOSED: A fence, including gates, which conceals from view from adjoining properties, streets, or alleys, activities conducted behind it.

   FENCE, OPEN: A fence, including gates, which has, for each one foot (1') wide segment extending over the entire length and height of the fence, sixty percent (60%) of the surface area in open spaces which afford a direct view through the fence.

   FILL: Any act by which earth, sand, gravel, rock, or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved by man to a new location and shall include the conditions resulting therefrom.

   FINANCIAL INSTITUTION: A building, property or activity, the principal use or purpose of which is the provision of financial services, including, but not limited to, banks, credit unions, savings and loan institutions, and mortgage companies. "Financial institution" shall not include any use or other type of institution that is otherwise listed specifically in a zoning district as a permitted or special use.

   FIREARMS AND AMMUNITION SALES AND REPAIR: Any person or entity engaged in: a) the businesses of transporting, shipping and receiving firearms and firearms ammunition, as defined in 430 Illinois Compiled Statutes 65/1.1 for the purpose of sale or distribution; b) selling firearms or firearms ammunition at wholesale or retail; c) repairing firearms or the making or fitting of special barrels, stocks, or triggering mechanisms to firearms and operating under the provisions of the applicable local, state and federal licenses.

   FLOOD FRINGE: Consists of that portion of the floodplain outside the floodway and in which the function is essentially that of slow moving or storage of floodwater.

   FLOOD HAZARD AREA: Those areas defined as flood hazard areas, without specifics, on the FEMA flood insurance maps or those areas where flood elevations have been determined but for which no regulatory flood elevations or floodway have been accepted by the village.

   FLOOD PROTECTION ELEVATION: That elevation to which land or structures are elevated or floodproofed as required by the village to provide protection from flooding. Also see definition of Regulatory Flood Elevation.

   FLOODPLAIN: That portion of land adjacent to a body of water which is covered with water when the body of water overflows its banks at flood stages and/or also such adjacent land whose surface elevation is lower than the regulatory flood elevation established within this title.

   FLOODWAY: The deeper parts of the total floodplain, including the trench or channel and adjoining parts which are reasonably required for the downstream movement of floodwater or flood flows as distinguished from the shallower parts of the floodplain where the speed of flow or current is lessened by the friction of bottom materials and growth. Those portions of the floodplain which are reasonably required to convey the 100-year flood flow as defined by FEMA in the flood insurance study. In those flood hazard areas where no floodway has been defined, the entire floodplain or flood hazard area shall be assumed to be floodway.

   FLOOR AREA (For Determining Floor Area Ratio): 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 the basement floor area when more than one-half (1/2) of the basement height is above the established curb level, off street parking space, elevator shafts and stairwells, and each floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of seven feet ten inches (7'10") or more, interior balconies, mezzanines, enclosed porches, and floor area devoted to accessory uses.

   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 the height of such structures in feet; ten feet (10') in height shall be deemed to be equal to one floor (if a structure measures more than 5 feet over such floor equivalent, it shall be construed to have an additional floor).

   FLOOR AREA (For Determining Off Street Parking And Loading Requirements And Minimum Dwelling Unit Size): The gross floor area taken from the outside walls of the building.

   FLOOR AREA, LIVABLE: Floor area, as measured to the inside of outside walls or the interior side of common partition walls, in a structure specifically designed to be used for living, sleeping, eating, cooking, bathrooms, toilet departments, closets, hallways, storage, or utility. Garages and the floor area of stories below grade shall not be considered as livable floor area.

   FLOOR AREA RATIO (FAR): 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 of the building or buildings on the lot.

   FRONTAGE: All the 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 all of the property abutting on one side between an intersecting street and the dead end of the street.

   FUNERAL HOMES: A building used for the preparation of the deceased for burial, display of the deceased prior to burial or cremation and rituals connected therewith. A funeral home, as defined for purposes of this code, includes a funeral chapel. Excludes crematoriums.

   GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building that is intended for and used for storing the privately owned motor vehicles, boats, and trailers of the family or families residing upon the premises, and in which no business, service or industry connected directly or indirectly with motor vehicles, boats and trailers is carried on, nor any other commercial activity not permitted as a home occupation.

   GOVERNMENT BUILDING: A building or structure owned and operated by a municipal, state, federal, or other taxing body institution in which governmental services are provided or conducted.

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

   GRADE, STREET: See definition of Curb Level.

   GRADING: Excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.

   GREENHOUSES/NURSERIES: Establishments where flowers, shrubberies, vegetables, trees, and/or other horticultural and floricultural products are grown in either open or enclosed buildings.

   GROCERY, RETAIL: A building or portion thereof where the direct retail sale of food items such as meats, cereals, grains, produce, baked goods, dairy products, canned and frozen prepared food products, beverages, cleaning supplies, pet food and supplies, pharmaceuticals, over the counter medicines, personal products, household goods, books and magazines, plants, and other sundry and similar items are available to be purchased by the consumer. "Grocery, retail" shall include, but not be limited to, grocery stores, supermarkets, meat or fish markets, fruit and vegetable markets, and other uses similar in nature and impact. "Grocery, retail" shall not include any use of other type of establishment that is otherwise listed specifically in a zoning district as a permitted or special use.

