72 - GENERAL TERMS DEFINITIONS
This chapter contains definitions for general terms used throughout the title.
(Ord. No. 12-09-39, § 2(18.1), 8-24-12)
The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction:
A.
The singular number includes the plural, and the plural the singular.
B.
The present tense includes the past and future tenses, and the future tense includes the present.
C.
The word "shall" is mandatory, while the word "may" is permissive.
D.
Both of the terms "shall not" and "may not" are prohibiting.
E.
The masculine gender includes the feminine and neuter.
F.
Whenever a defined word or term appears in the text of this title, its meaning shall be construed as set forth in the definition. Any word appearing in parenthesis, between a word and its definition herein, shall be construed in the same sense as that word. Words not defined shall be interpreted in accordance with the definitions considered to be normal dictionary usage.
G.
If a definition contains a regulation and the use is inconsistent with that regulation, the use is prohibited.
(Ord. No. 12-09-39, § 2(18.2), 8-24-12)
"Abut" means to share a common lot line or zoning district boundary without being separated by a street or alley.
"Accessibility ramp" means a ramp or similar structure that provides wheelchair or similar access to a building.
"Accessory structure" means a structure located on the same lot with the principal building and is customarily incidental and subordinate to the use of the principal building.
"Addition or enlargement" means any construction that increases the size of a building or structure in terms of site coverage, height, length, width or floor area.
"Alley" means a public way not exceeding twenty-five feet in width at its intersection with a street, customarily used for ingress to and egress from service entrances of buildings.
"Alteration" means any change in the size, shape, character, occupancy, or use of a building or structure.
"Amateur (HAM) radio equipment" means an amateur (HAM) radio station licensed by the Federal Communications Commission (FCC), including equipment such as, but not limited to, a tower or alternative tower structure supporting a single, radiating antenna platform and other equipment.
"Architectural feature" means a part, portion, or projection that contributes to the aesthetics of a building or structure, exclusive of signs, that is not necessary for the structural integrity of the building or structure, or to make said building or structure habitable.
"Arbor" means a freestanding structure used in a garden to support vines or climbing plants.
"Arrays" means a group of antennas arranged by a wireless telecommunications service provider and placed on a tower, structure, or building at a given height aboveground to provide the desired directional characteristics.
"Attention getting device" means any pennant, flag, festoon, valance, propeller, pole covers, spinner, streamer, balloons, changing colors, rotating or moving displays and any similar device or ornamentation designated for the purposes of attracting attention, promoting or advertising.
"Awning" means a roof-like cover, often of fabric or metal, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk or door. For "awnings" used as a sign, see "sign, awning."
"Balcony" means a platform which projects from the exterior wall of a building above the ground floor, which is exposed to the open air, has direct access to the interior of the building, and is not supported by posts or columns extending to the ground.
Banner. See "sign, banner."
"Basement" means that portion of a building located partly underground, but having one-half or less of its clear floor-to-ceiling height below the average grade of the adjoining ground. A basement is counted as a story for the purposes of height regulation.
"Bay window" means a window which projects outward from the building, beginning at least two feet above ground, which does not rest on the building foundation or on the ground.
"Berm" means an earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise or fulfill other such purposes.
"Block" means a tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways or a corporate boundary line of the village of Mundelein.
"Blockface" means that portion of a block or tract of land facing the same side of a single street and lying between the closest intersecting streets, or between an intersecting street and railroad right-of-way or waterway.
"Blue roof" means a roof designed to store water and discharge water, typically rainfall.
"Broadcast entertainment" means transmission of a program or information by radio, television, or fiber/internet.
"Buffer yard" means land area with landscape plantings and other components used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
"Build-to-line" means the specific distance from the lot line along which a building facade must be built. A zero-foot build-to-line requires a building facade to be built along that lot line."
"Buildable area" means the space remaining on a zoning lot after the minimum open space requirements of this title have been complied with.
"Buildable lot" means a lot on which a building or other structure may be erected in conformity with zoning and building code requirements.
"Building" means any structure with substantial walls and roof securely affixed to land and entirely separated on all sides from any similar structure by space or by walls in which there are no communicating doors, windows or similar openings.
"Building coverage" means the portion of a lot that is occupied by buildings or structures, including accessory structures, expressed as a percentage of total lot area.
Building Height, Accessory Structure. "Accessory structure building height" means the vertical distance measured from grade to the highest point of the roof or the highest point of the structure.
"Building Height, Principal Building. The vertical distance measured from grade to:
1.
In the case of a flat roof, the highest point.
2.
In the case of a mansard roof, the deck line.
3.
In the case of a gable, hip or gambrel roof, the mean point between the eaves and the ridge. Chimneys, spires, steeples, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height.
"Building line" means a horizontal line across the portion of the façade of a building that is closest to a property line.
Building, Principal. "Principal building" means a non-accessory building in which a principal use of the lot on which it is located is conducted.
"Bulk" means the term used to describe the size and mutual relationships of buildings and other structures as to size, height, coverage and shape, location of exterior walls in relation to lot lines, the center line of streets, other walls of the same building, and to other buildings or structures, and to all open spaces relating to the building or structure.
"Business" means an occupation, employment, or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
"Caliper" means the American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six inches above the ground for trees up to and including four inch caliper size, and as measured at twelve inches above the ground for larger sizes.
"Canopy" means a structure, other than an awning, made of materials such as canvas, or materials with a frame, either attached to a building or projecting from a building, and carried by a frame supported by the ground or sidewalk. For "Canopies" with signs see "sign, canopy."
"Cardholder" means a qualifying patient allowed the medical use of cannabis or a designated caregiver who has been issued and possesses a valid registry identification card by the department of public health.
"Carnival/circus" means a traveling or transportable group or aggregation of rides, shows, games, or concessions or any combination thereof.
"Cellar" means a part of a building having more than one-half of its height below the average grade of the adjoining ground. A "cellar" is not counted as a story for the purposes of building height.
"Chimney" means a vertical shaft of reinforced concrete, masonry or other approved material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid or gaseous fuel.
"Christmas tree sales lot" means a retail sales operation, generally conducted wholly outdoors, that offers for sale on a temporary, limited basis Christmas trees and related holiday items such as wreaths and Christmas tree stands.
"Collocation" means placement of wireless telecommunications equipment from more than one service or service provider on a single tower or site.
"Commercial vehicle" means a vehicle owned and used for commercial purposes, such as the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not-for-hire.
"Conforming structure" means any structure that complies with all the regulations of this title, or any amendment hereto, governing bulk for the zoning district in which such structure is located or is designed or intended for a conforming use.
"Contiguous" means adjoining or abutting.
