1. Applicability. The rules and definitions contained in this Article shall be observed and applied except when the context clearly indicates otherwise.
2. Rules. The following rules shall apply to the text of this Ordinance:
   1. Words used in the present tense shall include the future.
   2. Words used in the singular number shall include the plural number, and the plural the singular.
   3. The words “shall” and “will” are mandatory and not discretionary.
   4. The word “may” is permissive.
   5. The masculine gender includes the feminine and neuter.
   6. The word “person” means an individual, association, corporation, estate, joint venture, partnership, trustee or other legal entity capable of holding title to real property.
   7. Whenever a word or term defined appears in the text of this Ordinance, its meaning shall be construed as set forth in the definition, and any word appearing in parentheses directly after a word defined shall be construed in the same sense as the word.
   8. The word “building” includes “structure”, “building” or structure” includes any part thereof; “used” or “occupied” as applied to any land or building shall be construed to include the word “intended, arranged, or designed to be used or occupied”.
   9. Terms not herein defined shall be defined as specified in Webster’s New Collegiate Dictionary – 1991 Edition.
      

The following definitions shall apply in the interpretation and enforcement of this Ordinance:

"Abut." To physically touch or border upon, or to share a common property line.

"Access." A way or means of approach to provide physical entrance to a property.

"Accessory Use Or Structure." A use or structure on the same lot with, and of nature customarily incidental and subordinate to, the principal use or structure.

"Adult Business Uses." Any use which customarily excludes minors by reason of age, for reasons other than the sale or consumption of alcoholic beverages on the premises. These include:

1. Adult Book and Video Stores – Establishments which have, as a portion of its stock in trade books, magazines, videotapes or other periodicals, and which, in accordance with law, deny admittance to minors by virtue of age.
2. Adult Motion Picture Theaters – Establishments where motion pictures, slides, or similar photographic reproductions are shown, on a regular basis, and which, in accordance with law, deny admittance to minors by virtue of age.
3. Adult Entertainment Use – Establishments which feature: topless dancers; go-go dancers; exotic dancers’ strippers; male or female impersonators; or similar entertainers.
4. Adult Massage Parlors – Establishments not accessory to a hospital, medical clinic or office, nursing home, beauty parlor, barbershop, exercise salon or health club, where manipulated massage or manipulated exercises are practiced, for pay, upon the human body.

"Agriculture." Land, including necessary buildings, dwelling or dwellings and other structures shall be considered used for agriculture if the principal use thereof is the raising or keeping of livestock and/or the growing of crops.

"Alley." A dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property.

"Amusement Facility." An area or structure, open to the public, which contains coin-operated games and similar entertainment and amusement devises.

"Amusement Park." An outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for shows and entertainment.

"Anchor Tenant." A major store in a shopping center.

"Animal Hospital." Any building or portion thereof designed or used for the care, observation of treatment of domestic animals.

"Antenna." An apparatus, external to or attached to the exterior of a building, together with any supporting structure for sending or receiving electromagnetic waves.

"Apartments, Low-Rise." An apartment building containing not more than three stories.

"Applicant." The owner, contract purchaser or designated legal representative who proposes to file a request for appeal, variation, special use permit, or amendment pursuant to the provisions of this Ordinance or, a person submitting an application for development. Consent shall be required from the legal owner of the premises.

"Association, Homeowner." A private association that is organized for a development, in which individual homeowners share common interest in open space or facilities.

"Automobile Service Station, Mini-Mart." An automobile service station which, in addition to the retail dispensing of vehicular fuels also includes the retail sale of prepackaged, non-prescription drugs and convenience-type food items.

"Automobile Service Station, Full Service." An automobile service station which, in addition to the retail dispensing of vehicular fuels, performs, as an accessory use, automotive maintenance, service, or repair (excluding body work) including, but not limited to, the sale and installation of lubricants, tires, batteries, and similar accessories for automotive vehicles.

"Automobile Service Station, Self Service." An automobile service station where the dispensing of vehicular fuels is performed primarily by individual patrons and which does not perform any manner of automotive maintenance, service, or repair.

"Basement." A story partly or wholly underground. Where more than one-half of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes of measuring height.