   HEAVY MANUFACTURING AND INDUSTRIAL ACTIVITIES: The manufacturing or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter, explosive materials, or result in noise, dust, and/or vibration. These activities may include outdoor operations as part of their manufacturing process.

   HEIGHT OF BUILDING: The vertical distance measured between the average finished grade at the sides around the building to the elevation of the highest point of coping of a flat roof or to the highest point of a mansard roof or to the average height between the eaves and ridge of a gable, gambrel, or hip roof.

   HOME CHILDCARE: A home occupation where a family home is used to receive not more than six (6) children for care during any part of the day not exceeding twelve (12) hours in any twenty four (24) hour period. The maximum six (6) children includes the family's natural or adopted children under the age of eighteen (18) and those children who are in the home under full time care.

   HOME OCCUPATION: An accessory use of a dwelling unit that is used for a gainful activity involving the provision, assembly, processing or sale of goods and/or services that is incidental and secondary to the use of a dwelling unit, but excluding the provision of shelter or lodging.

   HOSPITAL: An institution where sick or injured persons are given medical care and, may in the course of the same, be housed overnight, fed, and provided nursing and related health services. This definition shall not include drug rehabilitation facilities, halfway houses, convalescent or nursing homes, institutions for mentally ill individuals, or other similar facilities.

   HOTEL: A building in which lodging is offered with or without meals to transient guests and provides a common entrance, lobby, halls and stairways. A transient guest is a person whose permanent residence for legal purposes is somewhere other than the hotel.

   INDOOR AMUSEMENT AND ENTERTAINMENT: A public or private facility that provides indoor entertainment including, but not limited to, video arcades, virtual reality games, and mechanical rides.

   JUNKER: An automobile, truck, or other motor vehicle which has been damaged to such an extent that it cannot be operated under its own power and will require major repairs before being made usable or such a vehicle which does not comply with state or county laws or ordinances.

   KENNEL: Any premises or portion thereof on which more than a combined total of three (3) dogs, cats or other domestic animals or pets over six (6) months of age are kept for the purpose of sale; or where any number of animals are cared for in return for remuneration.

   LABORATORIES, RESEARCH: A facility for scientific laboratory research in technology intensive fields. Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transfer, and radiation research facility.

   LABORATORIES, SERVICE: A facility for scientific laboratory analysis of natural resources, medical resources or manufactured materials.

   LANDMARK: Any improvement, which has a special historical, community or aesthetic interest or value as part of the development, heritage or cultural characteristics of the village, state or nation and which has been designated by the village board as a landmark pursuant to the provisions of this title.

   Landmarks include improvements which reflect or exemplify the cultural, political, spiritual, economic, social or artistic history of the village, state or nation, or which are identified with historic personages or with important events in local, state or national history, or which embody the distinguishing characteristics of an architectural specimen, inherently valuable for a representation of a period, style or method of construction, or a notable work of construction, or a notable work of a master designer or architect.

   LEASING/RENTAL AGENTS, EQUIPMENT: A contractual agreement by which an owner of equipment (a lessor) gives the right of possession to another (a lessee) for a specified period of time (term) and for a specified consideration (rent).

   LEASING/RENTAL AGENTS, VEHICLES: A contractual agreement by which an owner of vehicles (a lessor) gives the right of possession to another (a lessee) for a specified period of time (term) and for a specified consideration (rent).

   LESSER FLOODWATER RUNOFF CHANNEL: That portion of a drainage system which lies upstream from the main channel and which is generally subject to intermittent flows. They are generally indicated on the USGS hydrological atlas maps, and serve a tributary area of sixty (60) acres or more. Drainage below the level of a lesser channel is generally by means of a storm sewer.

   LIMITED ACCESS HIGHWAY: A traffic way, including expressways and toll roads for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such traffic way.

   LIQUOR STORE: An establishment that sells packaged liquor to the public for consumption off site. Packaged sales do not include distribution or wholesale sales.

   LIQUOR STORE (ON-SITE CONSUMPTION): An establishment that sells packaged liquor to the public for consumption both off-site and under specified conditions on-site upon issuance of the required liquor license.

   LOADING AND UNLOADING SPACE, OFF STREET: An open hard surfaced area of land, other than a street or public way, the principal use of which is for the standing, loading, and unloading of motor trucks, tractors, and trailers. Such space is not less than ten feet (10') in width, thirty five feet (35') in length, and fourteen feet (14') in height, exclusive of access aisles and maneuvering space.

   LOT: A legally divided area or portion of land five (5) acres or less in size under single ownership or control that is intended to be occupied by one use, group of uses, one main building, or structure. Within all districts, all lots shall be lots of record when less than five (5) acres in size as required by and in conformance with the Village subdivision and plat ordinance and the State Plat Act.

