1. Any public place or amusement or public place of business in which more than ten (10) coin operated amusement devices are installed, or where facilities are operated for the purpose of amusement of the patrons on a permanent basis.
2. Any type of adult use, gambling or intertrack wagering facility is specifically excluded from this definition.

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

ANIMAL SHELTER: Any place of business designated to provide for the temporary kenneling of common household pets for the purpose of finding permanent adoptive homes for them.

ANTENNA: Any system of wires, poles, rods, reflecting disks, or similar devices used for transmission or reception of electromagnetic waves external to or attached to the exterior of any building.

ANTENNA ANCILLARY EQUIPMENT: Any type of building, structure, or equipment designed to service an antenna and/or antenna support structure.

ANTENNA SUPPORT STRUCTURE: A structure specifically designed to support an antenna.

APARTMENT: A room or suite of rooms which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen and bathroom facilities permanently installed must always be included for each apartment.

APPEARANCE: See section 12-12-7 of this title.

APPLICANT: A property owner(s) and/or someone with a legal interest in a subject property, who applies for any Village action required by this title. The property owner may authorize someone else to be the applicant, as long as a letter of authorization is provided.

APPURTENANCES: Visible objects to and/or part of buildings and sites.

ARCHITECTURAL CHARACTER: See section 12-12-7 of this title.

ARCHITECTURAL CONCEPT: See section 12-12-7 of this title.

ARCHITECTURAL FEATURE: See section 12-12-7 of this title.

ARCHITECTURAL STYLE: See section 12-12-7 of this title.

AREA: Surface square footage.

ARTERIAL STREET: A public right of way with the highest degree of traffic continuity and serving as a major trafficway for fast or heavy traffic between the various districts of Morton Grove, as shown on the official plan.

ARTIST STUDIOS/ART GALLERIES (may include accessory educational programs): The workroom an artist, as a painter or sculptor, where art gallery shall mean a commercial establishment engaged in the sale, loan and/or display of paintings, sculpture, video art or other works.

ASSISTED LIVING ESTABLISHMENT: A licensed, community based residential care facility where sleeping accommodations are provided in individual units in a homelike setting, for at least twelve (12) unrelated adults, at least eighty percent (80%) of whom are fifty five (55) years of age or older and where assistance is provided with activities of daily living, including personal, supportive, and intermittent health related services available twenty four (24) hours per day. Assisted living establishment does not mean any of the following: a longer term care establishment licensed under the nursing home care act; a hospital or sanatorium; an adult daycare facility; a community living establishment or residence; a supportive residence; a life care establishment; a freestanding hospice establishment, or a shared living establishment; provided, however, that an assisted living establishment may contain a separately licensed subarea dedicated to inpatient hospice care.

ATTRACTIVENESS: See section 12-12-7 of this title.

AUTOMOBILE MINIMART STATION: Any building land area, or other premises or portion thereof, intended to be used for the retail dispensing or sale of petroleum fuel, lubricants, tires, and supplies and offering as an ancillary service the sale of the following categories of merchandise: health and beauty aids; salty snacks; cleaning and paper goods; books, newspapers, and magazines; milk and dairy products; fresh brewed coffee and coffee drinks; soda, water, and similar bottled or canned beverages; and convenience type food in a prepackaged wrapper or container in a ready to consume state. Convenience foods may also include precooked foods such as donuts, bakery items, and limited sandwiches, which may be assembled and/or heated (microwave or toaster oven only) and repackaged for takeout consumption.

AUTOMOBILE OR OTHER MOTOR VEHICLE RENTAL: An open area, other than a street, used for the display of automobiles or other motor vehicles offered for rent to the general public, and where no repair work is done other than incidental.

AUTOMOBILE OR OTHER MOTOR VEHICLE WRECKING YARD: Any area of land where three (3) or more motor vehicles not in running condition, or the parts thereof, are stored in the open and are not being restored to operation, or any land, building, or structure used for the wrecking or storing of such automobiles or parts thereof.

AUTOMOBILE SERVICE STATION (GAS STATION OR FILLING STATION): Any building or portion thereof, or premises used for dispensing or offering for sale at retail automotive fuels or oils having pumps and storage tanks thereon; or where battery, tire, and other similar services are rendered, but only if rendered wholly within lot lines. When dispensing, sale, or offering for sale is incidental to the conduct of automobile repair, the premises are classified as automobile repair. Automobile service stations do not include open sales lots as defined herein.

AUTOMOTIVE BODY SHOP: Any building where automotive vehicles are painted, repaired for body damage including auto glass, rebuilt, or reconstructed. Motor vehicle body shops do not include truck body shops as defined herein.

AUTOMOTIVE REPAIR FACILITY: Any building or portion thereof or premises where battery, tire, and other similar services are rendered to automobiles, vans, pick-ups, motorcycles, and/or all-terrain vehicles (ATV), and similar motorized transportation vehicles, but only if rendered wholly within lot lines. If automotive fuel dispensed, or offered for sale, is incidental to the conduct of automobile repair, the premises are classified as automobile repair. Automotive repair facilities do not include automotive repair beyond mechanical repair and auto glass. Any type of body work shall be considered a motor vehicle body shop. Automobile repair facilities do not include open sales lots or truck repair facilities as defined herein.

AWNING: Any structure or rooflike cover with a frame attached to a building and projecting therefrom.

AXIS: See section 12-12-7 of this title.

BALCONY: An unroofed platform enclosed by a railing or parapet that projects from the wall of a building for the use of the building's occupants and/or for exterior access to living units located above grade.

BAR: A business whose primary function is the sale of alcoholic beverages to be consumed on the premises, but not including restaurants where the principal business is serving food.

BASE FLOOD: See definition of Base Flood in section 12-14-3 of this title.

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


BATHROOM: A room separate from the habitable rooms, offering privacy to any occupant thereof, equipped with a flush water closet, a lavatory basin and a bathtub or shower.

BAY WINDOW: A window located above grade that extends beyond the wall of the building.

BED & BREAKFAST: An owner occupied, single-family or two-family dwelling where short-term lodging and morning meals are provided for compensation.

BEDROOM: A room in a dwelling unit of which the primary use is for sleeping with closable doors affording privacy and with minimum of one built in clothes closet.

BERM: See section 12-12-7 of this title.

BLOCK: A tract of land bounded by but not traversed by streets or other physical barriers on all sides.

BOARD-ON-BOARD FENCE: A fence with boards installed on alternating sides of horizontal members so that when viewed perpendicular there is a one-quarter inch or greater separation between the alternating vertical boards.

BOARD-ON-BOARD FENCE


BOARD OF TRUSTEES: The Village board of trustees of the Village of Morton Grove.

BUFFERING: Any means of protecting abutting properties from the visual or auditory effects of a different or more intense use. "Buffering" may include, but is not limited to, berming, fencing, landscaping, providing greater setbacks or open spaces.

BUILDABLE AREA: That portion of a lot remaining after front, side, and rear yard requirements have been met.

BUILDING: Any structure designed or intended for shelter or enclosure of persons, animals, chattels, or movable property of any kind and which is permanently affixed to the land.

BUILDING COMMISSIONER: The building commissioner, as duly appointed by the Village president and confirmed by the board of trustees of the Village of Morton Grove.

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

BUILDING FOOTPRINT: The ground surface covered by the building mass.

BUILDING HEIGHT: The vertical distance from the grade to the highest point of the roof in the case of a flat roof or shed roof; to the deck line of a mansard roof, and to the mean level of the underside of rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height. (See diagrams.)

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

BUILDING, RESIDENTIAL: A building arranged, designed, used or intended to be used for a residential occupancy by one or more families. Residential buildings include, but are not limited to, the following types:

1. Single-family detached dwellings,
2. Two-family detached dwellings,
3. Single-family attached dwellings, and
4. Multiple-family dwellings.