"Bed and Breakfast Guest House." An owner-occupied dwelling providing not more than five rooms for overnight accommodations to the public and, if so desired, breakfasts may be served to the guests thereof. Rental is on a transient basis for a fee.

"Berm." A mound of earth, or the act of pushing earth into a mound, used to screen or adorn the perimeter of a lot or development along a public right-ofway, often naturalistic and meandering in nature, and used to provide an aesthetic border to a property.

"Build To Line." A line established along the street frontage that defines where the structure shall be located. A build-to-line is different from a building setback in that structures must be built on the build-to-line.

"Buildable Area." The area of a lot remaining after the minimum yard and open space requirements of the zoning ordinance has been met. Also know as building envelope.

"Building." Any structure that is: substantially enclosed by exterior walls; has a roof supported by columns or walls; and is intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

"Building Coverage." The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.

"Building Height." Height shall be defined as the vertical distance measured from the established average grade at the foundation to the highest point of the roof parapet in the case of a flat roof; to the deck line of a mansard roof and to the mean level between the eaves and the ridge of a gable, hip or gambrel roof. Chimneys, towers, spires, steeples, elevator penthouses, cooling towers, cupolas and other similar projections shall not be included in determining building height.

"Building, Non-Conforming." Any building that does not conform to the regulations of this Ordinance prescribing the use, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located.

"Building Permit." Written permission issued by the Village of Newark, through the Building Enforcement Officer, or other such Building Department official, as defined by ordinance for the construction, repair, alteration or addition to a structure.

"Building, Principal." A non-accessory structure in which the principal use of the zoning lot, on which it is located, is conducted.

"Building Setback Line." The line parallel to the lot line at a distance equal to, or greater than, the depth of the required yard for the zoning District in which the lot is located.

"Building, Temporary." Any building not permanently affixed to the land.

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

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

"Car Wash." A building, structure, or portion thereof, containing facilities for washing motor vehicles.

"Certificate of Zoning." A document issued by the Zoning Enforcement Officer certifying that the building or use has been constructed or will be used in compliance with the Zoning Ordinance.

"Clinic, Medical or Dental." A building, structure, or portion thereof, in which patients who are not lodged overnight are admitted for examination and treatment by two (2) or more licensed medical or dental practitioners.

"Club or Lodge, Private." A non-profit association of persons who are bonafide members paying dues, which owns, hires or leases a building or portion thereof.

"Cluster Subdivision." A single-family residential subdivision, consisting of three (3) or more residential lots, in which the individual lots are clustered, grouped or arranged so as to achieve a more flexible site design for the purpose of:

1. Providing more usable open space.
2. Protecting sensitive natural areas and features.

"Commission." For the purpose of this Ordinance, Commission shall refer to the Plan Commission of the Village of Newark.

"Comprehensive Land Use Plan." The plan for the long range growth and development of the Village, including graphic and written proposals, as formally adopted and amended from time to time by the Village Board.

"Conditions or Restrictions." Provisions and limitations, which may be imposed on a building, structure, parcel of land or use at the time the Village Board grants approval of a variation, amendment, planned development or special use.

"Condominium." A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

"Congregate Housing." A dwelling that provides shelter and services for the elderly, which may include meals, housekeeping, and personal care assistance.

"Contiguous." Next to, abutting, touching and having a boundary, or portion thereof, which is coterminous.

"Convalescent Home." A building or structure which is used, designed or intended for the care of the aged or infirm, or for those suffering bodily disorders, and which does not contain the facilities nor render the services normally associated with a hospital.

"County." Kendall County, Illinois

"Covenants." Specific restrictions placed on individual property parcels that may limit land uses, setbacks, etc. It is the policy of the Village that individuals abide by any applicable covenants.

"Day Care Center." A facility which exclusively provides supplemental parental care and supervision, recreation and/or educational instruction to children or adults during the entire or any portion of the day.

"Decibel." A method of describing differences in sound levels. A logarithmic unit of measurement of the intensity (loudness) of sound.

"Deciduous." Plants that drop their leaves before becoming dormant in winter.