"Cul-de-sac" means a local residential street with only one outlet and having an appropriate terminus for the safe and convenient reversal of traffic movement.
"Curb level" means 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 of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the "curb level."
"Deck" means a deck is a roofless outdoor space built as an aboveground platform projecting from the wall of a building and is connected by structural supports at grade or by the building structure.
"Decorative lawn edging" means landscape borders, made of stone, brick, wood, plastic, concrete, metal or similar materials, used to transition from lawn to planting beds or from lawn to hardscape, such as walkways and patios.
"Designated caregiver" means a person who: (1) is at least twenty-one years of age; (2) has agreed to assist with a registered qualifying patient's medical use of cannabis; (3) has not been convicted of an excluded offense; and (4) assists no more than one registered qualifying patient with his or her medical use of cannabis.
"District" means a portion of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title.
"Driveway" means an access strip of land providing a vehicular connector between the street and a parking space or garage.
"Dwelling" means a structure or portion thereof designed for occupancy by one family or household for residential purposes as a single housekeeping unit. In no case shall a motor home, trailer coach, tent, or portable building be considered a "dwelling."
Dwelling, Attached. "Attached dwelling" means a dwelling designed as a single structure, containing separate dwelling units, each of which is designed to be occupied as a separate permanent residence for one family or household. Each dwelling is separated from the other by a wall extending from the ground to the roof or a ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
Dwelling, Detached. "Detached dwelling" means a dwelling entirely surrounded by open space on the same lot.
"Dwelling unit" means a dwelling unit consists of a group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family or household, which include permanently installed bathroom and kitchen facilities.
"Easement" means land designed by lawful agreement between the owner(s) of the land and a person(s) for a specified use only by such person(s).
"Eave" means the projecting lower edges of a roof overhanging the wall of a building.
"Electrical generator" means a device for generating electrical energy.
"Encroachment" means the extension or placement of any structure or building, or component of such, into a required setback.
"Enclosed locked facility" means a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a medical cannabis cultivation center's agents or a dispensing organization's agents working for the registered cultivation center or the a registered dispensing organization to cultivate, store, and/or distribute cannabis to registered cardholders for medical use by registered qualifying patients.
"Entertainment" means any activity provided for pleasure, enjoyment, recreation, relaxation, diversion, or other similar purpose, through touch, taste, sight, sound, or smell, any of the following either individually or collectively: music, theatrical performances, guest speakers, poetry reading, exhibitions, spectating of sports, games, or other similar activity. Entertainment includes live entertainment and broadcast entertainment.
"Erect" means to build, construct, attach, hang, place, suspend or affix.
"Exterior stairwell" means one or more flights of stairs and the necessary landings and platforms connecting them to form a continuous passage from the entryway of a floor or level to another in a building or structure located on the exterior of a principle building.
"Family" means one or more persons related by blood, marriage or civil union, legal adoption or guardianship, including foster children, or not more than three persons not so related, together with gratuitous guests and domestic servants, occupying a dwelling unit as an individual housekeeping organization.
"Farmer's market" means the seasonal selling or offering for sale of home-grown vegetables or produce, occurring in a pre-designated area where the vendors are generally individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.
"Fence" means an artificially constructed barrier of wood, masonry, stone, wire, metal or other combination of materials erected to enclose, screen or separate areas.
"Firearm" means a weapon, such as a handgun, pistol or rifle, capable of firing a projectile and using an explosive charge as a propellant.
"Flags" means flags, symbols or crests of nations, of any organization or nations, states and cities, fraternal, religious and civic organizations.
"Floor area ratio (FAR)" means the combined floor area of all the floors, measured from inner walls, of a building divided by the area of the zoning lot on which it is located.
"Food truck or food/beverage cart" means a vehicle equipped with facilities for cooking and/or selling food, and/or beverages for immediate consumption. A food truck does not include an ice cream truck operator.
"Footcandle" means a unit of illumination. It is equivalent to the illumination at all points that are one foot distant from uniform source of one candlepower.
Frequency. The term "frequency" signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.
"Fully-enclosed permanent structure" means structural walls on four sides, windows, ceilings/roofs, and floors.
"Garage" means a building, either attached or detached, used or designed to be used for the parking and storage of vehicles by those residents upon the premises.
"Gazebo" means a freestanding outdoor structure designed for recreational use and not for habitation.
"Grade" means when measuring building height from "grade," "grade" is established at the sidewalk opposite the center of the front building facade.
"Green roof" means a building roof partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems.
Greenhouse, Private. "Private greenhouse" means a building or structure constructed chiefly of glass, glasslike or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants.
"Ground floor transparency" means the total window area of the ground floor, not including mullions and glass doors, divided by the total facade area located between two feet above grade to ten feet above grade. If the entry door is constructed of glass, it is counted as part of transparency. In order to meet the transparency requirements, the window area must be comprised of glass that is tinted no more than twenty percent and a viewer must have a line of sight to the inside of the establishment from outside.
"Hedge" means a row of closely planted shrubs, bushes, or any kind of plant forming a boundary or fence.
"High security fence" means a solid masonry or metal fence between six feet and eight feet in height enclosing a medical cannabis cultivation center.
"Home occupation" means an occupation carried on in a dwelling unit by the resident, where the use of the dwelling unit for the occupation is secondary to the use of the dwelling unit for residential purposes.
"Impervious surface" means a measure of intensity of land use that represents the portion of a site that is occupied by buildings, structures, pavement, and other impervious surfaces that do not allow for the absorption of water. Impervious surface includes, but is not limited to: buildings, detached garages, sheds, driveways, concrete, brick pavers, decks, patios, pools and hot tubs, porches, stoops, and any other structures that would impede the absorption of water. The zoning administrator, by request, will review any permeable pavement designs to determine whether there is an opportunity to reduce the impervious surface coverage calculation.
"Incompatible use" means a use that is incapable of direct association with certain other uses because it is contradictory, incongruous or discordant.
"Intensity of use" means for the purposes of this title, "intensity of use" is defined as square feet of gross floor area, number of dwelling units, number of employees, or other factor used as a basis for requiring parking or loading facilities.
Lighting, Fully Shielded. "Fully shielded lighting" means a fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
Lighting, Unshielded. "Unshielded lighting" means a fixture that allows light, either directly from the lamp or indirectly from the fixture or a reflector, to be emitted above the horizontal plane running through the lowest point on the fixture where light is emitted.
"Loading berth" means a space within a loading facility exclusive of driveways, aisles, maneuvering areas, ramps, columns, landscaping areas, office, and work areas for the temporary parking of a commercial vehicle while loading or unloading goods or materials, and which abuts upon a street, alley, or other appropriate means of access.