BUILDING SETBACK LINE: A line, noted on the preliminary plat, of a lot or other parcel of land, designating the required distance between the proposed structure, and property line(s) where construction is prohibited.

BULK: A composite characteristic of a given building as located upon a given lot - not definable as a single quantity, but involving all of the following characteristics:

1. Size and height of building,
2. Location of exterior walls of all levels in relation to lot lines, streets, or to other buildings,
3. Gross floor area of the building in relation to lot area (floor area ratio),
4. All open spaces allotted to the building, and
5. Amount of lot area 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.

CANNABIS BUSINESS ESTABLISHMENT: A cannabis craft grower, cultivation center, dispensing organization, infuser organization, processing organization, transporting organization, or cannabis testing facility per the Cannabis Regulation and Tax Act. A cannabis business establishment shall also include all medical cannabis cultivation centers and dispensaries licensed under the Compassionate Use of Medical Cannabis Program Act (410 ICLS 130/1 et seq.).

CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure, and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act.

CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act. A cannabis cultivation center shall include a medical cannabis cultivation center as defined herein.

CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies to recreational purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act. A cannabis dispensing organization shall include a medical cannabis dispensing organization as defined herein.

CANNABIS INFUSER ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act.

CANNABIS PARAPHERNALIA: Equipment, products, or materials intended to be used for planting, propagating, cultivating, growing, harvesting, manufacturing, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, or otherwise introducing cannabis into the human body.

CANNABIS PROCESSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act.

CANNABIS REGULATION AND TAX ACT: The Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.), as amended from time-to-time, and regulations promulgated thereunder.

CANNABIS TESTING FACILITY: An entity registered by the Illinois Department of Agriculture to test cannabis for potency and contaminants. A cannabis testing facility is not considered a laboratory as defined herein.

CANNABIS TRANSPORTING ORGANIZATION: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act.

CAPACITY IN PERSONS: The maximum number of persons that can occupy a building at any one time with reasonable comfort and safety as determined by applicable Village codes or ordinances.

CAR WASH: Any building or portion thereof, where automobiles are washed, using a conveyor, blower, steam cleaning equipment, or other mechanical device of production line nature.

CARPORT: A roofed automobile shelter with one or more open sides.

CARTAGE SERVICE: An establishment which provides the hauling of large quantities of material for commercial or industrial users.

CATERER: An individual or business establishment providing the processing, preparing and serving of meals or food items for off premises consumption. This definition shall not include any business location where on premises, over the counter, retail sales of food items may occur. A caterer may serve alcoholic liquors for consumption at private functions either on site or off site as an incidental part of food service with an appropriate Village of Morton Grove liquor license.

CELLAR: The portion of a building having one-half (1/2) or more than one-half (1/2) of its clear floor to ceiling height below the average grade of the adjoining ground (see also definition of Basement).

CERTIFICATE OF OCCUPANCY: Official certification that a premises conforms to provisions of the building codes and may be used or occupied.

CERTIFICATE OF ZONING: Official certification that a premises conforms to the zoning provisions of this title and may be used or occupied.

CHARACTER: The composite or aggregate of the characteristics of structures and functions of the area under consideration.

CIRCULATION: The horizontal and vertical movement of people and vehicles through, around or about a space, structure or site.

CLINIC, MEDICAL OR DENTAL: A building or portion thereof, the principal use of which is for offices of an organization of specializing physicians or dentists, or both, and which contains facilities for examination and treatment of patients, but without facilities for overnight lodging.

CLUB OR LODGE: A nonprofit association of persons who are bona fide members paying dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises provided adequate dining room space and kitchen facilities are available.

COHESIVENESS: See section 12-12-7 of this title.

COLLECTOR STREET: A street of considerable continuity which carries traffic from local streets to an arterial street, including the principal entrance streets of a residential development and the principal circulating streets within such development.

COMMERCIAL ART AND PHOTOGRAPHY: An establishment that specializes in the reproduction, framing, and design service of art or photography. Such an establishment may engage in services such as the reproduction, framing, and sale of artworks such as photography, paintings, sculpture, pottery or similar artwork.

COMMERCIAL SERVICES: The business or occupation of doing convenience work for others for a fee with the services performed on site and may include accessory sale of related goods for purchase on site. Examples of commercial service uses include shoe repair, tailor shops, photography studios, photo processing, copy shops, printing services, travel agencies, tax preparation and accounting services, package and postal services, etc.

COMMERCIAL USE: An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee.

COMMERCIAL TUTORING/LEARNING CENTER: A facility offering specific training, tutoring, instruction, or occupational therapy in subjects such as language arts, mathematics, sciences, fine and applied art, or general life skills, such as social and motor skills. Participants have regularly scheduled appointments or group sessions, which typically do not exceed more than 3 hours per session or fifteen hours per week. Such tutoring and learning center programs are supplemental to standard accredited educational programs or school.

COMMERCIAL WIRELESS COMMUNICATION SERVICES: Any type of antenna, antenna support structure and ancillary equipment which is licensed by the FCC to provide advanced wireless communication services. This definition includes, but is not limited to, cellular services, personal communication services, enhanced specialized mobile radio paging services, and other similar technologies.

This definition does not include television/radio transmission antennas, satellite dishes, ham radio operations and residential or commercial receive-only antennas which are regulated by the general antenna requirements set forth in section 12-3-6, "Antennas, Antenna Support Structures And Ancillary Equipment", of this title.

COMMON OPEN SPACE: Part of a parcel which is open and unobstructed except for natural features and permitted accessory uses and structures and which is accessible and usable by all persons who occupy a principal use on that parcel.

COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a familylike environment by a group of unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with disabilities are present at the dwelling and which complies with the zoning regulations for the district in which the site is located. A community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, persons with a history of antisocial behavior, or persons whose reason for placement is substance or alcohol abuse or for treatment of a communicable disease.

COMPATIBILITY: The characteristics of different uses of activities that permit them to be located near each other in harmony and without conflict. Some elements affecting compatibility include intensity of occupancy as measured by dwelling units per acre; floor area ratio; pedestrian or vehicular traffic generated; parking required; volume of goods handled; and such environmental effects as noise, vibration, glare, air pollution, erosion, or radiation.

CONFORMANCE: Corresponding and compliant in form, character and intent.

CONTIGUOUS: See definition of Abut/Adjoining.

CONVENIENCE STORE: A building or portion thereof, less than three thousand six hundred (3,600) square feet, where the direct retail sale of food items such as prepackaged meats, cereals, produce, baked goods, dairy products, canned and frozen prepared food products, beverages, cleaning supplies, pet food and supplies, over the counter medicines/pharmaceuticals, personal products, household goods, books and magazines, plants, and other sundry items are available to be purchased by the consumer. "Convenience store" shall not include a supermarket, grocery mart, or wholesale club store or any use of other type that is otherwise listed specifically in this zoning ordinance as a permitted or special use.

CORPORATE AUTHORITIES: The board of trustees of the Village of Morton Grove, Illinois.

COVENANT: A private or public written agreement relating to the use of, restrictions of, interest in, or right to real property.

CUL-DE-SAC: A local street having one open end and being permanently terminated at the other by a vehicular turnaround.

DAYCARE, ADULT: A facility that provides accommodations and supervision and personal care services for more than five (5) adults that are not related and not mentally challenged, limited to the hours of six o'clock (6:00) A.M. to eight o'clock (8:00) P.M., and which meets all the criteria and requirements that are set forth by the joint committee on administrative rules, administrative code title 89, "Social Services", chapter II, "Illinois department On Aging", part 240, "Community Care Program".

For purposes of this definition, the term "mentally challenged" shall have the same meaning as prescribed by the Illinois department on aging.