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

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

   LOT COVERAGE: The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

   LOT DEPTH: The mean horizontal distance between front and rear lot lines measured within the lot boundaries.

   LOT, DOUBLE FRONTAGE: A lot other than a corner lot having frontage on two (2) or more streets. An alley shall not be considered a street.

   LOT FRONTAGE: The horizontal distance between the side lot lines measured along the front lot line.

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

   LOT LINE: See definition of property line.

   LOT LINE, FRONT: The front property line of a zoning lot, abutting or within a street. On a corner lot, the front lot line shall be the lot line having the shortest dimension along the street right-of-way line.

   LOT LINE, INTERIOR: A lot line common with another lot.

   LOT LINE, REAR: The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line.

   LOT LINE, SIDE: Lot lines other than front or rear lot lines.

   LOT OF RECORD: A lot which is a part of a subdivision, the plat of which has been legally recorded, or land which has a parcel index number within the village at the time this title is adopted.

   LOT, REVERSED CORNER: A corner lot at right angles or approximately right angles to the general pattern of the area, the street side lot line of which is substantially a continuation of the front lot line to the rear. The rear of the corner lot is adjacent to the side of another lot, whether across an alley or not.

   LOT WIDTH: The horizontal distance between side lot lines, or between the side lot line and the lot line adjoining a street of a corner lot, measured along the required minimum building setback line created by the front yard requirement of the district in which the lot is located.

   LOT, ZONING: A parcel of land, composed of one or more recorded lots or a parcel of land described by metes and bounds that is of sufficient size to meet the minimum requirements of this title concerning use, coverage, width, area, yards, or other requirements of this title and having frontage on an improved public street, and which is designated by its owner or developer as a tract of land to be used, developed, or built upon as a unit, under single ownership or control. A "zoning lot" may or may not coincide with the definition of a "lot of record".

   MAJOR APPLIANCE SALES AND SERVICE: A facility which sells and services nonportable equipment used for domestic functions, including, but not limited to, washers, dryers, refrigerators, freezers, and stoves.

   MANUFACTURED HOME: A dwelling which is fabricated in one or more modules at a location other than the homesite by assembly line production techniques or by other construction methods unique to an off site manufacturing process which bears a seal certifying it was built in compliance with the federal manufactured housing construction and safety standards law of 1974 (42 USC 5401 et seq.) and which was constructed after January 1, 1981, and exceeds nine hundred fifty (950) square feet of main floor area exclusive of garages, carports, and open porches and exceeds twenty three feet (23') in width and which is attached to a permanent foundation.

   MANUFACTURING, HEAVY: The assembly, fabrication or processing of goods and materials using processes that ordinarily have greater than minimal impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, visual impact, odors, glare, or health and safety hazards, or that otherwise do not constitute "light manufacturing". Heavy manufacturing generally includes processing and fabrication of large or bulky products made from extracted or raw materials or products involving flammable or explosive materials and processes that require extensive floor areas or land area for the fabrication and/or incidental storage of the products. "Heavy manufacturing" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   MANUFACTURING, LIGHT: The assembly, fabrication or processing of goods and materials using processes that 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, where such processes are housed entirely within a building. Light manufacturing generally includes processing and fabrication of finished products predominantly from previously prepared materials and includes processes that do not require extensive floor areas or land areas. "Light manufacturing" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   MANUFACTURING SERVICE ESTABLISHMENT: A building, property, or activity of which the principal use or purpose is the provision of industrial support oriented services directly to manufacturing establishments. This term shall include, but will not be limited to, tool shops, machine repair and service shops, blade sharpening shops and similar establishments. "Manufacturing service establishments" shall not include any use or other type of establishment that is otherwise listed specifically in a zoning district as a permitted or special use.

   MARQUEE OR CANOPY: A rooflike structure of a permanent nature that projects from the wall of a building and, in some cases, overhangs the public way.

   MASSAGE THERAPY: The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, by hand, by a massage therapist, licensed by the state of Illinois.

   MEDIA BROADCAST STATIONS: A building or portion thereof used for the production and broadcast of media related programming. This term shall include, but will not be limited to, radio and television broadcasting stations and other uses similar in nature and impact.

   MEDIA PRINT ESTABLISHMENTS: A building or portion thereof used for the production and distribution of newspapers, periodicals, magazines, journals, or other print media forms. "Media print establishments" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   MEDICAL MARIJUANA CULTIVATION FACILITY: A facility operated by an organization or business registered by the department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis in accordance with the laws of the state of Illinois.

   MEDICAL MARIJUANA DISPENSING FACILITY: A facility operated by an organization or business registered by the department of financial and professional regulation to acquire medical cannabis from a registered medical cannabis cultivation facility for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients in accordance with the laws of the state of Illinois.