"Logo" means a business trademark or symbol.
"Lot" means a parcel or tract of land located within a single block, occupied, or intended for occupancy, by one principal building or principal use, and having frontage upon a street.
"Lot area" means the computed area of the lot contained within the lot lines.
"Lot depth" means the mean distance from the front lot line to the rear lot line measured generally parallel to the side lot lines.
"Lot frontage" means a lot line along a street.
"Lot line" means a property boundary line of a lot. Where any portion of the lot extends into an abutting street or alley, the lot line shall be deemed to be the established or existing street or alley right-of-way line.
Lot Line, Corner. "Corner lot line" means the lot line that is perpendicular or approximately perpendicular to the front lot line, which is the longest street lot line of a corner lot abutting a street.
FIGURE 20.72-1: CORNER AND INTERIOR LOTS
Lot Line, Front. "Front lot line" means the lot line that abuts a street. For the purposes of this title, the "front lot line" of a corner lot is the shortest street lot line of a corner lot abutting a street.
Lot Line, Interior Side. "Interior side lot line" means the lot line that is not abutting a street and is not a rear lot line.
Lot Line, Rear. "Rear lot line" means the lot line that is most distant from and is, or is approximately, parallel to the front lot line.
Lot Line, Side. "Side lot line" means a lot line that is not a front lot line or a rear lot line, which may be an "interior side lot line" or "corner side lot line."
"Lot of record" means a lot that is part of a subdivision, the plat of which has been recorded in the office of the Lake County recorder of deeds, or a parcel of land separately described as a single tract of land in a recorded deed.
Lot width" means the horizontal distance between side lot lines measured along a line parallel to the front lot line along the minimum front setback.
Lot, Corner. "Corner lot" means a lot situated at the junction of, and abutting on, two or more intersecting streets. (See Figure 20.72-1: Corner and Interior Lots)
Lot, Double Frontage. "Double frontage lot" means a lot having frontage on two nonintersecting streets creating two front lot lines.
Lot, Interior. "Interior lot" means a lot other than a corner lot or a through lot. (See Figure 20.72-1)
Lot, Reverse Corner. "Reverse corner lot" means a corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. (See Figure 20.72-2: Reverse Corner Lot)
FIGURE 20.72-2: REVERSE CORNER LOT
Lot, Zoning. "Zoning lot" means a tract of land located within a block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. A "zoning lot" may or may not coincide with a "lot of record."
"Luminaire" means a complete lighting unit extending from a support structure, parallel to the ground, consisting of a light source and all necessary mechanical, electrical and decorative parts. A "luminaire" does not include a pole or other support.
"Medical cannabis infused product" means food, oils, ointments, or other products containing usable medical cannabis that is not smoked.
"Motor vehicle" means any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.
"Nonconforming lot" means a lot of record that does not meet the lot area or lot width requirements of this title for the zoning district in which it is located.
"Nonconforming use or structure" means an existing use or structure, or part or appurtenance thereof, not in conformance with the requirements of this title.
"Off-street parking" means the storage space for an automobile on premises other than streets or rights-of-way.
"On-right-of-way parking" means the storage space for an automobile that is located within the street right-of-way.
"Outdoor display and sales area" means part of a lot used for outdoor sales and/or display of goods accessory to the principal use.
"Outdoor fireplace" means a self-contained, manufactured noncombustible cooking unit provided with a tight-fitting screen or lid and supported off the ground by non-combustible legs.
"Outdoor storage" means the keeping of any goods, material, merchandise or equipment not within an enclosed building, including incidental maintenance and repair of the material that is being stored.
"Owner" means a titleholder of record, or if title is held in trust, the beneficiary of the trust or the person or persons who have acquired any interest in the property by contract or purchase or otherwise.
"Parapet" means the extension of a false front or wall above a roof-line.
"Parkway" means the area, excluding the sidewalk, if any, between the property line and the curb or, in the absence of a curb, between the property line and the nearest edge of the street paving.
"Party wall" means a wall starting from the foundation and extending continuously through all stories to or above the roof, that separates one building from another, but is in joint use by each building.
"Patio" means an impervious surface, no higher than one foot above the ground, designed and intended for recreational use by people and not as a parking space.
"Person" means for the purposes of this title, any individual, corporation, association, firm, partnership or joint venture.
"Porch" means a structure, which can be enclosed or unenclosed, that projects from the exterior wall of a building, has direct access to the street level of the building, and is covered by a roof or eaves. An "unenclosed porch" is a porch that is open on two or more sides. An "enclosed porch" is a porch that is enclosed by walls, screens, lattice or other material on two or more sides. A screened-in porch shall be considered an "enclosed porch."
"Private free libraries" means small enclosed structures used solely as a means for the free exchange of literary material and recorded performing arts.
"Property line" means the lines bounding a zoning lot.
"Public use area (for parking standard calculations)" means the area within a use where the public or a substantial number of the public has access to, including but not limited to, such areas as dining rooms, restrooms, bar seating, display areas, etc.
"Public utility" means any person, firm, corporation or municipal department, duly authorized to furnish under public regulation to the public cable television, electricity, gas, steam, telephone, telegraph, transportation or water.
"Pumpkin patch" means a retail sales operation, generally conducted wholly outdoors, that offers for sale on a temporary, limited basis pumpkins and related holiday (Halloween) items.
"Railroad right-of-way" means a strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, or water towers.
"Recreational vehicle" means a vehicular or watercraft unit, which is designed for travel, recreational and vacation use, and which is self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, boats, camping trailer, truck camper, motor home, fifth-wheel trailer, or van.
"Real estate model unit" means a residential unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental in a particular subdivision or other residential development. Model units may also incorporate sales or rental offices for dwellings within the development.
"Recyclable material" means reusable material, including without limitation metals, glass, plastic, paper, concrete and organic material which is intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous material.
"Residential district" means a residential district shall mean any area zoned and used for residential purposes.
"Right-of-way" means any street, avenue, boulevard, highway, sidewalk, alley, or similar place which is owned or controlled by a governmental entity.
"Roofline" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.
"Salt dome" means a temporary or permanent structure used to store road salt for the on-site use of the principal use of the lot.
"Satellite dish antenna" means a dish antenna designed for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication or other signals from other antennas, satellites or other services.
"Setback" means the required minimum distance a building or structure, or other improvement on a lot, must be located from a lot line.
"Shed" means a relatively small accessory structure often purchased pre-built or as a kit in pre-fabricated sections. It is not designed to be served by heat, electricity, or plumbing and does not need to be placed on a permanent foundation. A "shed" is typically intended to store lawn, garden, or pool care equipment.