DAYCARE CENTERS: A building where care, protection, and supervision are provided on a regular schedule at least twice a week to at least eight (8) preschool or elementary school age children or both, including children of the adult provider, or persons with disabilities related to age who require supervision, for a period of care during part or all of a day between six o'clock (6:00) A.M. and nine o'clock (9:00) P.M. This definition does not include "group care home", "foster family home", "centers for individuals with developmental disabilities", as defined and licensed by the state of Illinois, bona fide kindergartens or "day nursery schools", established in connection with grade schools supervised or operated by a private or public board of education or approved by the state department of public instruction.
DAYCARE HOME: A family home which receives not more than eight (8) children for care during the day. The maximum of eight (8) children includes the family's natural or adopted children under age sixteen (16) and those children who are in the home under full time care.

DECIBEL: A unit of measurement of the intensity (loudness) of sound.

DECK: An exterior floor supported on at least two (2) opposing sides by an adjacent structure, posts, piers or other independent supports.

DEDICATION: The transfer of property from private to public ownership.

DENSITY: The number of dwelling units per unit of land measure.

DEVELOPER: The person or entity responsible for the development of a parcel of land.

DEVELOPMENT: See definition of Development in section 12-14-3 of this title.

DISABLED PERSON: Any individual whose disability:

1. Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments; and
2. Is likely to continue for a significant amount of time or indefinitely; and
3. Results in functional limitations in three (3) or more of the following areas of major life activities:
   1. Self-care,
   2. Receptive or expressive language,
   3. Learning,
   4. Mobility,
   5. Self-direction,
   6. Capacity for independent living,
   7. Economic self-sufficiency; and
4. Reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of a lifelong or extended duration.

DISTRIBUTION CENTER: A facility for the temporary storage of products that will remain for a short period prior to be redistributed to retailers, wholesalers, or directly to consumers, particularly on an on-demand basis. As with such turnover, activity in a distribution center in receiving and shipping parcels is more constant and consistent than a general warehouses.

DISTRICT: See definition of Zoning District.

DOMESTIC PET SERVICE: An establishment where clipping, bathing and related services, except that of a veterinary nature, are rendered to dogs, cats and domestic pets. No boarding shall be permitted.

DRIP LINE: A perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of the tree lands on the ground.

DRIVE-THROUGH FACILITY: Any private roadway used for access or stacking space at windows for customers in vehicles, but not limited to, gas stations, drive-through restaurants and banks.

DRIVEWAY: A private roadway offering access to property usually bounded by landscaping and/or sidewalks on either side.

DRY CLEANING, RETAIL: An establishment where dry cleaning is dropped off or picked up by customers, but does not include any on site cleaning or dry cleaning activities.

DWELLING: A residential building, or portion thereof, but not including hotels, motels, rooming houses, nursing homes, tourist homes, or trailers.

DWELLING, ATTACHED: A dwelling joined to other dwellings by party walls, including duplex, group, row and town houses.

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

DWELLING, MULTIPLE-FAMILY: A building designed for or occupied by more than two (2) families, each family living independently of the other in separate dwelling units.

DWELLING, SINGLE-FAMILY: A building designed exclusively for use and occupancy by one family, entirely separated from any other dwelling by open space.

DWELLING, TWO-FAMILY: A building designed exclusively for occupancy by two (2) families living independently of each other, including a two (2) flat (1 dwelling unit above the other) or a duplex (1 dwelling unit beside the other).

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

DWELLING UNIT, EFFICIENCY: A dwelling unit consisting of one principal room including the kitchen, together with bathroom, hallway, closets and/or dining alcove directly off the principal room, provided such dining alcove does not exceed one hundred (100) square feet in area.

EASEMENT: A right given by the owner of land to another party for specific limited use of that land.

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.

EMPLOYEE: One who works for wages or salary in the service of an employer, including officers, manager and other administrative personnel.

ENTERTAINMENT USE: A for profit establishment or use that provides live performances, shows, or productions which may include ancillary educational programs. Adult live entertainment and adult entertainment facilities are specifically excluded from this definition.

ENTERTAINMENT VENUE: A building or portion thereof used exclusively or principally for entertainment uses, including, but not limited to, live music, vocal entertainment, live theater performances, etc. Any type of adult use, gambling, intertrack wagering facility, or a use which permits the sale of alcohol is specifically excluded from this definition.

EQUIPMENT RENTAL AND LEASING SERVICE: An establishment that rents or leases office machinery and equipment, heavy equipment without operators used for construction, and other nonconsumer related machinery and equipment.

ESTABLISHMENT, BUSINESS: A place of business carrying on an operation, the ownership or management of which is separate and distinct from those of any other place of business located on the same lot.

EXTERIOR BUILDING COMPONENT: See section 12-12-7 of this title.

EXTERIOR DESIGN FEATURE: See section 12-12-7 of this title.

EXTERIOR SPACE UTILIZATION: See section 12-12-7 of this title.

FACILITY: The exterior surface or interior space of any institutional, commercial, public, industrial or residential structure, installation or building (including any structure, installation or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having 4 or fewer dwelling units).

FALLOUT SHELTER: An accessory building or use which incorporates the fundamentals for protection from disaster.

FAMILY: One or more persons interrelated by marriage, adoption, or guardianship living together as a single housekeeping unit and using common kitchen facilities, or not more than four (4) persons not so related living together as a single housekeeping unit and using common kitchen facilities.

FENCE: A structure, series of trees or hedge which is a barrier and used as a boundary or means of protection or confinement.

FENCE, SOLID: A fence, including entrance and exit gates, which effectively obstructs view from adjoining properties, streets, alleys, or public ways.

FINANCIAL INSTITUTION: A building, property or activity where the principal use or purpose is the rendering of financial services, including but not limited to banks, facilities for automated teller machines ("ATMs"), credit unions, savings and loan institutions, and mortgage companies. Financial Institution shall not include Financial Institution-Alternative or any use or other type of institution that is otherwise listed specifically in a zoning district as a permitted or special use.

FINANCIAL INSTITUTION-ALTERNATIVE: A building, property or activity where the principal use or purpose is the rendering of short-term, high-interest personal lending services. These institutions include: check cashing establishments (not including incidental check cashing), motor vehicle title lenders, pawnbrokers, payday lenders, currency exchanges and other businesses with similar business models and land use impacts that are not specifically enumerated by the Unified Development Code. Financial Institution-Alternative 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 or an establishment that provides financial services that are accessory to another principal use. No Financial Institution-Alternative establishment may be located within 1,000 feet, property line to property line, of any other Financial Institution-Alternative establishment or within 200 feet, property line to property line, from a residential district.

FINDING: A determination or conclusion based on the evidence presented.

FLOODPLAIN: See definition of Floodplain in section 12-14-3 of this title.

FLOOR AREA: The sum of the gross horizontal areas of the several floors, measured in square feet, including the basement floor, but not including the cellar floor of the building; measured from the exterior faces of the exterior walls of each floor (including, but not limited to, two-story foyers, cathedral ceilings), or from the centerline of walls separating two (2) buildings. The floor area of a building shall include elevator shafts and stairwells at each floor; floor space used for mechanical equipment, except equipment (whether open or enclosed) located on the roof. It shall also include elevator penthouse; attic space as measured from the top of the exterior wall plate, having headroom of seven feet three inches (7'3") or more; interior balconies and mezzanines; enclosed porches, and floor area devoted to accessory uses, including detached garages and yard sheds, provided that any space devoted to open off street parking or loading shall not be included in floor area.

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

FOOT-CANDLE: The illumination of all points one foot (1') distance from a uniform point source of one candle power.

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

FRONTAGE: The front of a lot along a public street.

GARAGE: An accessory building or an accessory portion of the principal building including a carport, which is used for storing the vehicles of the person, family, families or business resident upon the premises.

GENERAL RETAIL GOODS ESTABLISHMENT: A commercial enterprise that provides physical goods, products or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. “Retail Goods Establishment” shall not include any use or other type of establishment that is otherwise listed in a zoning district as a permitted or special use.