"Deck Line." The intersection of two roof surfaces of a mansard roof forming the highest horizontal line of the steeper roof slope.

"Dedicated Street." A public right-of-way owned by the Village or other public highway agency, and created by designation on a recorded Plat or in a recorded instrument or conveyance accepted by the Village Board or other public highway agency.

"Dedication." The gift or donation of property by its owner to another party.

"Deed." A legal document conveying ownership of real property.

"Density, Gross." The number of dwelling units per acre devoted to residential land development, including streets, street rights-of-way and open space.

"Density, Net." The number of dwelling units per acre devoted to residential land development, excluding streets, street rights-of-way, and open space.

"Detention Basin or Pond." A storage facility for the temporary storage of storm water runoff.

"Deterioration." The marked diminishing of the physical condition of a structure or building.

"Developer." Any person whose concern and intent it is to improve land according the development regulations of the Village of Newark.

"Development." The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.

"Development Ordinance." An ordinance adopted by the Village Board, upon completion of both preliminary and final plan approvals, which includes graphics and other support documentation upon which Village Board approval is based.

"District Boundary Line." A line which marks the separation between two zoning districts.

"Downtown Center." The historic core of activity of Newark

"Drinking Establishment." A building, structure, or portion thereof, where alcoholic beverages are sold to be consumed on the premises, but not including eating establishments, where the principal use is the consumption of food.

"Drive-In Establishment." A business which is operated for the sale and purchase of food and other goods, services or entertainment and which is designed and equipped so as to allow patrons to be served or accommodated while remaining in their automobiles.

"Dry Cleaning Establishment." A business which handles the washing, drying, dry-cleaning and ironing of clothes on the premises, and which may include pick-up and delivery services.

"Dwelling." A building, or portion thereof, designed or used for residential occupancy.

"Dwelling, Multi-Family." A dwelling containing more than two dwelling units.

"Dwelling, Quadruplex." Four attached dwellings in one structure in which each unit has: two open space exposures; shares one or two walls with an adjoining unit or units; and has a main entry at the ground level.

"Dwelling, Single-Family." A building containing one dwelling unit.

"Dwelling, Single-Family Attached." A one family dwelling attached to two or more one-family dwellings by common vertical walls.

"Dwelling, Single-Family Cluster." A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any other means. Lot size may be less than that which would otherwise be required by the regulations of the District for traditional detached single-family housing, in order to preserve natural features of the site and/or provide open space in excess of that required under the terms of the District.

"Dwelling, Single-Family Detached." A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any other means.

"Dwelling, Townhomes." A one-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.

"Dwelling, Two-Family." A structure on a single lot containing two dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

"Dwelling Unit." One dwelling.

"Easement." A grant, by a property owner, for the use of a portion of his land by another party for a specific purpose.

"Easement, Conservation." An easement precluding future or additional development of the land for the purpose of conserving the land in a natural state.

"Easement, Drainage." An easement required for the installation of storm water sewers or drainage ditches and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facility.

"Eating Establishment." A building, structure or portion thereof, within which food is offered for sale and which permits consumption within the building or structure.

"Eave." The projecting lower edges of a roof overhanging the wall of a building.

"Elevation." A vertical distance above or below a fixed reference level; or a scaled drawing of the front, rear or side of a building.

"Façade." The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

"Family." One or more individuals occupying a dwelling unit and living as a single household unit.

"Farming." The use of land for the growing and harvesting of crops; for the feeding, breeding and management of livestock; for dairying or for any other agricultural or horticultural use or combination thereof; including, but not limited to, hay grain, fruit, truck or vegetable crops, nurseries, orchards, forestry and sod; the keeping, raising and feeding of livestock or poultry, including dairying, poultry, swine, sheep, beef cattle, ponies or horses, fur, bees, fish and wildlife.

"Farm Stand." A booth or stall from which produce and farm products are sold to the general public.

"Fast Food Restaurant." An establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.

"Feedlot, Commercial." Concentrated commercial feeding of poultry and livestock in a structure or area in which one hundred (100) or more units of livestock per acre are confined for the production of agricultural products. One (1) unit shall be equivalent to one (1) head of cattle, two (2) hogs, two (2) sheet or ten (10) poultry.