"Shadow flicker" means the on-and-off strobe light effect caused by the shadow of moving blades cast by the sun passing above the turbine. "Shadow flicker" intensity is defined as the difference or variation in brightness at a given location in the presence and absence of a shadow.
"Shopping center" means a group of retail and other commercial establishments that is planned, owned and managed as a single property. The center's size and orientation are generally determined by the market characteristics of the trade area served by the center. The two main configurations of shopping centers are malls and strip centers. A "shopping center' may also be referred to as a "commercial center."
"Solar collector" means an assembly, structure, or design, including passive elements, that collects and converts direct sunlight as a source of energy for such purposes as heating or cooling a structure, heating or pumping water, or generating electricity. Examples of solar collectors include photovoltaic cells, evacuated tubes, and solar shingles.
"Solar energy system" means a complete assembly, structure, or design of solar collector, or a solar storage mechanism, which uses solar energy for generating electricity or for heating or cooling gases, solids, liquids, or other materials.
"Solar storage mechanism" means equipment or elements (such as piping and transfer mechanisms, containers, heat exchangers, or controls thereof, and gases, solids, liquids, or combinations thereof) that are utilized for storing solar energy, gathered by a solar collector, for subsequent use.
"Split rail fence" means a type of fencing composed of logs which have been split lengthwise and positioned horizontally as rails between posts.
"Stacking space" means a space specifically designated as a waiting area for vehicles patronizing a drive-through establishment.
"Stockade fence" means a type of fencing composed of contiguous or closely spaced, vertical stakes or posts made of wood which come to a point. Stockade fences are not inclusive of dog-eared or picket fences.
"Stoop" means an exterior floor typically, but not necessarily, constructed of concrete and/or masonry, with a finished floor elevation higher than the adjacent ground level, often with steps leading up to it, and utilized primarily as an access platform to a building. A "stoop" may be roofed and designed with railings, but cannot be enclosed. A "stoop" is often referred to as a "portico."
"Story" means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
"Street" means an improved right-of-way that affords a primary means of access to abutting property.
"Street line" means a line separating an abutting lot, piece or parcel, from a street.
"Street wall" means the wall of a building nearest to and facing on a street.
"Structural alteration" means any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or exterior walls.
"Structure" means anything erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground.
Structure, Temporary. "Temporary structure" means any structure not designed to be permanently located, placed or affixed in the place where it is or where it is intended to be placed.
"Sun glint" means the reflection of sunlight off of a surface, as in the case of the blades, tower or other component of a wind energy facility.
"Swimming pool" means a receptacle for water and/or an artificial pool of water over twenty-four inches in depth, either at a private residence intended only for the use of the individual owner, his family and friends, or at a multi-family residence intended only for the use of the tenants of the building, their families and friends.
"Temporary contractor trailer" this use includes watchman's trailers, construction equipment sheds, contractor trailers and similar uses incidental to a construction project and sales of homes within a newly constructed development.
"Temporary storage container" means temporary self-storage containers delivered to residential or commercial uses for the resident or business owner to store belongings, and then picked up and returned to a warehouse until called for. Also known as "PODS" ("portable on-demand storage" containers).
"Terrace" means a level plane, or platform, which for the purpose of this title is located adjacent to one or more faces of the main structure and which is constructed not more than four feet in height above the average level of the adjoining ground.
"Townhouse structure" means the grouping of multiple townhouse units (three or more) that are attached to one another.
"Townhouse unit" means a living space occupied by a single entity that is attached to other similar living spaces.
"Trellis" means a frame made of bars of wood or metal crossed over each other, fixed to a wall, to support vines or climbing plants.
"Use" means the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
Use, Accessory. "Accessory use" means a use that is customarily incidental and subordinate to the principal use of a lot or the main building thereon and located on the same lot as the principal use or building.
Use, Permitted. "Permitted use" means a use permitted in a zoning district without the need for special administrative review and approval, upon satisfaction of the standards and requirements of this code.
Use, Principal. "Principal use" means the main use of land or structure as distinguished from an accessory use.
Use, Special. "Special use" means a use that owing to some special characteristics attendant to its operation or installation is permitted in a zoning district only after review, and is subject to approval by the village board.
"Wall" means a constructed solid barrier of concrete, stone, brick, tile or similar type of material that closes, marks, or borders a field, yard, or lot, and that limits visibility and restricts the flow of air and light.
"White roof" means a roof designed to deliver high solar reflectance, reducing heat transfer to the building and the ability to radiate absorbed, or non-reflected solar energy.
"Yard" means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise permitted by this title. (See Figure 20.72-3: Yards)
Yard, Corner Side. "Corner side yard" means the required minimum distance a structure or other improvement on a lot must be located from a corner side lot line. The corner side yard extends along the corner side lot line between the front yard line and the rear lot line, for the required minimum depth, as specified for the district in which such lot is located, measured perpendicular to the corner side lot line. (See Figure 20.72-3)
Yard, Front. "Front yard" means the required minimum distance a structure or other improvement on a lot must be located from a front lot line. The front yard extends the full width of the lot between side lot lines for the required minimum depth, as specified by the zoning district in which such lot is located, measured perpendicular to the front lot line. (See Figure 20.72-3)
Yard, Interior Side. "Interior side yard" means the required minimum distance a structure or other improvement on a lot must be located from an interior side lot line. The interior side yard extends along an interior side lot line between the front and rear yard, for the required minimum depth, as specified for the district in which such lot is located, measured perpendicular to the interior side lot line. (See Figure 20.72-3)
Yard, Rear. "Rear yard" means the required minimum distance a structure or other improvement on a lot must be located from a rear lot line. The rear yard extends between interior side lot lines for the required minimum depth, as specified by the zoning district in which such lot is located, measured perpendicular to the rear lot line. In the case of a corner lot, the rear yard extends between the interior side lot line to the corner side yard line for the required minimum depth, as specified by the zoning district in which such lot is located, measured perpendicular to the rear lot line. (See Figure 20.72-3)
Yard, Reverse Corner Side. "Reverse corners side yard" means a side yard of a reverse corner lot which abuts a public street. (See Figure 20.72-3)
(Ord. No. 12-09-39, § 2(18.3), 9-24-12; Ord. No. 13-03-12, § 18, 3-25-13; 14-07-29, § 2, 7-14-14; Ord. No. 14-09-48, § 4, 9-22-14; Ord. No. 15-03-09, §§ 3, 18, 3-9-15; Ord. No. 18-11-73, § 3—5, 11-26-18; Ord. No. 19-02-13, §§ 45, 46, 2-11-19; Ord. No. 21-09-69, §§ 11—15, 9-13-21)
72 - GENERAL TERMS DEFINITIONS
This chapter contains definitions for general terms used throughout the title.