GRADE: One foot (1') above the established elevation of the centerline of the street surface at the center of the wall adjoining the street for structures adjoining one street only; or one foot (1') above the average of the established elevations of the centerline of the street surface at the centers of all walls adjoining streets for structures adjoining more than street. For structures not adjoining a street, the grade shall be determined by an engineer designated by the Village for these purposes. Any wall approximately parallel to and not more than twenty five feet (25') from the street right of way is to be considered as adjoining the street.

GRAPHIC ELEMENT: See section 12-12-7 of this title.

GROCERY STORE: An establishment which retails food and beverage merchandise from point of sale locations. They have special equipment for displaying food and beverage goods (e.g., freezers, refrigerated display cases).

GROUND FLOOR AREA: The lot area covered by a building measured from the exterior faces of exterior walls.

GROUP HOME: See definition of Community Residence.

HALF STREET: A street bordering one or more property lines of a tract of land in which the developer has allocated out part of the ultimate right of way width.

HALFWAY HOUSE: A residential living arrangement for persons who are receiving therapy and counseling from support staff who are present at all times residents are present, for the following purposes: a) to help them recuperate from the effects of drugs or alcohol addiction, or b) to provide temporary shelter for persons who are victims of domestic abuse.

HARMONY: See section 12-12-7 of this title.

HEALTH/BEAUTY SERVICES (EXCLUDING MASSAGE ESTABLISHMENTS): Facilities offering services for personal grooming and appearance. Such services/facilities include, but are not limited to, barbers, beauty salons, facial and skin care treatment salons/spas, waxing and/or electrolysis services, manicure/pedicure salons, tanning salons, and other similar operations.

HEAVY CONSTRUCTION BUSINESS: An establishment that specializes in large scale, construction activities and often stores cranes, backhoes, dump trucks, concrete mixers and associated construction materials on-site, when not in use at job sites. Heavy construction businesses may include concrete block production facilities, and similar production and/or fabrication facilities that support the principal heavy construction business use.

HEIGHT: See definition of Building Height.

HELICOPTER: Any rotary wing aircraft which depends principally for its support and motion in the air upon the lift generated by one or more power driven rotors, rotating on a substantially vertical axis.

HELIPORT, HELIPAD, HELISTOP: Any area of land, water or structural surface which is designed, used or intended to be used for the landing and takeoff of helicopters and any appurtenant areas which are designed, used or intended to be used for a heliport, helipad, or helistop building or other facilities which have received a certificate of approval from the division of aeronautics, state of Illinois department of transportation, or any area designed, used or intended to be used by any helicopter which has received a certificate of registration as a "special purpose aircraft" from said division of aeronautics.

HOME FINISHES & TREATMENTS – RETAIL; A specialize retail establishment that offers products intended for maintenance, renovation, or installation of residential finishes, treatments or similar home material such as floor coverings, paint, wallpaper, window treatments, bath and kitchen tiles, and other similar products for sale to the general public. “Home Finishes & Treatments - Retail” shall not include any use or other type of establishment that is otherwise listed in a zoning district as a permitted or special use.

HOME IMPROVEMENT CENTER: A facility of more than thirty thousand (30,000) square feet engaged in the retail sale of various basic hardware lines, such as tools, builder's hardware, construction materials, paint and glass, housewares and household appliances, garden supplies and cutlery.

HOME OCCUPATION: Any allowable gainful occupation or profession conducted by a member of the immediate family residing on the premises and where the business or profession is conducted wholly within the dwelling.

HOMEOWNERS' ASSOCIATION: An association of homeowners having responsibilities with respect to common property of a development or specific area, planned unit development or subdivision, including condominium associations.

HOSPICE: A residential living arrangement for persons with a disease that requires full time support, therapy, and/or treatment.

HOSPITAL: A facility in which patients are rendered continuous medical care, including surgery, with the standard provision of twenty four (24) hour, seven (7) day per week acute medical care for both inpatients and outpatients. The facility shall have not less than one hundred (100) beds for inpatients.

HOT TUB: See definition of Swimming Pool.

HOTEL/MOTEL: A building containing separate sleeping units, each of which must have bathroom facilities, designed for or used primarily on a temporary basis by transients.

HOUSE OF WORSHIP: Shall include any church, synagogue, mosque, temple or other structure designed, intended and used primarily for religious worship or religious ceremony by an assembled group. The use of the terms "church", "synagogue", "mosque", or "temple" shall mean "house of worship". (See definition of Megahouse Of Worship.)

IMPERMEABLE SURFACE: A surface which does not allow water to be absorbed so it may percolate into deeper ground. Such surfaces are those constructed of Portland cement, bituminous concrete, composed stone or gravel, or any other surface that allows no water penetration.

INDOOR RECREATIONAL FACILITIES (e.g. archery, bowling, paint ball, etc.): An establishment that provides public or private recreation facilities, tennis ball, racquet or other courts, swimming pools, bowling alleys, skating rinks, archery, paintball or similar uses that are enclosed in buildings and primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. "Indoor Recreational Facilities" may include any accessory use, such as snack bars that sell prepackaged food items, pro shops, and locker rooms that are designed and intended primarily for the use of patrons of the principal recreational use. "Indoor Recreation Facilities" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or a special use.

INDUSTRIAL LAUNDERERS: An establishment in which clothing and other fabrics are washed and dried professionally and not by the individual customer.

INTENSITY: The degree to which land is used; the overall structural mass and open space relationship in a developed property; the relationship of the amount of floor area, open space, recreation space, and car storage space with the size of the site or land area.

JUNKYARD: An open area where waste, used, or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A junkyard includes an auto wrecking yard, but does not include uses carried on entirely within enclosed buildings.

KENNEL: Any lot or premises or portion thereof on which more than a total of four (4) household domestic animals over four (4) months of age are boarded, bred or offered for sale.

KINDERGARTEN: A facility which receives children between the ages of four (4) and six (6) years, and which is established and professionally operated primarily to conduct educational programs for early childhood development.

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. A cannabis testing facility is not considered a laboratory.

LANDSCAPE: See section 12-12-7 of this title.

LAUNDROMAT: A business that provides self-service type washing and drying facilities, with or without an attendant on premises.

LEGAL NONCONFORMING: Any nonconforming building, structure, or use which existed lawfully at the time of the adoption of this title and which remains nonconforming, and any such building, structure, or use which shall become nonconforming upon the adoption of any subsequent amendment to this title.

LIMITED-SERVICE MASSAGE: Massage services by a licensed massage therapist, which uses any method of applying pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, touching or stimulating the external soft body parts of the body with the hands, any body part, or with the aid of any mechanical or electrical apparatus or appliance, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations. Limited-service massage includes hand/foot massage, head/neck massage, etc., and which does not require partial or full disrobement, other than removal of socks, shoes, and/or outerwear (coats, gloves, scarves).

LIVABILITY SPACE: Outdoor area, excluding parking and other service areas, which can be utilized for outdoor activities, recreation, or passive use by the residential occupants of a parcel and their guests.

LOADING SPACE: A designated space within the principal building or on the same lot, providing for the standing, loading or unloading of vehicles and with access to a public way.

LOCAL STREET: A street of limited continuity used primarily for access to abutting properties and the local needs of a neighborhood.

LODGING ROOM: A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom.

LOGIC OF DESIGN: See section 12-12-7 of this title.

LOT: A parcel of land, or portion of a subdivision (whether legally described or subdivided as 1 or more lots) located within a single block, intended for transfer of ownership or building development consisting of occupancy by one principal building or principal use and having its principal frontage upon a street.

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

LOT AREA, NET: The area inside of lot lines, exclusive of streets, alleys, and other rights of way dedicated or required to be dedicated to the Village or other public bodies.

LOT, BUTT: A lot at the end of a block and located between two (2) corner lots.

LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets or a lot at the point of deflection in alignment of a single street, where the interior angle of such deflection does not exceed one hundred thirty five degrees (135°).

LOT COVERAGE: The maximum area of a lot which may be covered by the principal structure, accessory structures, and any other impermeable surfaces such as driveways, patios, or decks.