   MEMBERSHIP ORGANIZATION: Lands, buildings, or portions of premises owned or operated by an organization of professional, business, trade, civic, social, fraternal, political, or religious nature operating on a membership basis and engaged in promoting the interest of their members. "Membership organizations" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   MOBILE HOME: A movable or portable unit, which is eight (8) body feet or more in width and is thirty two (32) body feet or more in length, and constructed to be towed on its own chassis (comprised of frame and wheels) from the place of construction to the location or subsequent locations, subject to the provisions of chapter 15 of the Illinois vehicle code, and designed to be used without a permanent foundation and connected to utilities for year round occupancy with or without a permanent foundation. The term shall include: a) units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity, and b) two (2) units composed of two (2) or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing. The term shall include units designed to be used for residential, commercial, educational, or industrial purposes, excluding, however, recreational vehicles.

   MOBILE HOME PARK: A parcel or tract of land developed with facilities for locating three (3) or more "mobile homes", provided each mobile home contains a kitchen, flush toilet, shower or bath and that such mobile home park shall be for use only by nontransient dwellers remaining continuously for more than one year, whether or not a charge is made. It shall not include a sales lot in which motor vehicles or unoccupied trailers are parked for the purpose of inspection or sale.

   MOTEL: A building or group of buildings in which lodging is offered with or without meals to transient guests where access to the sleeping accommodations is directly from the outside. A transient guest is a person whose permanent residence for legal purposes is somewhere other than the motel.

   MOTOR HOME, MINI-MOTOR HOME OR VAN CAMPER: A self-contained motor vehicle, not used commercially, designed, or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk-through access to the living quarters from the driver's seat.

   MOTOR VEHICLE: Any passenger vehicle, truck, tractor, tractor trailer, trailer, or semitrailer propelled or drawn by mechanical power.

   MOTOR VEHICLE SALES: An establishment, the principal use or purpose of which is the sale of motorized vehicles, including, but not limited to, the sale of automobiles, trucks, recreation vehicles, snowmobiles, boats, and motorcycles. "Motor vehicle sales" shall include accessory body and service repair areas. "Motor vehicle sales" shall not include any use otherwise listed specifically in a zoning district as a permitted or special use.

   MOTOR VEHICLE SERVICE REPAIR: A building, property, or activity the principal use of which is the repair or replacement of parts, oils, coolants, lubricants, tires, and other similar services. "Motor vehicle service repair", shall include, but is not limited to, muffler shops, oil change shops, car care centers, tire centers and other uses similar in nature and impact. "Motor vehicle service repair" shall not include an auto body repair establishment, car washes, or any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   MUNICIPAL BUILDINGS AND FACILITIES: A municipal building or facility utilized in the operation of local government. Municipal buildings and facilities shall include, but not be limited to, office space for the operation of administrative functions, police, fire, public works, emergency services, disaster relief, municipal parking lots, garages, and storage facilities, wastewater treatment facilities, municipal wells and enclosures and lift stations.

   NONCONFORMING BUILDING OR STRUCTURE: A building or structure or portion thereof lawfully existing at the time of adoption of this title or amendment thereto, which:

      A.   Was designed, erected, or structurally altered for a use that does not conform to the use regulations of the district in which it is located.

      B.   Does not comply with the bulk and other requirements of this title in the zoning district in which the building or structure is located.

   NONCONFORMING USE: A use which lawfully occupies a building or land at the time of adoption of this title, or amendment thereto, and which does not conform with the use regulations of the district in which it is located.

   NURSING HOME: A private residential institution equipped to provide maintenance and nursing care to persons unable to care for themselves, such as the aged or chronically ill.

   OFF TRACK BETTING FACILITIES: Any facility licensed by the Illinois racing board authorized to accept wagers under the Illinois horse racing act of 1975 with respect to the outcome of a simultaneously televised horserace taking place off site at a licensed racetrack.

   OFFICE: A use or structure where business or professional activities are conducted and/or business or professional services are made available to the public, including, but not limited to, tax preparation, accounting, architecture, legal services, medical clinics and laboratories, dental laboratories, psychological counseling, real estate and securities brokering, and professional consulting services, but not including drive- through service windows, the cutting and styling of hair, or recreational facilities or amusements. "Office" shall not include any use that is otherwise specifically in a zoning district as a permitted or special use.

   OUTDOOR AMUSEMENT AND ENTERTAINMENT: A public or private facility that provides outdoor entertainment including, but not limited to, water slides, water parks, go-cart tracks, miniature golf, batting cages and mechanical rides and games.

   OWNER: Any individual, firm, or corporation having a possessory interest entitled to exclusive possession in land, buildings, or possessions.

   PARCEL: A track or plot of contiguous land held in one ownership.

   PARKING LOT: Public or private land intended for the use as a facility for parking motor vehicles. Parking may be with or without fee.

   PARKING SPACE, AUTOMOBILE: Space within a public or a private parking area of not less than one hundred eighty (180) square feet, nine feet by twenty feet (9' x 20'), exclusive of access drives, for the storage of one passenger automobile or commercial vehicle under one and one-half (11/2) tons' capacity.