(Ord. No. 12-09-39, § 2(18.1), 8-24-12)
The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction:
A.
The singular number includes the plural, and the plural the singular.
B.
The present tense includes the past and future tenses, and the future tense includes the present.
C.
The word "shall" is mandatory, while the word "may" is permissive.
D.
Both of the terms "shall not" and "may not" are prohibiting.
E.
The masculine gender includes the feminine and neuter.
F.
Whenever a defined word or term appears in the text of this title, its meaning shall be construed as set forth in the definition. Any word appearing in parenthesis, between a word and its definition herein, shall be construed in the same sense as that word. Words not defined shall be interpreted in accordance with the definitions considered to be normal dictionary usage.
G.
If a definition contains a regulation and the use is inconsistent with that regulation, the use is prohibited.
(Ord. No. 12-09-39, § 2(18.2), 8-24-12)
"Abut" means to share a common lot line or zoning district boundary without being separated by a street or alley.
"Accessibility ramp" means a ramp or similar structure that provides wheelchair or similar access to a building.
"Accessory structure" means a structure located on the same lot with the principal building and is customarily incidental and subordinate to the use of the principal building.
"Addition or enlargement" means any construction that increases the size of a building or structure in terms of site coverage, height, length, width or floor area.
"Alley" means a public way not exceeding twenty-five feet in width at its intersection with a street, customarily used for ingress to and egress from service entrances of buildings.
"Alteration" means any change in the size, shape, character, occupancy, or use of a building or structure.
"Amateur (HAM) radio equipment" means an amateur (HAM) radio station licensed by the Federal Communications Commission (FCC), including equipment such as, but not limited to, a tower or alternative tower structure supporting a single, radiating antenna platform and other equipment.
"Architectural feature" means a part, portion, or projection that contributes to the aesthetics of a building or structure, exclusive of signs, that is not necessary for the structural integrity of the building or structure, or to make said building or structure habitable.
"Arbor" means a freestanding structure used in a garden to support vines or climbing plants.
"Arrays" means a group of antennas arranged by a wireless telecommunications service provider and placed on a tower, structure, or building at a given height aboveground to provide the desired directional characteristics.
"Attention getting device" means any pennant, flag, festoon, valance, propeller, pole covers, spinner, streamer, balloons, changing colors, rotating or moving displays and any similar device or ornamentation designated for the purposes of attracting attention, promoting or advertising.
"Awning" means a roof-like cover, often of fabric or metal, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk or door. For "awnings" used as a sign, see "sign, awning."
"Balcony" means a platform which projects from the exterior wall of a building above the ground floor, which is exposed to the open air, has direct access to the interior of the building, and is not supported by posts or columns extending to the ground.
Banner. See "sign, banner."
"Basement" means that portion of a building located partly underground, but having one-half or less of its clear floor-to-ceiling height below the average grade of the adjoining ground. A basement is counted as a story for the purposes of height regulation.
"Bay window" means a window which projects outward from the building, beginning at least two feet above ground, which does not rest on the building foundation or on the ground.
"Berm" means an earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise or fulfill other such purposes.
"Block" means a tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways or a corporate boundary line of the village of Mundelein.
"Blockface" means that portion of a block or tract of land facing the same side of a single street and lying between the closest intersecting streets, or between an intersecting street and railroad right-of-way or waterway.
"Blue roof" means a roof designed to store water and discharge water, typically rainfall.
"Broadcast entertainment" means transmission of a program or information by radio, television, or fiber/internet.
"Buffer yard" means land area with landscape plantings and other components used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
"Build-to-line" means the specific distance from the lot line along which a building facade must be built. A zero-foot build-to-line requires a building facade to be built along that lot line."
"Buildable area" means the space remaining on a zoning lot after the minimum open space requirements of this title have been complied with.
"Buildable lot" means a lot on which a building or other structure may be erected in conformity with zoning and building code requirements.
"Building" means any structure with substantial walls and roof securely affixed to land and entirely separated on all sides from any similar structure by space or by walls in which there are no communicating doors, windows or similar openings.
"Building coverage" means the portion of a lot that is occupied by buildings or structures, including accessory structures, expressed as a percentage of total lot area.
Building Height, Accessory Structure. "Accessory structure building height" means the vertical distance measured from grade to the highest point of the roof or the highest point of the structure.
"Building Height, Principal Building. The vertical distance measured from grade to:
1.
In the case of a flat roof, the highest point.
2.
In the case of a mansard roof, the deck line.
3.
In the case of a gable, hip or gambrel roof, the mean point between the eaves and the ridge. Chimneys, spires, steeples, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height.
"Building line" means a horizontal line across the portion of the façade of a building that is closest to a property line.
Building, Principal. "Principal building" means a non-accessory building in which a principal use of the lot on which it is located is conducted.
"Bulk" means the term used to describe the size and mutual relationships of buildings and other structures as to size, height, coverage and shape, location of exterior walls in relation to lot lines, the center line of streets, other walls of the same building, and to other buildings or structures, and to all open spaces relating to the building or structure.
"Business" means an occupation, employment, or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
"Caliper" means the American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six inches above the ground for trees up to and including four inch caliper size, and as measured at twelve inches above the ground for larger sizes.
"Canopy" means a structure, other than an awning, made of materials such as canvas, or materials with a frame, either attached to a building or projecting from a building, and carried by a frame supported by the ground or sidewalk. For "Canopies" with signs see "sign, canopy."
"Cardholder" means a qualifying patient allowed the medical use of cannabis or a designated caregiver who has been issued and possesses a valid registry identification card by the department of public health.
"Carnival/circus" means a traveling or transportable group or aggregation of rides, shows, games, or concessions or any combination thereof.
"Cellar" means a part of a building having more than one-half of its height below the average grade of the adjoining ground. A "cellar" is not counted as a story for the purposes of building height.
"Chimney" means a vertical shaft of reinforced concrete, masonry or other approved material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid or gaseous fuel.
"Christmas tree sales lot" means a retail sales operation, generally conducted wholly outdoors, that offers for sale on a temporary, limited basis Christmas trees and related holiday items such as wreaths and Christmas tree stands.
"Collocation" means placement of wireless telecommunications equipment from more than one service or service provider on a single tower or site.
"Commercial vehicle" means a vehicle owned and used for commercial purposes, such as the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not-for-hire.
"Conforming structure" means any structure that complies with all the regulations of this title, or any amendment hereto, governing bulk for the zoning district in which such structure is located or is designed or intended for a conforming use.
"Contiguous" means adjoining or abutting.