LOT DEPTH: The mean horizontal distance between the front lot line and rear lot line. In the case of a corner lot, the lot depth shall be the mean horizontal distances between the lot frontage and the lot line opposite.

LOT, DOUBLE FRONTAGE (THROUGH LOT): A lot having a frontage of two (2) nonintersecting streets, as distinguished from a corner lot.

LOT FRONTAGE: The front of a lot shall be that boundary of a lot along a public street; for a corner lot, the front of the lot shall be that boundary of the lot along the public street which provides the maximum lot depth.

LOT LINE: A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the right of way easement or dedication line.

LOT LINE, FRONT: That boundary line of any lot which is along an existing or dedicated street lot line; on corner lots, the front lot line shall be the boundary line along such street lot line that has been established to provide maximum lot depth.

LOT LINE, REAR: That boundary of a lot which is most distant from, and is, or is approximately, parallel to, the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet (10') in length within the lot, parallel to, and at the maximum distance from, the front lot line.

LOT LINE, SIDE: A lot line which is neither a front nor a rear lot line.

LOT OF RECORD: The area of land designated as a lot on a plat of subdivision recorded or registered pursuant to Illinois state statute.

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

LOT, THROUGH: A lot which has a pair of opposite lot lines along two (2) streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines, but in the case of two (2) or more contiguous through lots, there shall be a common front lot line.

LOT, WIDTH: The narrowest width within the thirty feet (30') of lot depth immediately behind the front yard setback line.

LOT, ZONING: A parcel of land, composed of one or more contiguous, whole or partial, lots of record, used for a principal building or a principal use, which, at the time of filing of an application for a building or occupancy permit, is noted by its owner as a tract to be used, developed, or built upon under unified ownership or control.

LOW NUISANCE INDUSTRIAL FACILITIES: Business that manufacture, produce or assemble products in a manner that does not result in any significant noise, odor or vibrations. Such facilities may include, but are not limited to small electronic and scientific precision instruments production and assembly, cloth and textile assembly, digital printing and publishing, 3-D printing of prototype, and similar types of production facilities.

MAILING SERVICE: A retail establishment that offers packaging and mailing of goods to and from consumers, excluding the United States postal service. Actual parcel distribution is conducted off site.

MAINTENANCE: The fashion in which buildings, sites, plant materials and other surface treatments are held in order in relationship to their original installations.

MANAGER'S QUARTERS SELF-STORAGE FACILITY: A dwelling unit which is intended for exclusive use as living quarters for a full time, on site caretaker/manager which shall be limited to a maximum of one thousand two hundred (1,200) square feet and which may contain all or a combination of the following types of rooms: one living room, one kitchen, one dining or breakfast room, two (2) bathrooms. A maximum of two (2) individuals related by blood or marriage shall be allowed to inhabit these quarters.

MANUFACTURING, LIGHT: Manufacturing activities that are contained entirely within a building, and any noise, odor, smoke, heat, glare, and vibration resulting from the activity are confined entirely within the space. A limited manufacturing use may also include a showroom and ancillary sales of products related to the items manufactured on-site.

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 "Manufacturing, Light". 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. "Manufacturing, Heavy" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use.

MANUFACTURING: The assembly, fabrication, treatment, processing, rebuilding, blending, or molding of materials into a more finished product.

MARGINAL ACCESS STREET (FRONTAGE ROAD): A local street which is parallel to or adjacent to, or in the immediate vicinity of, an arterial street, which has for its purpose the relief of such thoroughfare from the local service of abutting properties.

MARQUEE (CANOPY): A rooflike structure of permanent nature which projects from the wall of a building.

MASSAGE ESTABLISHMENT FULL BODY: An establishment which offers services by a licensed massage therapist, which uses any method of applying pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, touching or stimulating the external soft body parts of the body with the hands, any body part, or with the aid of any mechanical or electrical apparatus or appliance, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations. Such establishments provide full body massages, with full or partial disrobement, as principal or accessory use.

MASSAGE ESTABLISHMENT LIMITED SERVICE: An establishment which offers limited massage services by a licensed massage therapist, which uses any method of applying pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, touching or stimulating the external soft body parts of the body with the hands, any body part, or with the aid of any mechanical or electrical apparatus or appliance, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations. Limited service massage establishments include hand/foot massage, head/neck massage, etc., and which does not require partial or full disrobement, other than removal of socks, shoes, and/or outerwear (coats, gloves, scarves).

MATERIAL SELECTION: The process of gathering products with the general intent of composing them in a generally accepted aesthetic fashion.

MECHANICAL EQUIPMENT: Equipment, devices and accessories, the use of which relates to water supply, drainage, heating, ventilating, air conditioning, electrical service, communications, earth stations, conveying and similar purposes.

MEDICAL CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is registered by the applicable State of Illinois agency designated to oversee said facility 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 CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is registered by the applicable State of Illinois agency designated to oversee said facility to acquire medical cannabis from a registered cultivation center 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.

MEGAHOUSE OF WORSHIP: A place of worship that can accommodate one thousand (1,000) or more occupants within its main worship space.

MEZZANINE: An intermediate level between two (2) main stories of a structure, containing no more than one-third (1/3) of the floor area of either the floor directly above or below.

MICROBREWERY: A facility that produces less than thirty thousand (30,000) barrels (35,200 hectoliters) of beer or ale per calendar year from malt and hops by infusion, boiling and fermentation and includes an accessory tasting room. A tasting room allows customers to taste samples of products manufactured on site and purchase related sales items. Sales of alcohols manufactured outside the facility are prohibited, unless otherwise permitted through application for and issuance of appropriate Village of Morton Grove liquor license.

MICRODISTILLERY: A facility that produces alcoholic beverages in quantities not to exceed five thousand (5,000) gallons per year and includes an accessory tasting room. A tasting room allows customers to taste samples of products manufactured on site and purchase related sales items. Sales of alcohols manufactured outside the facility are prohibited, unless otherwise permitted through application for and issuance of appropriate Village of Morton Grove liquor license.

MINIMUM LANDSCAPED OPEN SPACE: The percentage of lot area which must be maintained in grass or other living vegetation.

MISCELLANEOUS STRUCTURES: See section 12-12-7 of this title.

MOBILE/MODULAR HOME: A dwelling unit designed and built to be towed on its own chassis and used without a permanent foundation for continuous year round occupancy; or two (2) or more units separately towable, but designed to be joined together at the point of use to form a single dwelling unit and which is designed for removal to and installation and erection on other sites.

MOTEL: See definition of Hotel/Motel.

MOTOR VEHICLE: See definition of Vehicle.

MOTOR VEHICLE BODY SHOP: Any building where automotive vehicles are painted, repaired for body damage including auto glass, rebuilt, or reconstructed.

MOTOR VEHICLE DEALER, SALES AND SERVICE: A facility for which the primary use is the sale of motor vehicles. All motor vehicle dealers must include a showroom for vehicles, and the servicing of vehicles must be secondary to the sales of vehicles.

MOTOR VEHICLE REPAIR: See definition of Automotive Or Other Motor Vehicle Repair.

MUNICIPAL FACILITY: A building or structure owned, operated and/or occupied by a local governmental agency primarily related to maintenance or operation of the infrastructure of the Village, with the exterior storage of materials and vehicles. Municipal Facilities may include associated administrative offices.

MUNICIPAL OFFICE: A building or structure owned, operated and/or occupied by a local governmental agency to provide a governmental service to the public in administrative/professional offices, as a principal use. “Municipal Office” use does not include “Municipal Facility,”

MOVING AND STORAGE FACILITY: A facility used for the moving of household or office furniture, appliances, and equipment from one location to another, including the temporary storage of those same items.

NET LOT AREA: See definition of Lot Area, Net.

NONCONFORMING: Not in compliance with the requirements of this title.

NON-PROFIT EDUCATIONAL INSTITUTION: An establishment that provides education or education-related services to the public, groups, or individuals on a not-for-profit basis.