"Fence." A structure which is used as a boundary, protection or means of screening and which is made of manufactured material.

"Flag Lot." A lot where access to the public road is by a narrow strip of land that is part of the platted lot.

"Floodplain." Those areas along rivers and streams subject to periodic flooding. The floodplain is defined by the Flood Boundary and Floodway Map prepared by the Federal Emergency and Management Agency.

"Floodway." The channel of the watercourse and those portions of the adjoining floodplain which are reasonably required to carry and discharge the regional flood.

"Floor Area, Net." The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.

"Floor Area Ratio." The gross floor area of all buildings on a lot divided by the lot area.

"Food Processing Establishment." A commercial establishment in which food is processed or otherwise prepared for human consumption but not consumed on the premises.

"Footcandle." A unit for measuring illumination equal to the amount of direct light thrown by one international candle on a surface one foot away.

"Freight Terminal." A building, structure, parcel of land or portion thereof in which:

1. Freight is shipped by airplane, motor truck or railroad; or
2. Freight is received, assembled, sorted and/or rerouted for local, intrastate or interstate shipment.

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

"Frontage." That side of a lot abutting a street.

"Garage." A building or portion thereof used or designed to be used for parking and storage of vehicles.

"Glare." The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

"Grade." The mean level of the finished surface of the ground adjacent to the exterior walls of a building or structure; the degree of rise or descent of a sloping surface.

"Green Area." Land shown on a development plan, master plan or official map for preservation, recreation, landscaping or park.

"Greenbelt." An open area which may be cultivated or maintained in a natural state surrounding development, or used as a buffer between land uses, or to mark the edge of an urban or developed area; those permanent open space areas as may be illustrated on the Village’s Comprehensive Plan and described in Article 21-7 of this Zoning Ordinance.

"Group Homes." A community residence serving unrelated persons with disabilities, which is licensed, certified, or accredited by appropriate local, state, or national bodies. Group homes do not include residences, which serve persons as an alternative to incarceration for a criminal offense.

"Home Occupation." An occupation for gain or financial support conducted entirely within a principal residential building, or a building or structure accessory thereto.

"Home Professional Office." A home occupation consisting of the office of a practitioner of a recognized profession.

"Homeowners Association." See Association, Homeowners.

"Hospital or Sanitarium." An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty-four (24) hours in every week of three (3) or more non-related individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions, including as an integral part of the institution, related facilities such as laboratories, out patient facilities or training facilities.

"Hotel, Motel, Inn or Auto Court." An establishment containing lodging accommodations designed for use by transients or travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial desk service, restaurants, cocktail lounges, meeting rooms, and ancillary retail uses.

"Impervious Surface." Any material which reduces and prevents absorption of storm water into previously undeveloped land.

"Improvements." Any structure, grading, street surfacing, curbs and gutters, sidewalks, bikeways, cross-walks, water mains, sanitary sewers, storm sewers, drainage ditches, culverts, bridges, trees, and other additions or deletions from the natural state of land which increase its utility or habitability.

"Improvement, Public." Any sanitary sewer, storm sewer, drainage ditch, water main, roadway, parkway, sidewalk, pedestrian-way, planting strip, off-street parking area, or other facility for which the Village of Newark assumes responsibility for maintenance and operation.

"Industrial Park." A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual manufacturing uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

"Institutional Use." A non-profit or quasi-public use or institution such as a church, library, public or private school, hospital or municipally owned or operated building, structure, or land used for public purpose.

"Joint Ownership." The equal estate interest of two or more persons.

"Junk Yard." Any area, lot, land, parcel, building or structure, or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other discarded goods, materials, machinery, or two or more unregistered, inoperable motor vehicles.

"Kennel." Any establishment or premises where more than six (6) dogs or six (6) cats, or any combination thereof, not to exceed a total of six (6), over four (4) months of age are boarded or kept for any purpose whatsoever, with the exception of regularly-established veterinary hospitals, pet shops, pounds or shelters.

"Light Industry." Manufacturing uses which meet the performance standards, bulk controls and other requirements established in the Ordinance.