"Cul-de-sac" means a local residential street with only one outlet and having an appropriate terminus for the safe and convenient reversal of traffic movement.
"Curb level" means 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 of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the "curb level."
"Deck" means a deck is a roofless outdoor space built as an aboveground platform projecting from the wall of a building and is connected by structural supports at grade or by the building structure.
"Decorative lawn edging" means landscape borders, made of stone, brick, wood, plastic, concrete, metal or similar materials, used to transition from lawn to planting beds or from lawn to hardscape, such as walkways and patios.
"Designated caregiver" means a person who: (1) is at least twenty-one years of age; (2) has agreed to assist with a registered qualifying patient's medical use of cannabis; (3) has not been convicted of an excluded offense; and (4) assists no more than one registered qualifying patient with his or her medical use of cannabis.
"District" means a portion of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title.
"Driveway" means an access strip of land providing a vehicular connector between the street and a parking space or garage.
"Dwelling" means a structure or portion thereof designed for occupancy by one family or household for residential purposes as a single housekeeping unit. In no case shall a motor home, trailer coach, tent, or portable building be considered a "dwelling."
Dwelling, Attached. "Attached dwelling" means a dwelling designed as a single structure, containing separate dwelling units, each of which is designed to be occupied as a separate permanent residence for one family or household. Each dwelling is separated from the other by a wall extending from the ground to the roof or a ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
Dwelling, Detached. "Detached dwelling" means a dwelling entirely surrounded by open space on the same lot.
"Dwelling unit" means a dwelling unit consists of a group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family or household, which include permanently installed bathroom and kitchen facilities.
"Easement" means land designed by lawful agreement between the owner(s) of the land and a person(s) for a specified use only by such person(s).
"Eave" means the projecting lower edges of a roof overhanging the wall of a building.
"Electrical generator" means a device for generating electrical energy.
"Encroachment" means the extension or placement of any structure or building, or component of such, into a required setback.
"Enclosed locked facility" means a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a medical cannabis cultivation center's agents or a dispensing organization's agents working for the registered cultivation center or the a registered dispensing organization to cultivate, store, and/or distribute cannabis to registered cardholders for medical use by registered qualifying patients.
"Entertainment" means any activity provided for pleasure, enjoyment, recreation, relaxation, diversion, or other similar purpose, through touch, taste, sight, sound, or smell, any of the following either individually or collectively: music, theatrical performances, guest speakers, poetry reading, exhibitions, spectating of sports, games, or other similar activity. Entertainment includes live entertainment and broadcast entertainment.
"Erect" means to build, construct, attach, hang, place, suspend or affix.
"Exterior stairwell" means one or more flights of stairs and the necessary landings and platforms connecting them to form a continuous passage from the entryway of a floor or level to another in a building or structure located on the exterior of a principle building.
"Family" means one or more persons related by blood, marriage or civil union, legal adoption or guardianship, including foster children, or not more than three persons not so related, together with gratuitous guests and domestic servants, occupying a dwelling unit as an individual housekeeping organization.
"Farmer's market" means the seasonal selling or offering for sale of home-grown vegetables or produce, occurring in a pre-designated area where the vendors are generally individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.
"Fence" means an artificially constructed barrier of wood, masonry, stone, wire, metal or other combination of materials erected to enclose, screen or separate areas.
"Firearm" means a weapon, such as a handgun, pistol or rifle, capable of firing a projectile and using an explosive charge as a propellant.
"Flags" means flags, symbols or crests of nations, of any organization or nations, states and cities, fraternal, religious and civic organizations.
"Floor area ratio (FAR)" means the combined floor area of all the floors, measured from inner walls, of a building divided by the area of the zoning lot on which it is located.
"Food truck or food/beverage cart" means a vehicle equipped with facilities for cooking and/or selling food, and/or beverages for immediate consumption. A food truck does not include an ice cream truck operator.
"Footcandle" means a unit of illumination. It is equivalent to the illumination at all points that are one foot distant from uniform source of one candlepower.
Frequency. The term "frequency" signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.
"Fully-enclosed permanent structure" means structural walls on four sides, windows, ceilings/roofs, and floors.
"Garage" means a building, either attached or detached, used or designed to be used for the parking and storage of vehicles by those residents upon the premises.
"Gazebo" means a freestanding outdoor structure designed for recreational use and not for habitation.
"Grade" means when measuring building height from "grade," "grade" is established at the sidewalk opposite the center of the front building facade.
"Green roof" means a building roof partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems.
Greenhouse, Private. "Private greenhouse" means a building or structure constructed chiefly of glass, glasslike or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants.
"Ground floor transparency" means the total window area of the ground floor, not including mullions and glass doors, divided by the total facade area located between two feet above grade to ten feet above grade. If the entry door is constructed of glass, it is counted as part of transparency. In order to meet the transparency requirements, the window area must be comprised of glass that is tinted no more than twenty percent and a viewer must have a line of sight to the inside of the establishment from outside.
"Hedge" means a row of closely planted shrubs, bushes, or any kind of plant forming a boundary or fence.
"High security fence" means a solid masonry or metal fence between six feet and eight feet in height enclosing a medical cannabis cultivation center.
"Home occupation" means an occupation carried on in a dwelling unit by the resident, where the use of the dwelling unit for the occupation is secondary to the use of the dwelling unit for residential purposes.
"Impervious surface" means a measure of intensity of land use that represents the portion of a site that is occupied by buildings, structures, pavement, and other impervious surfaces that do not allow for the absorption of water. Impervious surface includes, but is not limited to: buildings, detached garages, sheds, driveways, concrete, brick pavers, decks, patios, pools and hot tubs, porches, stoops, and any other structures that would impede the absorption of water. The zoning administrator, by request, will review any permeable pavement designs to determine whether there is an opportunity to reduce the impervious surface coverage calculation.
"Incompatible use" means a use that is incapable of direct association with certain other uses because it is contradictory, incongruous or discordant.
"Intensity of use" means for the purposes of this title, "intensity of use" is defined as square feet of gross floor area, number of dwelling units, number of employees, or other factor used as a basis for requiring parking or loading facilities.
Lighting, Fully Shielded. "Fully shielded lighting" means a fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
Lighting, Unshielded. "Unshielded lighting" means a fixture that allows light, either directly from the lamp or indirectly from the fixture or a reflector, to be emitted above the horizontal plane running through the lowest point on the fixture where light is emitted.
"Loading berth" means a space within a loading facility exclusive of driveways, aisles, maneuvering areas, ramps, columns, landscaping areas, office, and work areas for the temporary parking of a commercial vehicle while loading or unloading goods or materials, and which abuts upon a street, alley, or other appropriate means of access.