NOXIOUS MATTER: Material which is capable of causing injury or malaise of living organisms by chemical reaction or is capable of causing detrimental effect upon the health, or the psychological, social, or economic well being of human beings or other living organisms.

NURSERY SCHOOL: A facility which receives children between the ages of two (2) and six (6) years and which is established and professionally operated primarily for educational purposes to meet the developmental needs of the children served.

NURSING HOME: A licensed public or private home or institution which provides maintenance, personal care, and nursing for three (3) or more persons who by reason of physical illness or infirmity are incapable of maintaining a private, independent residence.

OCCUPIED: Used or inhabited.

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

OCTAVE BAND FILTER: An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals ("American Standard For Sound Level Meters", ASA no. 224.3-1944).

ODOR THRESHOLD: The minimum concentration of odorous matter in the air that can be detected; the point at which a physiological or psychological effect begins to be produced.

OFF STREET PARKING: Parking spaces on privately owned property, not on a public right of way, provided solely for occupants, employees, visitors and patrons.

OFFICE-Business or professional: A building 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, real estate and securities brokering, and professional consulting services.

OFFICE - CONTRACTORS: A building or structure for a person or company within a building trade or building craft that undertakes a contract to provide materials or labor to perform a service or do a job and but not including any on-site storage of equipment or materials. All contractor’s vehicles shall be parked on the same zoning lot.

OFFICE - CONTRACTORS, WITH ON-SITE EXTERIOR MATERIAL STORAGE: A building or structure for a person or company within a building trade or building craft that undertakes a contract to provide materials or labor to perform a service or do a job and includes exterior, on-site storage of equipment, materials, and a limited amount of contractor’s vehicles (excluding types of material and vehicles associated with heavy construction business).

OFFICE- Technology Incubators, research and development, engineering and testing: A building or structure for research and development for basic, applied, development and technical services conducted by or for use by one or more individuals, organizations, or concerns with accessory laboratories or pilot plants.

OFFICIAL COMPREHENSIVE PLAN: The policy document which contains the functional and geographic elements of the Village and provides direction for any potential land use changes. The comprehensive plan includes plans, maps, charts and textual material, as adopted by the Village.

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.

OPEN SPACE: Part of a parcel of land which is vacant and unobstructed except for natural features.

OUTDOOR SEATING AREA: A defined seating area outside and adjacent to a restaurant which is used to serve patrons of that restaurant.

OUTDOOR STORAGE: The holding of materials, products, goods, and refuse relating to the principal permitted use for more than twenty four (24) hours in an area open to the sky.

OUTDOOR STORAGE AREA: The location on a lot where outdoor storage exists. Such area shall be completely screened with no visible evidence of the material stored from any exterior view of the storage area.

OWNER: Any individual, firm, association, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in a parcel of land.

PARCEL: A lot or contiguous group of lots in single ownership or under single control and usually considered a unit for purposes of development.

PARCEL AND EXPRESS SERVICE: An establishment that provides air, surface, or combined delivery of service of parcels and messages within or between metropolitan regions or urban centers. Such centers may or may not have on-site warehouse and vehicle storage.

PARKING AREA: A surface area used for parking of vehicles.

PARKING BAY: Parking areas subdivided into an uninterrupted row of parking spaces, the individual spaces of which are generally separated by single or double painted lines.

PARKING SPACE: A paved or imperviously surfaced area having access from a public street, alley or private driveway or an officially approved place for the temporary storage of one motor vehicle.

PARKWAY: The unpaved portion of a street right of way.

PARTICULATE MATTER: Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric temperature and pressure.

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

PATIO: A recreation area at grade level that is often paved and is adapted especially for outdoor dining.

PAVED GROUND SURFACE AREA: Any paved area, excluding public rights of way, used for the purpose of driving, maneuvering, parking, storing or displaying of motor vehicles, boats, trailers, mobile homes, and recreational vehicles, including new and used automobile lots, other parking lot uses, paved outdoor sales areas and playgrounds, tennis courts, basketball courts, sidewalks, pedestrianways, and areas that combine any of the above uses. Parking structures and covered drive-in parking areas shall not be considered as paved ground surface areas under this title.

PEDESTRIANWAY: A right of way across a block or providing access within a block, to be used primarily by pedestrians.

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

PERMANENT COSMETICS SERVICES: The practice of placing ink or other pigment into the skin or mucosa by the aid of needles or any other instrument used to puncture the skin for the purpose of permanent cosmetic restoration or enhancement of the epidermis for re-pigmentation. This category of services does not include other forms of body art such as body piercing or the adornment of the body with letters, images, drawings, or other illustrations. The use includes microblading, micropigmentation, dermal implantation, microstroking, eyebrow embroidery, long-time/longlasting makeup, and similar personal care services.

PERMITTED USE: A use by right which is specifically authorized in a particular zoning district.

PERSON: Any individual, firm, association, partnership, corporation, trust, or any other legal entity.

PHYSICAL FITNESS AND HEALTH SERVICES: A for profit facility or business which provides activities primarily for the improvement of overall fitness including, but not limited to: fitness equipment, gymnasiums, swimming pools, racquet courts, and similar related uses. Spas and massage services may be offered as accessory uses only. Personal services such as reflexology, manicures, and pedicures are allowed as an accessory uses. Full body massages are not permitted without a special use permit.

PILOT PLANTS FOR RESEARCH AND DEVELOPMENT: A facility where processes planned for use in production elsewhere can be tested to the extent reasonably necessary for full investigation of the merits of a product or process, through such instruments as 3D printers or other low nuisance or light manufacturing production or assembly methods.

PLAN COMMISSION: The Morton Grove plan commission.

PLANNED UNIT DEVELOPMENT: A property classification permitting flexibility of site design by combining building types and uses in ways that should be prohibited by the detailed predeterminations of the traditional zoning and subdivision standards. For example, instead of lot by lot requirements, some such requirements are applied to an entire zoned area. Discretionary public review of proposed site plans and/or designs is required.

PLANT MATERIALS: See section 12-12-7 of this title.

PLAT: A map prepared by a registered surveyor showing the location and boundaries of individual property or properties.

PLAT, FINAL: A map or plan of a subdivision, and any accompanying material, which must be recorded in the Cook County recorder of deeds' office prior to the sale of any lot.

PLAT, PRELIMINARY: A tentative map or plan of a proposed subdivision.

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

PRINCIPAL USE: The dominant use of land or buildings.

PRODUCTION AND ASSEMBLY OF PROTOTYPE PRODUCTS: A process limited to the scale necessary for full investigation of the merits of a product, including commercial viability.

PROPORTION: See section 12-12-7 of this title.

PROTECTIVE COVENANTS: Contracts entered into between private parties and which constitute a restriction on the use of all private property within a subdivision or planned unit development, for the benefit of property owners, provide common area maintenance agreements, and provide mutual protection against undesirable aspects of development which would tend to impair stability of values.

PUBLIC RIGHT OF WAY: The land owned or dedicated for a public street, alley, or easement.

PUBLIC UTILITY: Any person, firm, corporation or municipal department duly authorized to furnish, under public regulation, cable and digital television electricity, gas, internet access, steam, telephone, telegraph, transportation or water.

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

RAILROAD RIGHT OF WAY: Land owned or dedicated to railroad facilities and/or operations.

REAR LOT LINE: See definition of Lot Line, Rear.

REASONABLE RETURN: The yield or interest rate which is necessary to attract investment capital.

RECORDER'S OFFICE: The office of the Cook County recorder of deeds.

RECREATION CENTER: A building, buildings, or use of land operated on a not for profit basis with or without membership requirements, of which the primary purpose is for the provision of entertainment, sport or health/exercise facilities directly to the consumer.