"Loading Facility." A building, structure, parcel of land, or portion thereof which provides offstreet parking spaces or off-street loading berths and including access ways, driveways and aisles and which is either a principal or accessory use.

"Lot." A parcel or tract of land.

"Lot Area." The area of a horizontal plane bounded by vertical planes containing the front, side and rear lot lines.

"Lot, Corner." A lot of which at least two (2) adjacent sides abut for their full lengths upon street rights-of-way.

"Lot Coverage." The part or percent of the lot occupied by buildings or structures including accessory buildings, pavements, sidewalks, patios or other impervious surfaces.

"Lot Depth." The average horizontal distance between the front lot line and the rear lot line.

"Lot, Double Frontage, or Thorough." A lot which fronts upon two (2) parallel streets, or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.

"Lot, Interior." A lot other than a corner lot with only one frontage on a street.

"Lot Line." A line of record bounding a lot, which divides one, lot from another lot or from a public or private street or any other public space.

"Lot Line, Corner Side." The boundary of a corner lot which abuts a street right-of-way, but is not the front line.

"Lot Line, Front." The boundary of a lot which is along a street right-of-way. For land-locked or partially land-locked parcels of land, the front lot line is that lot line that faces the access to the lot.

"Lot Line, Rear." The boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.

"Lot Line, Side." Any lot line other than a front or rear lot line.

"Lot of Record." A lot which exists as shown or described on a plat or deed in the records of the local registry of deeds.

"Lot Width." The distance between the side lot lines of a lot, measured within the lot boundaries at the minimum required setback line.

"Lot, Zoning." A designated parcel, tract, or area of land established by plat, subdivision, or otherwise permitted by law to be used, developed, or built upon as a single unit under unified ownership or control.

"Manufacture." The production, making or processing of products or commodities for general consumption of the public or for sale to specialized institutions or organizations. Also included is the sub-assembly, fabrications or processing of parts or components for use in other products or commodities.

"Mini-Warehouse." A structure containing separate storage spaces of varying sizes leased or rented on an individual basis. Also knows as self-storage facility.

"Mixed Use Development." The development of a tract of land or building or structure with two or more different uses such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form.

"Mobile Home." A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one or more person.

"Mobile Home Park." A site with required improvements and utilities for the long-term parking of mobile homes, which includes services and facilities for the residents.

"Motor Vehicle." Any self-propelled wheeled conveyance that does not run on rails and that carries passengers, goods and equipment.

"Multi-Use Building." A building containing two or more distinct uses.

"Noise." An undesirable audible sound.

"Noise Pollution." Continuous or episodic excessive noise in the human environment.

"Non-Conforming Building." Any building or structure lawfully established which: (a) does not comply with all the regulations of the Ordinance or any amendment hereto governing bulk of the district in which such building or structure is located; or (b) is designed or intended for a non-conforming use.

"Non-Conforming Use." Any use of land, buildings, or structures, lawful at the time of the enactment of this Ordinance but which does not comply with all the regulations of this Ordinance governing use for the zoning district in which such use is located.

"Nuisance." An interference with the enjoyment and use of a property.

"Nursery School." An institutional facility for preschool children.

"Nursing Home." An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

"Octave Band." A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

"Odor Threshold." The minimum concentration of odorous matter in the air that can be detected as an odor.

"Off-Site." Any premises not located within the area of the property to be subdivided or developed, whether or not in the same ownership of the applicant for subdivision or development approval.

"Off-Street Parking and Loading Facility." A building, structure, parcel of land, or portion thereof which provides off-street parking or off-street loading spaces; includes access ways, driveways and aisles; and is either a principal or accessory use.

"Off-Street Parking or Loading Space." An open, hard-surfaced area of land, other than a right-of-way, an access, a driveway or an aisle and the principal use of which is for the standing, loading and unloading of motor vehicles.

"On-Site." Located on the lot or parcel that is the subject of an application for development or subdivision approval.

"On-Street Parking." A temporary storage area for a motor vehicle, which is located on a dedicated street right-of-way.

"Opacity." The quality or state of an object that renders it impervious to the rays of light; the degree of non-transparency.