   PARKS: An area of land open to the public set aside for recreation and leisure, which may be owned and managed by a municipality, a state, a nation, or in some cases by private organizations, or held by royal grant.

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

   PAWNSHOP: A facility (other than a bank, saving and loan or mortgage banking company) used for the business of lending money on the security of pledged goods or for the business of the purchase of tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.

   PERMANENT OPEN SPACE: A compact and contiguous land area that is designed for educational, religious, recreational, or institutional purposes, or such land which is recommended for such designation by the village at or before the time of approval of a subdivision or planned development.

   PERMITTEE: Any person to whom a permit is issued.

   PERSON: Any person, firm, or corporation, public or private, the state of Illinois and its agencies or political subdivisions, and the United States Of America, its agencies and instrumentality, and any agent, servant, officer, employee of any of the foregoing.

   PERSONAL SERVICES ESTABLISHMENT: A building, property, or activity, the principal use or purpose of which is the provision of personal services directly to the consumer. The term "personal services establishment" shall include, but not be limited to, barbershops, beauty parlors, laundry and dry cleaning establishments, tailoring shops, massage therapy, shoe repair shops and the like. "Personal services establishment" shall not include any use or other type of establishment that is otherwise listed specifically in a zoning district as a permitted or special use.

   PHARMACY/DRUGSTORE: A place where prescription drugs and/or medicines are prepared and dispensed at retail.

   PLACES OF WORSHIP: A church, synagogue, temple, meeting house, mosque, or other place of religious worship, including any accessory use of the structure, such as a school, childcare center or dwelling.

   PLANNED UNIT DEVELOPMENT: A development occurring on a parcel under single ownership or unified control which is developed as a unit and includes two (2) or more principal buildings or uses, and is processed under the planned development procedure of this title.

   PLANNED UNIT DEVELOPMENT PLAT: A drawing or map made to a measuring scale upon which is presented a description and definition of the way in which the design requirements of the planned development are to be met and intended for recording with the county recorder of deeds.

   POOL HALL/BILLIARD ROOMS: A commercial entertainment establishment whose primary purpose is the use and/or rental of one or more pool or billiard tables.

   PORCH: A roofed over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.

   POST OFFICE: A facility authorized by the United States postal service for the posting, receipt, sorting, handling, transmission or delivery of mail.

   POWER PLANT: A heavy industrial facility for the purposes of producing, generating, transmitting, delivering, or furnishing electrical power.

   PRIVATE SCHOOL AND DAYCARE FACILITY: A private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Illinois school laws, including prekindergarten, kindergarten, elementary and junior high schools, and which also offers part time supervision and care of children through the age of fourteen (14) years, which shall not engage or regularly use school buses to transport children to and from school and in which parents/guardians drop off and pick up their children at intermittent intervals.

   PROPERTY LINE: An imaginary line at the edge or boundary of a "zoning lot" or a line at the boundary of a lot of record.

   PUBLIC OPEN SPACE: A publicly owned area including, but not limited to, the following: parks, playgrounds, forest preserves, waterways, parkways, and streets.

   PUBLIC TRANSPORTATION CENTER: A building or portion thereof used as a terminus for rail or bus passenger service. This term shall include, but not be limited to, train and bus stations and other uses similar in nature and impact. "Public transportation center" shall not include maintenance barns, rail yards, or any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   PUBLIC UTILITIES: A building or portion thereof used for providing, monitoring, and housing utilities for public consumption or use. This term shall include, but not be limited to, operations providing water, sewer, gas, public works facilities, and other uses similar in nature and impact. "Public utilities" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   PUBLIC UTILITY: Any person, firm, or corporation duly authorized to furnish, under regulation, to the public, cable television, electricity, gas, steam, telephone, telegraph, transportation, water, or sewerage systems.

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

   RAILROAD FREIGHT STATIONS: A heavy rail facility for freight pick up or distribution; may include intermodal distribution facilities for truck and shipping transport.

   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.

   RAILROAD YARDS: An area of land, a portion of which is covered by a system of tracks, that provides for the storing, sorting, loading/unloading of railroad cars and/or locomotives by one or more railroad companies or private industry.

   RECREATIONAL VEHICLE SALES: The sale of any vehicle primarily used for enjoyment including, but not limited to, a motor home, recreational vehicle, camper, trailer, dune buggy, all-terrain vehicle, and/or watercraft.

   REGULATORY FLOOD ELEVATION: The elevation published by FEMA in the flood insurance study for the village, or unincorporated county lands, the best available information for the area acceptable to the village.

   REMOTE COLLECTION FACILITIES (DROP BOXES): A container used for the collection of goods and recyclables. Remote collection facilities shall not include individual recycling containers designed to collect recyclables from a single home or business.