RECREATIONAL VEHICLE: Any boat, boat trailer, snowmobile, snowmobile trailer, camper, camping trailer or other unit designed primarily for living or sleeping purposes built or mounted on a motor vehicle or chassis without permanent foundation which may legally be driven as or towed by a motor vehicle, subject to classification and licensing by the state of Illinois and intended for recreational use.

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

RENTAL, HOUSEHOLD GOODS AND MERCHANDISE: Establishments that provide short term rental of consumer goods such as home health equipment, consumer electronics, clothing, furniture, and party supplies. Commercial and industrial equipment may be rented, as long as it is primarily geared towards the consumer.

RESEARCH AND DEVELOPMENT LABORATORIES: A building, property, or structure in which are located facilities for scientific research, investigation, testing, or experimentation, with pilot plants permitted as an accessory use to the principal research and development use.

RESIDENTIAL CARE HOME: Any living quarters wherein unrelated individuals are provided maintenance (room and board) and oversight (general watchfulness and appropriate services to meet needs of residents, including, but not limited to, social, recreational and employment opportunities). A residential care home does include a nursing home, hospital, adult daycare center, or living quarters which serve persons as an alternative to incarceration for a criminal offense, for treatment for substance or alcohol abuse, for treatment for a communicable disease, or for persons with a history of antisocial behavior.

RESTAURANT: An establishment whose principal business is the sale of food and drink that are prepared and served for ready consumption to the general public, primarily within the principal building. A restaurant may have an accessory bar area which caters to customers who are served alcoholic beverages and food, however, kitchen facilities must remain open during accessory bar hours of operation. A restaurant where more than 50% of the food and drink sales are generated from alcoholic beverage sales shall be classified as a “Bar.”

RESTAURANT, CARRYOUT: An establishment whose principal business is the sale of food and drink that are prepared and served for ready consumption to the general public, of which the majority is served for consumption off premises, and that has no more than eight seats available to patrons for on-premise consumption.

RESTAURANT, DRIVE-IN or DRIVE-THROUGH: A restaurant or carryout restaurant which is also designed or intended to enable a customer, without exiting a motor vehicle, to purchase food and drink for ready consumption either on-site, within their vehicle, or offsite.

RETAIL: Sale to the consumer for direct consumption and not for resale.

RIGHT OF WAY: That portion of a street between the regularly established curb lines or that part improved, or unimproved, which is used or intended to be used for vehicular travel.

See also definitions of Public Right Of Way and Railroad Right Of Way.

ROOMING HOUSE: A building in which sleeping quarters (but not meals or cooking facilities) are provided by prearrangement for compensation on a weekly or longer basis for three (3) or more persons who are not members of the keeper's family. For the purpose of this zoning ordinance, the term "rooming house" shall also mean lodging house, and a rooming house shall not include a community residence, halfway house, hospice, or nursing home.

ROWHOUSES: See definition of Dwelling, Attached.

RULES OF PROCEDURE: Regulations adopted by each commission for the administration of duties delegated by the legislative authority.

SCALE: See section 12-12-7 of this title.

SCHOOL: An institution which offers instruction in any of the branches of learning which is required to be accredited under the Illinois school code or approved by the department of mental health, including a school for individuals with developmental disabilities, kindergarten, elementary schools, junior and senior high schools, colleges and universities, but excluding private nursery or prekindergarten, trade, business, or commercial schools.

SCHOOL - COLLEGE/UNIVERSITY: An institution of higher learning in arts and sciences, rather than vocational or trade school, and typically offer two- to four-year degree programs and may offer graduate and professional educational programs.

SCHOOL - VOCATIONAL/TRADE CENTERS: An institution that offers vocational and technical training to individuals 16 years and older in a variety of technical subjects and trades, with programs designed to lead to job-specific certifications other than the associate, baccalaureate, or graduate degree levels.

SCREENING: A structure erected, a berm, or vegetation planted to conceal from view the area behind it.

SELF-STORAGE FACILITY: A facility containing small separate storage areas of varying size leased or rented on an individual basis. Manager's quarter's (see definition of Manager's Quarters, Self-Storage Facility) may or may not be included.

SERVICE USE: Use devoted to repair, maintenance, health, administration or teaching.

SETBACK: Required distance between a structure and a property line.

SHORT-TERM DWELLING UNIT: All or part of a residential dwelling unit located in any zoning district, being leased, rented, offered for rent, hired out, licensed, or otherwise let to a person or persons other than the owner of the subject property or a family member of the owner thereof for a period shorter than thirty (30) consecutive days. A short-term dwelling unit shall not include a hotel/motel or bed and breakfast as defined herein or a dwelling or dwelling unit rented for a limited period of time prior to transfer of possession pursuant to the terms of a rental agreement executed in conjunction with a contract to sell the dwelling or dwelling unit.

SHRUBS: Woody plants of relatively low height, having several stems arising from the base and lacking a single trunk; a bush.

SIDE LOT LINE: See definition of Lot Line, Side.

SIGN: Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public and shall include, but not be limited to, any display of any letter, numeral, figure, emblem, insignia, picture, outline, character, spectacle, delineation announcement or any combination whereby the same are made visible to the eye for the purpose of attracting attention and/or to make anything known, whether such display be made on, attached to or as a part of any other structure, surface or thing, and which display is visible beyond the boundaries of the lot or parcel of property in or over which the same is made. The term "sign" shall not include any flag, badge, or insignia of any government or governmental body or agency, or any civic, charitable, religious, patriotic, fraternal or similar organization, nor shall it include any display of official, court, or public office notices or any item of merchandise normally displayed in the store window of a merchant.

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

SOUND LEVEL: The intensity of sound of an operation or use as measured in decibels.

SOUND LEVEL METER: An instrument standardized by the American Standards Association for measurement of intensity of sound.

SPECIAL USE: A use which, because of its characteristics, cannot be properly classified as a permitted use in any particular district, but may be allowed after specific conditions are met.

SPECIALTY FOOD STORE: An establishment which retails primarily a specialized type of food item(s).

SPECIFIED ANATOMICAL AREAS: Less than opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola, and human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES: Human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse, or sodomy, fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

SPOT ZONING: Zoning a relatively small area differently from the zoning of the surrounding area.

STABLE: A structure accommodating one or more horses.

STORM WATER MANAGEMENT ANALYSIS: A compilation of materials which will allow the Village staff to determine if the methods to dispose of storm water from the proposed development will meet the requirements of this code. Such data and supporting materials may include, but are not limited to, the proposed engineering plan, detention volume calculations and storm sewer calculations.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story, and a cellar shall not be counted as a story (see also definitions of Basement and Cellar).

STORY, HALF: An area 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 area, and such area shall have floor area meeting the minimum ceiling height requirements less than one-half (1/2) as large as the story below. If such area has a floor area meeting the minimum ceiling height requirements equal to or greater than one-half (1/2) as large as the story below, such area shall be considered a full story. (See diagram below.)

STREET: Any public right of way containing a roadway which affords the primary means of access by pedestrians and vehicles to abutting properties. An alley shall not be considered a street.

STREET HARDWARE: See section 12-12-7 of this title.

STREET WIDTH: The distance of paved area measured at right angles to the center of the street.

STREETSCAPE: See section 12-12-7 of this title.

STRUCTURAL ALTERATIONS: Any change in the supporting members of a building or structure, such as load-bearing walls or partitions, load-bearing columns, load-bearing beams, or load-bearing girders; any substantial change in roof or exterior walls; or any change affecting the means of ingress or egress.

STRUCTURE: See definition of Structure in section 12-14-3 of this title.

SUBDIVIDE: The process of dividing a parcel of land into smaller buildable sites, blocks, streets, open space, and public areas, and the designation of the location of utilities and other improvements.

SUBDIVISION: A described tract of land which is to be, or has been, divided into two (2) or more lots or parcels, for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. The term includes resubdivision, and where it is appropriate to the context, relates to the process of subdividing or to the land subdivided.

SUBDIVISION DESIGN STANDARDS: The guides, principles and specifications for the preparation of subdivision plans indicating among other things, the minimum and maximum dimensions of the various elements set forth in the chapter 8, "Subdivisions", of this title.