"Logo" means a business trademark or symbol.
"Lot" means a parcel or tract of land located within a single block, occupied, or intended for occupancy, by one principal building or principal use, and having frontage upon a street.
"Lot area" means the computed area of the lot contained within the lot lines.
"Lot depth" means the mean distance from the front lot line to the rear lot line measured generally parallel to the side lot lines.
"Lot frontage" means a lot line along a street.
"Lot line" means a property boundary line of a lot. Where any portion of the lot extends into an abutting street or alley, the lot line shall be deemed to be the established or existing street or alley right-of-way line.
Lot Line, Corner. "Corner lot line" means the lot line that is perpendicular or approximately perpendicular to the front lot line, which is the longest street lot line of a corner lot abutting a street.
FIGURE 20.72-1: CORNER AND INTERIOR LOTS
Lot Line, Front. "Front lot line" means the lot line that abuts a street. For the purposes of this title, the "front lot line" of a corner lot is the shortest street lot line of a corner lot abutting a street.
Lot Line, Interior Side. "Interior side lot line" means the lot line that is not abutting a street and is not a rear lot line.
Lot Line, Rear. "Rear lot line" means the lot line that is most distant from and is, or is approximately, parallel to the front lot line.
Lot Line, Side. "Side lot line" means a lot line that is not a front lot line or a rear lot line, which may be an "interior side lot line" or "corner side lot line."
"Lot of record" means a lot that is part of a subdivision, the plat of which has been recorded in the office of the Lake County recorder of deeds, or a parcel of land separately described as a single tract of land in a recorded deed.
Lot width" means the horizontal distance between side lot lines measured along a line parallel to the front lot line along the minimum front setback.
Lot, Corner. "Corner lot" means a lot situated at the junction of, and abutting on, two or more intersecting streets. (See Figure 20.72-1: Corner and Interior Lots)
Lot, Double Frontage. "Double frontage lot" means a lot having frontage on two nonintersecting streets creating two front lot lines.
Lot, Interior. "Interior lot" means a lot other than a corner lot or a through lot. (See Figure 20.72-1)
Lot, Reverse Corner. "Reverse corner lot" means a corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. (See Figure 20.72-2: Reverse Corner Lot)
FIGURE 20.72-2: REVERSE CORNER LOT
Lot, Zoning. "Zoning lot" means a tract of land located within a block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. A "zoning lot" may or may not coincide with a "lot of record."
"Luminaire" means a complete lighting unit extending from a support structure, parallel to the ground, consisting of a light source and all necessary mechanical, electrical and decorative parts. A "luminaire" does not include a pole or other support.
"Medical cannabis infused product" means food, oils, ointments, or other products containing usable medical cannabis that is not smoked.
"Motor vehicle" means any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.
"Nonconforming lot" means a lot of record that does not meet the lot area or lot width requirements of this title for the zoning district in which it is located.
"Nonconforming use or structure" means an existing use or structure, or part or appurtenance thereof, not in conformance with the requirements of this title.
"Off-street parking" means the storage space for an automobile on premises other than streets or rights-of-way.
"On-right-of-way parking" means the storage space for an automobile that is located within the street right-of-way.
"Outdoor display and sales area" means part of a lot used for outdoor sales and/or display of goods accessory to the principal use.
"Outdoor fireplace" means a self-contained, manufactured noncombustible cooking unit provided with a tight-fitting screen or lid and supported off the ground by non-combustible legs.
"Outdoor storage" means the keeping of any goods, material, merchandise or equipment not within an enclosed building, including incidental maintenance and repair of the material that is being stored.
"Owner" means a titleholder of record, or if title is held in trust, the beneficiary of the trust or the person or persons who have acquired any interest in the property by contract or purchase or otherwise.
"Parapet" means the extension of a false front or wall above a roof-line.
"Parkway" means the area, excluding the sidewalk, if any, between the property line and the curb or, in the absence of a curb, between the property line and the nearest edge of the street paving.
"Party wall" means a wall starting from the foundation and extending continuously through all stories to or above the roof, that separates one building from another, but is in joint use by each building.
"Patio" means an impervious surface, no higher than one foot above the ground, designed and intended for recreational use by people and not as a parking space.
"Person" means for the purposes of this title, any individual, corporation, association, firm, partnership or joint venture.
"Porch" means a structure, which can be enclosed or unenclosed, that projects from the exterior wall of a building, has direct access to the street level of the building, and is covered by a roof or eaves. An "unenclosed porch" is a porch that is open on two or more sides. An "enclosed porch" is a porch that is enclosed by walls, screens, lattice or other material on two or more sides. A screened-in porch shall be considered an "enclosed porch."
"Private free libraries" means small enclosed structures used solely as a means for the free exchange of literary material and recorded performing arts.
"Property line" means the lines bounding a zoning lot.
"Public use area (for parking standard calculations)" means the area within a use where the public or a substantial number of the public has access to, including but not limited to, such areas as dining rooms, restrooms, bar seating, display areas, etc.
"Public utility" means any person, firm, corporation or municipal department, duly authorized to furnish under public regulation to the public cable television, electricity, gas, steam, telephone, telegraph, transportation or water.
"Pumpkin patch" means a retail sales operation, generally conducted wholly outdoors, that offers for sale on a temporary, limited basis pumpkins and related holiday (Halloween) items.
"Railroad right-of-way" means a strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, or water towers.
"Recreational vehicle" means a vehicular or watercraft unit, which is designed for travel, recreational and vacation use, and which is self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, boats, camping trailer, truck camper, motor home, fifth-wheel trailer, or van.
"Real estate model unit" means a residential unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental in a particular subdivision or other residential development. Model units may also incorporate sales or rental offices for dwellings within the development.
"Recyclable material" means reusable material, including without limitation metals, glass, plastic, paper, concrete and organic material which is intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous material.
"Residential district" means a residential district shall mean any area zoned and used for residential purposes.
"Right-of-way" means any street, avenue, boulevard, highway, sidewalk, alley, or similar place which is owned or controlled by a governmental entity.
"Roofline" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.
"Salt dome" means a temporary or permanent structure used to store road salt for the on-site use of the principal use of the lot.
"Satellite dish antenna" means a dish antenna designed for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication or other signals from other antennas, satellites or other services.
"Setback" means the required minimum distance a building or structure, or other improvement on a lot, must be located from a lot line.
"Shed" means a relatively small accessory structure often purchased pre-built or as a kit in pre-fabricated sections. It is not designed to be served by heat, electricity, or plumbing and does not need to be placed on a permanent foundation. A "shed" is typically intended to store lawn, garden, or pool care equipment.