   RESEARCH AND DEVELOPMENT INDUSTRIES: A building, property, or structure 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 building, property or structure. "Research and development industries" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   RESIDENTIAL CARE HOME, LARGE: A residential care home for six (6) to ten (10) persons, exclusive of staff, who require assistance and/or supervision and who reside together in a family type environment as a single housekeeping unit.

   RESIDENTIAL CARE HOME, SMALL: A residential care home for five (5) or fewer persons, exclusive of staff, who require assistance and/or supervision and who reside together in a family type environment as a single housekeeping unit.

   RESIDENTIAL CARE HOMES: A dwelling unit shared by unrelated persons, exclusive of staff, who require assistance and/or supervision and who reside together in a family type environment as a single housekeeping unit. "Residential care home" shall not include a home for persons who are currently addicted to alcohol or narcotic drugs nor are criminal offenders serving on work release or probationary programs.

   RESTAURANT: An establishment whose principal business is the sale of edible, prepared foodstuffs and/or beverages for consumption on or off the premises. Restaurants are further defined by class as follows:

   A.   Class A restaurants are those restaurants whose design or principal method of operation includes any two (2) of the following characteristics:

      1.   Customers are provided with an individual menu, are served their food or beverages by waitstaff, in nondisposable containers, at the same table at which such items are consumed.

      2.   Cafeteria type operations where foods or beverages are generally consumed within the restaurant building.

      3.   Carryout service is not the predominant type of service available.

   B.   Class B restaurants are those restaurants not falling within the classification of class A and having characteristics of offering food service over a counter or through a drive-through facility, having a limited menu of items already prepared and held for service, or prepared, fried, or grilled quickly, or heated in a microwave oven.

   RETAIL GOODS ESTABLISHMENT: A building, property, or activity, the principal use or purpose of which is, the sale of goods, products, or merchandise directly to the consumer. "Retail goods establishment" shall include, but not be limited to, department stores, hardware stores, apparel stores, art galleries, and other uses similar in nature and impact. "Retail goods establishment" shall not include any use or other type of establishment that is otherwise listed specifically in a zoning district as a permitted or special use.

   SALVAGE YARD: An open area where discarded, used, or secondhand materials including motorized vehicles and buses are bought, sold, exchanged, stored, baled, packed, disassembled, or handled including, but not limited to, scrap iron, other metals, paper, rags, rubber tires, auto parts, and glass. All related activities, including accessory activities shall be conducted on the zoning lot. "Salvage yard" includes wrecking yards, but does not include landfills, waste transfer stations, motor vehicle sales, motor vehicle service repair, auto filling station establishments and vehicle storage establishments, or uses carried on entirely within enclosed buildings. In addition, "salvage yard" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   SANATORIUM: An establishment retreat or an institution for the therapy, rehabilitation, recuperation and treatment of persons suffering from mental disorders.

   SCHOOLS, ELEMENTARY, HIGH SCHOOL, AND COLLEGES: A private or publicly owned institution providing full time or part time education, including any lodging rooms or housing for students or faculty.

   SCHOOLS, VOCATIONAL: A school established to provide for the teaching of industrial skills.

   SELF-STORAGE FACILITY: A building or portion thereof used for the storage of personal goods and/or materials.

   SEMI-TRUCK: The combination of a tractor unit and one (1) or more trailers.

   SEXUALLY ORIENTED BUSINESS: As defined in section 3-14-2 of this code.

   SHOOTING GALLERY/GUN RANGE, INDOOR: An enclosed facility, public or private, specifically for the purpose of providing a place in which to discharge various types of firearms, air guns and/or archery equipment at designated targets and designed to contain all projectiles fired within the confines of the building. Auxiliary training and instructional classroom facilities may also be provided as well as retail sales of firearms, ammunition and associated products upon proof of applicable local, state and federal licensure.

   SIGN: A name, identification, description, display, or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, project, place, activity, person, institution, organization, or business.

   SIGN, ADVERTISING (BILLBOARD): A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed.

   SIGN, DYNAMIC DISPLAY: Any element of a sign or sign structure capable of displaying words, symbols, figures, images or messages that can be electronically or mechanically changed by remote or automatic means. This also includes any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows a sign to present a series of images, messages or displays.

   SIGN, FLASHING: Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times when such sign is in use. For the purpose of this title, any revolving, illuminated sign 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 and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign with two (2) visible surfaces, the gross surface area shall be the sum of all sides of the sign.

   SIGN, IDENTIFICATION: 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.

   SIGN, MONUMENT: A self-supporting sign mounted on or incorporated into a solid base made of brick, masonry or stone the bottom of which is attached directly and permanently to the ground.

   SIGN, NONCONFORMING: Any sign which was lawfully erected in compliance with applicable regulations of the village of Mokena and maintained prior to the effective date hereof, and which fails to conform to all applicable standards and restrictions of this title.

   SIGN, POLE: A sign erected and maintained on a freestanding mast or pole and not attached to any building, or supported by one or more uprights or braces in or upon the ground, but not including monument signs.