"Open Area." That area of a lot, parcel, or tract that is not covered by a building or structure.

"Open Space." Any parcel or area of land or water essentially unimproved or otherwise devoid of buildings or other structures and paved areas, and set aside, dedicated, designated, or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space.

"Ordinance." Reference to “Ordinance” shall be construed as the Village of Newark Zoning Ordinance.

"Outdoor Storage." The keeping, in an area external to a principal or accessory structure, of any goods, material or merchandise in the same place for more than 24 hours.

"Overhang."

1. The part of a roof or wall which extends beyond the façade of a lower wall; and
2. The portion of a vehicle extending beyond the curb.

"Owner." Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in land for which a request has been filed with the Village for: appeal; variance; special use permit; rezoning; amendment; subdivision; site plan review; or building permit.

"Parapet." The extension of the main roof walls of a building above the roof level.

"Parcel." A lot or tract of land.

"Parking Area or Lot." A suitably surfaced and maintained area exclusive of any street, alley or other access way, designed or used for the temporary storage of motor vehicles.

"Parking Space." An enclosed or unenclosed area permanently reserved for the temporary storage of one (1) automobile and appropriately connected with a street or alley by a driveway affording adequate ingress and egress.

"Parkway." The area between the back of the curb or edge of pavement and the sidewalk or, where there is no sidewalk, the area between the back of the curb or edge of pavement and the edge of the street right-of-way.

"Patio." A level, landscaped and/or surfaced area directly adjacent to a principal building at or within three feet of the finished grade and not covered by a permanent roof.

"Pedestrian." An individual who travels on foot.

"Percolation." Downward flow or infiltration of water through the pores or spaces of rock or soil.

"Performance Standard." Criteria established to regulate uses according to their effects. Such criteria are noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, and glare or heat.

"Perimeter." The boundaries or borders of a lot, tract or parcel of land.

"Permitted Use." Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

"Plan Review Committee." The group that meets with a petitioner during the pre-application review stage of the zoning and site plan approval process. The committee includes Village staff and its consultants; one or more representatives of the Plan Commission; and other corporate officials as determined necessary for a full review of the proposed planned development.

"Planned Development." A parcel of land or contiguous parcels of land of size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located.

"Plan Commission." Members of the Newark Plan Commission as constituted by Ordinance and appointed by the Village President with the advice and consent of the Board of Trustees.

"Plat." A map representing a tract of land; showing the boundaries and location of individual properties and streets.

"Plat, Final." The final map of all or a portion of a subdivision or site plan which is presented to the Village Board for final approval.

"Plat, Preliminary." A preliminary map indicating the proposed layout of the subdivision or site plan, which is submitted to the Plan Commission and Village Board for consideration and preliminary approval.

"Porch." A roofed open area, which may be screened, usually attached, with direct access to a building.

"Premises." A lot, parcel, tract or plot of land together with the buildings and structures thereon.

"Private Improvement." Any installed or constructed facility for which the responsibility of maintenance and ownership will be retained by the owner or a private association.

"Private Street." Any road that is used for access and circulation, where the ownership and maintenance responsibilities are borne by the owner or private association.

"Professional Office." The office of a member of a recognized profession, maintained for the conduct of that profession.

"Prohibited Use." A use that is not permitted in a zoning district.

"Property Lines." The lines bounding a lot.

"Public Housing." Housing that is constructed, bought, owned, or rented and operated by a local housing authority for low-income families.

"Public Notice." The advertisement of a public hearing in a paper of general circulation in the area and through the other media sources, indicating the time, place and nature of the public hearing.

"Public Street." All major, collector or local streets which are shown and dedicated for public use for which the ownership and maintenance responsibility is borne by the Village or other public agency.

"Public Walkway." A right-of-way dedicated for the purpose of a pedestrian access and located so as to connect two (2) or more streets, or a street and a public land parcel.

"Quorum." A majority of the full authorized membership of the Plan Commission, Zoning Board of Appeals or Village Board.

"Recreational Area." A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.

"Recreational Vehicles." Every vehicle originally designed or permanently converted and primarily used for temporary living quarters or human habitation, and not used as a commercial vehicle, including any house car, house trailer, camper or private living coach.