"Shadow flicker" means the on-and-off strobe light effect caused by the shadow of moving blades cast by the sun passing above the turbine. "Shadow flicker" intensity is defined as the difference or variation in brightness at a given location in the presence and absence of a shadow.
"Shopping center" means a group of retail and other commercial establishments that is planned, owned and managed as a single property. The center's size and orientation are generally determined by the market characteristics of the trade area served by the center. The two main configurations of shopping centers are malls and strip centers. A "shopping center' may also be referred to as a "commercial center."
"Solar collector" means an assembly, structure, or design, including passive elements, that collects and converts direct sunlight as a source of energy for such purposes as heating or cooling a structure, heating or pumping water, or generating electricity. Examples of solar collectors include photovoltaic cells, evacuated tubes, and solar shingles.
"Solar energy system" means a complete assembly, structure, or design of solar collector, or a solar storage mechanism, which uses solar energy for generating electricity or for heating or cooling gases, solids, liquids, or other materials.
"Solar storage mechanism" means equipment or elements (such as piping and transfer mechanisms, containers, heat exchangers, or controls thereof, and gases, solids, liquids, or combinations thereof) that are utilized for storing solar energy, gathered by a solar collector, for subsequent use.
"Split rail fence" means a type of fencing composed of logs which have been split lengthwise and positioned horizontally as rails between posts.
"Stacking space" means a space specifically designated as a waiting area for vehicles patronizing a drive-through establishment.
"Stockade fence" means a type of fencing composed of contiguous or closely spaced, vertical stakes or posts made of wood which come to a point. Stockade fences are not inclusive of dog-eared or picket fences.
"Stoop" means an exterior floor typically, but not necessarily, constructed of concrete and/or masonry, with a finished floor elevation higher than the adjacent ground level, often with steps leading up to it, and utilized primarily as an access platform to a building. A "stoop" may be roofed and designed with railings, but cannot be enclosed. A "stoop" is often referred to as a "portico."
"Story" means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
"Street" means an improved right-of-way that affords a primary means of access to abutting property.
"Street line" means a line separating an abutting lot, piece or parcel, from a street.
"Street wall" means the wall of a building nearest to and facing on a street.
"Structural alteration" means any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or exterior walls.
"Structure" means anything erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground.
Structure, Temporary. "Temporary structure" means any structure not designed to be permanently located, placed or affixed in the place where it is or where it is intended to be placed.
"Sun glint" means the reflection of sunlight off of a surface, as in the case of the blades, tower or other component of a wind energy facility.
"Swimming pool" means a receptacle for water and/or an artificial pool of water over twenty-four inches in depth, either at a private residence intended only for the use of the individual owner, his family and friends, or at a multi-family residence intended only for the use of the tenants of the building, their families and friends.
"Temporary contractor trailer" this use includes watchman's trailers, construction equipment sheds, contractor trailers and similar uses incidental to a construction project and sales of homes within a newly constructed development.
"Temporary storage container" means temporary self-storage containers delivered to residential or commercial uses for the resident or business owner to store belongings, and then picked up and returned to a warehouse until called for. Also known as "PODS" ("portable on-demand storage" containers).
"Terrace" means a level plane, or platform, which for the purpose of this title is located adjacent to one or more faces of the main structure and which is constructed not more than four feet in height above the average level of the adjoining ground.
"Townhouse structure" means the grouping of multiple townhouse units (three or more) that are attached to one another.
"Townhouse unit" means a living space occupied by a single entity that is attached to other similar living spaces.
"Trellis" means a frame made of bars of wood or metal crossed over each other, fixed to a wall, to support vines or climbing plants.
"Use" means the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
Use, Accessory. "Accessory use" means a use that is customarily incidental and subordinate to the principal use of a lot or the main building thereon and located on the same lot as the principal use or building.
Use, Permitted. "Permitted use" means a use permitted in a zoning district without the need for special administrative review and approval, upon satisfaction of the standards and requirements of this code.
Use, Principal. "Principal use" means the main use of land or structure as distinguished from an accessory use.
Use, Special. "Special use" means a use that owing to some special characteristics attendant to its operation or installation is permitted in a zoning district only after review, and is subject to approval by the village board.
"Wall" means a constructed solid barrier of concrete, stone, brick, tile or similar type of material that closes, marks, or borders a field, yard, or lot, and that limits visibility and restricts the flow of air and light.
"White roof" means a roof designed to deliver high solar reflectance, reducing heat transfer to the building and the ability to radiate absorbed, or non-reflected solar energy.
"Yard" means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise permitted by this title. (See Figure 20.72-3: Yards)
Yard, Corner Side. "Corner side yard" means the required minimum distance a structure or other improvement on a lot must be located from a corner side lot line. The corner side yard extends along the corner side lot line between the front yard line and the rear lot line, for the required minimum depth, as specified for the district in which such lot is located, measured perpendicular to the corner side lot line. (See Figure 20.72-3)
Yard, Front. "Front yard" means the required minimum distance a structure or other improvement on a lot must be located from a front lot line. The front yard extends the full width of the lot between side lot lines for the required minimum depth, as specified by the zoning district in which such lot is located, measured perpendicular to the front lot line. (See Figure 20.72-3)
Yard, Interior Side. "Interior side yard" means the required minimum distance a structure or other improvement on a lot must be located from an interior side lot line. The interior side yard extends along an interior side lot line between the front and rear yard, for the required minimum depth, as specified for the district in which such lot is located, measured perpendicular to the interior side lot line. (See Figure 20.72-3)
Yard, Rear. "Rear yard" means the required minimum distance a structure or other improvement on a lot must be located from a rear lot line. The rear yard extends between interior side lot lines for the required minimum depth, as specified by the zoning district in which such lot is located, measured perpendicular to the rear lot line. In the case of a corner lot, the rear yard extends between the interior side lot line to the corner side yard line for the required minimum depth, as specified by the zoning district in which such lot is located, measured perpendicular to the rear lot line. (See Figure 20.72-3)
Yard, Reverse Corner Side. "Reverse corners side yard" means a side yard of a reverse corner lot which abuts a public street. (See Figure 20.72-3)
(Ord. No. 12-09-39, § 2(18.3), 9-24-12; Ord. No. 13-03-12, § 18, 3-25-13; 14-07-29, § 2, 7-14-14; Ord. No. 14-09-48, § 4, 9-22-14; Ord. No. 15-03-09, §§ 3, 18, 3-9-15; Ord. No. 18-11-73, § 3—5, 11-26-18; Ord. No. 19-02-13, §§ 45, 46, 2-11-19; Ord. No. 21-09-69, §§ 11—15, 9-13-21)