   SIGN, POLITICAL: A sign that advertises a candidate or issue to be voted upon on a definite election day.

   SIGN, PORTABLE: 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- or T-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 normal day to day operations of that business.

   SIGN, PROJECTING: A sign which is suspended from or affixed to any building wall or other structure and extends beyond the building wall or parts thereof or structure more than eighteen inches (18").

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

   SIGN, ROOF: A sign that is mounted or painted on the roof of a building, or that is wholly dependent upon a building for support and that projects above the roof. (Roof signs are prohibited.)

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

   SIGN, VEHICULAR: Signs on parked vehicles or boats visible from the public right of way where the primary purpose of the vehicle or boat is to advertise a product or to direct people to a business or activity located on the same or nearby property. For the purpose of this title vehicular signs shall not include business logos, identification or advertising on vehicles primarily used for other business purposes.

   SIGN, WALL: A sign affixed, painted, posted, or placed on a building or structure.

   SIGN, WINDOW: A sign that is applied or attached to or suspended from the exterior or interior of a window or located within the interior of a structure so that its message can be read from the exterior of the structure.

   SMOKING SHELTER: A structure that is not fully enclosed where smoking is permitted in accordance with federal, state and local regulations.

   SPECIAL USE: A specific use of land or buildings, or both, described and permitted herein, subject to special provisions and which, because of its unique characteristics, cannot be properly classified as a permitted use.

   SPECIALTY FOOD STORE: A building or portion thereof where the direct retail sale of prepared food items, either for immediate consumption on premises or to carry out, are available. "Specialty food" items include ice cream and frozen yogurt stores, bakery and bagel shops, coffee and tea shops, confectionery and candy shops, and other stores selling similar items. "Specialty food store" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   STABLE, PRIVATE: A 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.

   STORAGE, OUTDOOR: The outdoor accumulation of vehicles, equipment, or products or materials for permanent or temporary holding.

   STORY: That portion of a building 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. Any portion of a story exceeding fourteen feet (14') in height shall be considered as an additional story for each fourteen feet (14') or fraction thereof.

   STORY, ABOVE GRADE: Any story having its finished floor surface entirely above the surrounding grade, except that a basement shall be considered as a "story, above grade" when the distance from the surrounding grade to the finished surface of the floor above the basement is more than five feet (5') for more than fifty percent (50%) of the total perimeter or more than ten feet (10') for more than twenty five percent (25%) of the total perimeter.

   STORY, BELOW GRADE: Any story that is not a "story, above grade", as defined in this section.

   STORY, HALF: That portion of a building under a gable, hip, or mansard roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four and one-half feet (41/2') above the finished floor of such story. In the case of one-family dwellings, two-family dwellings, and multiple-family dwellings, less than three (3) stories in height, a half story in a sloping roof shall not be counted as a story for the purposes of this title. In the case of multiple-family dwellings three (3) or more stories in height, a half story shall be counted as a story.

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

   STREET LINE: The division line between private property and a dedicated street right of way, usually uninterrupted from corner to corner in any given block.

   STREET, PRIVATE: Any street other than "street, public" as defined in this section.

   STREET, PUBLIC: All property dedicated or intended for public highway, freeway, or roadway purposes or subject to public easements.

   STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such bearing walls or partitions, columns, beams, or girders.

   STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground.

   STUDIOS, ARTISTS, DANCE, AND MUSIC: A school where classes in the various arts including, but not limited to, dance, painting, sculpting, music, and singing are taught.

   SWIMMING POOL: Any structure having a depth of two feet (2') or more at any point, including inflatable or temporary structures, basins, chambers, or tanks containing an artificial body of water for swimming and wading, with or without circulation pumps/filtrate systems, or which is dug into the ground, not to include hot tubs, stormwater, detention ponds, retention ponds, or other bodies of water not specifically designed for swimming.

   SWIMMING POOL, PRIVATE: Any swimming pool, located on private residential property, the use of which is intended for the owner and guests.

   SWIMMING POOL, PUBLIC: Any swimming pool which has been modified, improved, constructed or installed for the purpose of public swimming and includes pools for community use, pools at apartments having five (5) or more living units, clubs, camps, schools, institutions, park and recreation areas, motels, hotels and other commercial establishments.

   TAVERN: An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food and snacks may be made available for consumption on the premises.

   TAX PARCEL: Any lot, block, tract or other piece of real property, whether tax exempt or not, which has been assigned a permanent real estate index number, as shown on the record of the local real estate tax collector.

   TEMPORARY MOBILE SIGN: An advertising device of a nonpermanent type, used principally for commercial purposes.

   TEMPORARY STORAGE CONTAINERS (i.e., PODS): A standardized container, with or without wheels, used for, among other things, the temporary holding or storing of equipment, household goods, personal property and/or materials, or for shipping by aircraft, truck, railroad, ship, or other means of transportation. This includes, but is not limited to, intermodal cargo containers and smaller storage containers often referred to as PODS.