"Repair Garages." Any building, premises or land in which, or upon which, a business service or industry, involving the maintenance, servicing, repair or painting of vehicles, is conducted or rendered.

"Resort." A facility for transient guests where the primary attraction is generally recreational features or activities.

"Restaurant." Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including a café, cafeteria, coffee shop, lunchroom, drive-in stand, tearoom and dining room. The serving of alcoholic beverages may be included in a restaurant when served with, and incidental to meals.

"Restrictive Covenant." A restriction on the use of land usually set forth in the deed.

"Retail Services." Establishments providing services or entertainment, as opposed to products, to the general public, including, but not limited to: eating and drinking places; hotels and motels; finance; real estate and insurance; personal services; motion pictures; amusement and recreation services; health, educational and social services; and museums and galleries.

"Retail Trade." Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

"Retaining Wall." Structure constructed to hold back, or to support, an earthen bank.

"Retention Basin or Pond." A pond, pool, or basin used for the storage of storm water runoff that maintains a permanent pool of open water.

"Rezone." To change the zoning classification of a parcel or parcels of land.

"Right of Way." A strip of land dedicated to the public and occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term “right-of-way” for land platting purposes shall mean every right-of-way hereafter established and shown on a final plat and shall be separate and distinct from the lots or parcels adjoining such right-ofway, which are not included within the dimensions or areas of lots or parcels. Right-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the preparer of the plat on which such right-of-way is established.

"Right of Way Width, Street." The distance between property lines measured at right angles to the: center line of the street.

"Roof." The outside top covering of a building.

"Roof, Flat." A roof which is not pitched and the surface of which is parallel to the ground.

"Roof, Gable." A ridged roof forming a gable at both ends of the building.

"Roof, Gambrel." A gabled roof with two slopes on each side, the lower steeper than the upper.

"Roof, Hip." A roof with sloping ends and sides.

"Roof, Mansard." A roof with two slopes on each of four sides, the lower steeper than the upper.

"School." A building, or group of buildings, maintained by the public or by a private organization for the purpose of education and which is accredited by the State of Illinois.

"Screening." A structure erected or vegetation planted for the purpose of concealing from view the area behind it.

"Setback." The minimum horizontal distance between the street-right-of-way line or front line and/or corner side lot line of a lot and the nearest wall or overhang building or structure adjoining such right-of-way or lot line.

"Setback Line." The line, which represents the required minimum distance from the street right-of-way line, or any other lot line, that establishes the area within which the principal structure must be erected or placed.

"Shopping Center." A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, and provision for goods delivery separated from customer access.

"Sidewalk." A paved surface or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

"Sign." See Article 21-17.

"Sign Area." See Article 21-17.

"Smoke." The visible discharge from a chimney, stack, vent, exhaust or combustion process, which consists of particulate matter.

"Soil and Water Conservation District." The Kendall County Soil and Water Conservation District.

"Special Use Permit." A permit issued by the Village of Newark which must be acquired before a use listed as a special use in any zoning district can occur, or a building proposed for any special use can be constructed.

"Spot Zoning." Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the Comprehensive Land Use Plan.

"Stable." A structure that is used for sheltering horses and cattle.

"Story." The part of a building between any floor and the floor next above, and if there is no floor above, then the ceiling above. A basement is a story if more than one-half of its height is above the average grade of the lot.

"Story, Half." The portion of a building or structure under a gable, hip or mansard roof, which the wall plates on at least two (2) opposite exterior walls are not more than four and one-half feet above the finished floor of each story.

"Street." An improved public or private right-of-way or easement which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to buildings.

"Strip Development." Commercial or retail development, usually one-store deep, that fronts on a major street.

"Structure." An improvement upon land, other than the land itself, the use of which requires more or less permanent location o the ground, or is attached to something having a permanent location on the ground, including, but not limited to: buildings; fences; freestanding signs; patios; and parking areas.

"Subdivision." The division of a lot, tract or parcel of land into two or more lots, tracts, parcels of land for sale, development, lease, or transfer of ownership.

"Supermarket." A retail establishment primarily selling food as well as other convenience and household goods.