SUBDIVISION, MINOR: Any subdivision fronting on an existing street, not involving any new street or road, that cannot result in more than two (2) buildable lots.

SUBDIVISION REGULATIONS: Local codes that regulate the division of undeveloped land into building lots for residential or other purposes.

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

SYNTHETIC TURF. A surface of synthetic fibers and made to look like natural grass that is used for sports or similar activities that originally or typically take place on grass, and for residential and commercial lawns. Synthetic turf shall include the entire system from surface to subgrade and be considered to be an impermeable surface.

TATTOO AND BODY ART ESTABLISHMENT: Any place where the act of puncturing the skin to insert jewelry, ink, or other foreign items through, into, or under the skin are performed, in accordance with the Tattoo and Body Piercing Establishment Registration Act (410 ILCS 54) and the Illinois Department of Public Health’s Body Art Code (77 Ill. Adm. Code 797), except that a permanent cosmetics services establishment shall not be considered a tattoo and body art establishment for the purposes of this title. Piercing of the non-cartilage portion of the earlobe by using a piercing gun with a single-use ear piercing system shall not be considered tattoo and body art when provided as an accessory service.

TAVERN: See definition of Bar.

TEMPORARY: The use or installation of noncode requirements and/or components or materials which may or may not meet code requirements for a limited period of time.

TEMPORARY STRUCTURE: A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

TENANT: A user of a building, partially or in total, who has a leasehold estate.

TERRACE: An open platform that is not a deck or patio.

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

THROUGH BLOCK CONNECTION: An ample passageway, through or between any structures on a parcel, that allows the general public to walk from the street edge to the rear of the parcel. Minimum width shall be ten feet (10').

TOWNHOUSE: See definition of Dwelling, Attached.

TOXIC MATERIAL: A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property when emitted in any amount, is injurious to living organisms of plants, animals, and human beings.

TRAILER: Any structure designed to be hauled, whether by automobile or tractor, and designed for temporary storage or use.

TRANSIT AND PUBLIC TRANSPORTATION FACILITIES: Includes terminals, storage areas, service buildings and garages, for use by public transit providers.

TRANSITIONAL: See section 12-12-7 of this title.

TRANSITIONAL USES AND STRUCTURES: Uses or structures, permitted under the zoning ordinance, which, by their nature or level and scale of activity, act as a buffer between two (2) or more incompatible uses.

TREE, ORNAMENTAL: Smaller tree types valued for color accents and maximum ornamental/seasonal characteristics (e.g., foliage, fruits, bark color), usually smaller in size, with a mature height of fifteen (15) to thirty feet (30').

TREES: Self-supporting woody plants of species which normally grow within the Village of Morton Grove to a minimum overall height of twenty five feet (25') and have an average mature crown spread greater than twenty five feet (25').

TRUCK. Trucks, tractors, truck-trailers, and industrial and commercial vehicles in excess of one-and-a-half (1½) tons capacity.

TRUCK PARKING AREA OR YARD: Any land used or intended to be used principally for the storage or parking of trucks while not loading or unloading or under repair. A truck parking area or yard includes the meaning customarily assigned to cartage facilities and truck dispatch yards.

TRUCK BODY SHOP. Any building where trucks are painted, repaired for body damage including auto glass, rebuilt, or reconstructed. TRUCK REPAIR FACILITY. A business that provides services in repairs to trucks. Truck repair facilities do not include repair beyond mechanical repair and auto glass. Any type of body work shall be considered a truck body shop. If automotive fuel dispensed, or offered for sale, is incidental to the conduct of truck repair, the premises are classified as truck repair.

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: See definition of Accessory Use.

USE, LAWFUL: The use of any building, structure or land that conforms with all of the codes, ordinances and other legal requirements as exist at the time of the establishment of the use.

USE, NONCONFORMING: Any use of land or structures which existed lawfully at the time of adoption of this title or amendment thereto, but which does not comply with the current use regulations of the zoning district in which it is located. See also definition of Legal, Nonconforming.

USE, PERMITTED: See definition of Permitted Use.

USE, PRINCIPAL: See definition of Principal Use.

USE, SPECIAL: See definition of Special Use.

USE, TRANSITIONAL: See definition of Transitional Uses And Structures.

USED CAR LOT: See definition of Open Sales Lot.

UTILITY HARDWARE: Devices such as poles, cross arms, transformers and vaults, gas pressure regulating assemblies, hydrants and buffalo boxes that are used for water, gas, oil, sewer and electrical services to a building or project.

UTILITY SERVICES: Any device, including wire, pipe and conduit, which carries gas, water, electricity, oil and communications into a building or development.

VARIANCE: A grant of relief from a provision of this title.

VEHICLE: A means of transporting goods or passengers, designed for use on public streets, alleys, or other public ways.

VEHICLE, COMMERCIAL: A vehicle of any type used or maintained primarily to transport material, operate a power attachment or tool, or transport people for a fee. Any vehicle with advertising or business designation affixed to it shall be considered a commercial vehicle.

VEHICLE, PRIVATE PASSENGER: An automobile, station wagon, van or small truck used primarily as a means of transportation for the vehicle owner and the vehicle owner's family and guests, and for hauling property of the owner, but not equipped as a pickup camper.

VEHICULAR ENCROACHMENT: The protrusion of a vehicle into a vehicular accessway, pedestrianway, or landscape area.

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

VIBRATION: The periodic displacement of earth or any elastic media or body at a designated frequency (cycles per second).

VILLAGE: The Village of Morton Grove, Illinois.

VILLAGE CLERK: The Village clerk of Morton Grove, Illinois.

VILLAGE ENGINEER: The Village engineer of the Village of Morton Grove or duly appointed representative of the Village.

VINE: Plants which normally require support to reach mature form.

VOLUMETRIC: See section 12-12-7 of this title.

WAREHOUSE: A structure or room used for storage of merchandise or commodities and where no such goods are sold at either wholesale or retail. This use does not include the storage of goods incidental to a different primary use on the same lot in which the warehouse would be considered an accessory use.

WAREHOUSE AND DISTRIBUTION CENTER: A warehouse or warehouses for which the primary purpose is the distribution of wholesale goods and commodities for resale to retailers, industrial, commercial, institutional users, or to other wholesalers.

WAREHOUSE, AUTOMATED: A warehouse where the material handling is primarily mechanized.

WAREHOUSE, PUBLIC: A warehouse where the merchandise and/or commodities stored is occupied by several different commercial, industrial or wholesale users.

WHOLESALE TRADE 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 Trade 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.

WINDOWS: See section 12-12-7 of this title.

YARD: An open space measured from the nearest property line to the closest point of the principal structure.

YARD, FRONT: A yard extending from the front lot line for the full width of the lot.

YARD, REAR: A yard extending from the rear lot line for the full width of the lot.

YARD, SIDE: A yard extending from the side lot line between the front and rear yards.

ZERO LOT LINE: A building sited on one or more lot lines.

ZONING: A police power measure enacted primarily by general purpose units of local government, in which the community is divided into districts or zones within which permitted and special uses are established, as are regulations governing lot size, building bulk, placement, and other development standards.

ZONING DISTRICT: A section of the Village for which the regulations governing the use, area, bulk, density, and setbacks of structures and property are uniform.

ZONING LOT: See definition of Lot, Zoning.

ZONING MAP: The map or maps incorporated into this title including the geographic area covered by each zoning district.

(Ord. 07-07, 3-26-2007; amd. Ord. 09-35, 12-14-2009; Ord. 11-26, 7-11-2011; Ord. 11-42, 11-28-2011; Ord. 13-01, 1-28-2013; Ord. 13-24, 12-9-13; Ord. 15-01, 1-26-15; Ord. 16-04, 3-28-16; Ord. 17-09, 5-22-2017; Ord. 20-26, 12-14-2020)