   TENANT OPERATOR: The person, including the family thereof, that is hired to operate a farm, normally not the owner of the farm.

   TERRACE, OPEN AND PATIO: A level plane or platform which, for the purpose of this title, is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet (4') in height above the average level of the adjoining ground.

   THEATER: A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical, or other live performances.

   THEATERS (OUTDOOR): An outdoor area used for dramatic, motion picture, or other performances.

   THROUGH LOT: A lot having its front and rear lot lines on adjacent and substantially parallel streets, otherwise known as a double frontage lot.

   TRADE CONTRACTOR: A building or portion thereof where building and construction trade services are provided to the public. "Trade contractor" shall include, but will not be limited to, contractor offices, including landscaper's showrooms, construction supplies and storage including plumbing, heating, air conditioning, and building equipment, materials, sales, and other uses similar in nature and impact. "Trade contractor" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   TRAILER: A vehicle without motive power used or adaptable for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, and has been recently or may be equipped with wheels or other devices for transporting the structure from place to place. A permanent foundation shall not change its character unless the entire structure is erected in accordance with the village building code.

   TRELLIS: A latticed structure designed specifically for the purpose of supporting leafy vines. No structure shall be considered as a trellis for the purposes of this title unless the plant material typically associated with a trellis is in place.

   TWENTY FOUR HOUR UNATTENDED BUSINESS WITH CONTROLLED ACCESS: A commercial establishment, office, institutional, or industrial use which produces goods, or distributes goods and services, that is not accessible to the general public, and in which customers are granted controlled access at times when the business is unattended by an owner, manager, or designated employee.

   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 development and shall be subject to the control applicable to the planned development.

   UPPERMOST REACH: An open drainage channel intended to serve two (2) or more lots and generally found on private property. It is the first level of common drainage system, and is generally used to convey periodic rainfall to a storm sewer.

   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 zoning ordinance.

   USE, LAWFUL: The use of any 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 enactment of this title or any amendment thereto, for the structure or land that is being examined.

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

   USE, SECONDARY PRINCIPAL: A use, subordinate to the primary use, that is established on a lot or structure subsequent to or at the same time as the primary use but which is not accessory to the primary use.

   USE, TEMPORARY: A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time.

   VALUATION: For the purposes of this title, valuation of a building shall be the assessed valuation, or where no assessed valuation exists, its appraised valuation as converted to assessed valuation.

   VEHICLE TOWING ESTABLISHMENTS: A building, property, or activity, the principal use of which is the retrieving or securing of distressed, disabled, abandoned, or illegally parked motorized vehicles. "Vehicle towing establishments" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

   WAREHOUSE: A building or portion thereof used for the storage of goods and/or materials. This term shall include, but not be limited to, industrial storage facilities, and other uses similar in nature and impact.

   WETLANDS: Areas defined by the army corps of engineers.

   WHOLESALE GOODS ESTABLISHMENT: A building, property, or activity, the use or purpose of which is the sale of goods, products, or merchandise, in bulk quantities to retailers or persons who will in turn sell the goods, products or merchandise directly to the consumer. "Wholesale goods establishment" shall not include any use or other type of establishment that is otherwise listed specifically on a zoning district as a permitted or special use.

   WIND TURBINES: An alternate energy device which converts wind energy by means of a rotor to electrical energy.

   WIRELESS COMMUNICATIONS SERVICE FACILITY: An unmanned facility consisting of antennas, equipment, and equipment storage shelter used for the reception, switching, and/or transmission of wireless telecommunications including, but not limited to, paging, enhanced specialized mobile radio, personal communication services, cellular telephone, and similar technologies. A wireless communication service facility may be either freestanding, roof mounted, or building mounted.

   YARD: An open space on the same zoning lot with a principal building or group of buildings which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

   YARD, FRONT: A yard extending across the full width of the zoning lot in accordance with the yard provisions of this title.

   YARD, REAR: A yard extending across the full width of the rear of the lot between the side yards.

   YARD, SIDE: A yard extending along a side lot line from the front yard to the rear yard.

   ZONING CERTIFICATE: A writing from the zoning official approving a use, operation, or activity.

   ZONING MAP: The map or maps incorporated into this title as a part hereof, designating zoning districts.

   ZONING OFFICIAL: The individual appointed by the President, by and with the consent of the Village Board, to administer and enforce the zoning ordinance of the Village.

(Ord. 2009-O-032, 8-10-2009; amd. Ord. 2011-O-015, 8-8-2011; Ord. 2012-O-033, 12-10-2012; Ord. 2014-O-015, 4-28-2014; Ord. 2014-O-032, 9-22-2014; Ord. 2017-O-013, 4-24-2017; Ord. 2018-O-013, 6-11-2018; Ord. 2019-O-028, 8-26-2019; Ord. 2020-O-020, 10-26-2020; Ord. 2024-O-011, 4-8-2024)