"Swimming Pool, Public." A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a municipality or other units of government for the general public, whether or not an admission fee is charged.

"Swimming Pool, Private." A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained by an individual for the sole use of his or her household and guests, without charge for admission, and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.

"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.

"Temporary Use." A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

"Terrace." A level, landscaped and/or surfaced area directly adjacent to a principal building at or within three feet of the finished grade, and not covered by a permanent roof.

"Theme Park." An entertainment or amusement facility built around a single theme, which may be historical, architectural, or cultural.

"Theater, Drive-In." An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

"TND." The Traditional Neighborhood Development approach which focuses on being pedestrian friendly and includes many principles such as narrower streets, smaller lots, reduced building setbacks, front porches, mixed uses, quality design and de-emphasis of garages. See TND illustrations in the appendix.

"Toxic Matter." A substance that is capable of causing injury to living organisms by chemical means when present in relatively small amounts.

"Tract." An area, parcel, site, piece of land, or property which is the subject of a development application.

"Trailer." Every vehicle without motive power in operation, designed for carrying persons or property, and for being drawn by a motor vehicle.

"Transitional Area."

1. An area in the process or changing from one use to another; and
2. An area which acts as a buffer between two land uses of different intensities.

"Transitional Use." A land use of an intermediate intensity between uses of differing intensities.

"Unified Control." The combination of two (2) or more tracts of land, wherein each owner has agreed that his or her tract shall be developed as part of a planned development, and shall be subject to all controls applicable to, and adopted for the planned development.

"Use." The purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained.

"Use, Accessory." A subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located in the same lot as the principal building or use, except for such accessory parking facilities as are specifically authorized to be located elsewhere.

"Use, Lawful." The use of any building, structure or land that conforms with all of the regulations of this Ordinance or any amendment hereto, and which conforms with all of the codes, ordinances and other legal requirements, as existing all the time of the enactment of this Ordinance or any amendment hereto, for the structure or land that is being considered.

"Use, Legal Non-Conforming." The use of any building, structure or parcel of land which lawfully is occupied and maintained upon the effective date of the adoption or amendment of this Ordinance and which does not conform to the use regulations of the zoning district in which the use is located by reason of the adoption or amendment of this Ordinance.

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

"Use, Principal." The main use of land or buildings as distinguished from a subordinate or accessory use.

"Use, Special." A use, either public or private, which because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such special use may or may not be granted, subject to the terms of this Ordinance.

"Variance." A variance is permission to depart from the terms of the Zoning Ordinance where such departure will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship.

"Vibration." The periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium when that equilibrium has been disturbed.

"Village Board." Board of Trustees of the Village of Newark, Illinois.

"Warehouse." A building used primarily for the storage of goods and materials.

"Wetlands." Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, and bogs.

"Wholesale Trade." Establishments or places of business primarily engaged in selling merchandise to retailers; to manufacturing, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

"Yard." An open space on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise authorized by this Ordinance.

"Yard, Front." A space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. Such front yard is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this Zoning Ordinance.

"Yard, Rear." A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this Zoning Ordinance.

"Yard, Required." The open space between a lot line and the buildable area within which no structure will be located, except as provided by this Zoning Ordinance.

"Yard, Side." A space extending from the front yard to the rear yard between the principal building and the side lot line, measured perpendicular from the side lot line to the closes point of the principal building. Such side yard is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this Zoning Ordinance.

"Zero Lot Line." A situation where there is no setback required from a front or side Setback: lot line.

"Zoning Enforcement Officer." The Zoning Enforcement Officer, or such individual that has been, or shall be duly appointed by the Village Board, who is in charge of the administration and enforcement of this Zoning Ordinance with duties as outlined in Article 21-19. In the event the Village Board has not appointed a Zoning Enforcement Officer, then the Village President shall serve as the Zoning Enforcement Officer until another individual has been so appointed.

"Zoning Board." The Village of Newark Zoning Board of Appeals.

"Zoning District." A specifically delineated land area within Newark, Illinois as specified on the Zoning Map, within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

"Zoning Map." The map incorporated herein as a part hereof, designating zoning districts.