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

In addition:

   A.   The present tense includes the future and the future the present; the singular number includes the plural and the plural the singular; the word "shall" is mandatory, and the word "may" is permissive.

   B.   The material under each caption or heading in this Title shall be construed and limited in a manner consistent with the applicable captions or headings and subheadings. (Ord. G-60, 3-22-1966)

The following words and terms, when used in this Title, shall have the meaning set forth after each:

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

ACCESSORY: A use, structure, or part of a structure, which:

   A.   Is subordinate to and serves the principal use or structure.

   B.   Is subordinate in area, extent or purpose to the principal use or structure.

   C.   Contributes to the comfort, convenience or necessity of occupants of the principal use or structure.

   D.   Is located on the same lot as the principal use or structure served, with the exception of accessory off-street parking facilities as are permitted elsewhere than on the same lot with the use or structure.

ACCESSORY LIVING UNIT: A detached accessory building that provides living space (as defined by International Residential Code, Chapter 2, Definitions) in a location other than the principal residence. A detached accessory living unit may be located in a pool house, detached garage, or other similar accessory building or structure. Accessory living unit cannot be used to generate revenue.

ADJACENT: Touching, as distinguished from lying near.

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

AGRICULTURE: Farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and accessory uses customarily incidental to normal agricultural activities.

AIRPORT: A lot which is used, or intended, for the landing and takeoff of aircraft, together with all structures located thereon.

ALLEY: A public or private right of way, other than a street, less than thirty feet (30') in width, which right of way normally affords secondary means of access to abutting properties.

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

APARTMENT: A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. A private bathroom and basic kitchen facilities, i.e., sink, stove, and refrigerator permanently installed must always be included for each apartment.

ARBOR: A landscape structure or shelter supported by at least four (4) columns or poles, consisting of latticework to support climbing shrubs or vines. For the purposes of this Title, an arbor is not a fence and is an accessory structure.

ASSISTED LIVING FACILITY: A facility providing housing and services for a group of persons, typically elderly, which may include provision of meals, housekeeping, and personal care assistance and/or other ancillary services.

AUTOMOBILE CHARGING FACILITY, RESIDENTIAL: An electrical charging device for licensed electric or hybrid motor vehicles, provided that the charging device and vehicle being charged are completely enclosed within a single-family or multi-family residence or accessory structure.

AUTOMOBILE CHARGING FACILITY, COMMERCIAL: An electrical charging device or group of devices for licensed electric or hybrid motor vehicles, other than those defined as "AUTOMOBILE CHARGING FACILITY, RESIDENTIAL".

AUTOMOBILE MINI-MARKET: An automobile service station which includes the retail sale of merchandise or services not related to the maintenance, service or repair ofmotor vehicles in addition to the sale of fuel, oil and accessories for motor vehicles. Such use shall be located entirely within the buildable area and the building floor area, including all storage for such use, which may not exceed two thousand (2,000) square feet.

AUTOMOBILE SERVICE FACILITY: A building or portion thereof or lot used for offering for sale at retail to the public, fuels, oils and accessories for motor vehicles; where repair service is incidental, where no storage or parking space is offered for rent and where no motor vehicles or boats are offered for sale or rent.

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

BASEMENT: That portion of a building that is partly or completely below grade (see "Story above grade plane").

BI-LEVEL: A dwelling having one story at approximate grade level and a second story one-half (1/2) story higher over a habitable basement approximately one-half (1/2) of which basement is above grade level.

BLOCK: A tract of land bounded by streets, or by a combination of street, railroad rights of way, public parks, permanent open space and other lines of demarcation. A block may be located in part beyond the corporate limits of the village.

BOARD OF TRUSTEES: The president and board of trustees of the village of Oak Brook, Illinois.

BUILDABLE AREA: That portion of a lot which meets at least the minimum width requirements and setback lines of the district within which it is located (see definition of Lot Width, and illustrations in Chapter 6 and 7).

BUILDING: A structure having a roof designed or built for the enclosure, shelter or protection of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land.

BUILDING, ACCESSORY: A subordinate building or portion of a principal building, the use of which is incidental to that of the principal building and customary in connection with that use.

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

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

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

BULK: The term used to indicate the size, location and number of structures, including: a) size and height of structures; b) location of exterior walls; c) floor area ratio; d) open space allocated to structures; and e) lot area and lot width.

BURIAL STRUCTURES: Aboveground structures within cemeteries, other than community burial structures, used, or intended to be used, for the entombment of human remains, including, without limitation, mausoleums, columbaria, and other similar structures.

CAR WASH: A building or portion thereof containing facilities for washing more than one (1) motor vehicle, using production line method.

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

CEMETERY: Any land or structure dedicated to and used, or intended to be used, for the burial, interment, or entombment of human remains, and related accessory uses.

CEMETERY ACCESSORY STRUCTURES: Structures used in support of and accessory to a cemetery use, including, without limitation, caretaker or similarly used residences, greenhouses, sales offices, storage buildings, administrative offices, and other similar structures accessory to a cemetery.

CLUB OR LODGE, PRIVATE: A structure or part thereof used by a not for profit association of persons who are bona fide members and where facilities are restricted to members and their guests. Food and alcoholic beverages may be served on its premises provided they are secondary and incidental to the principal use.

COCKTAIL LOUNGE: An establishment where refreshments having alcoholic contents, as stipulated by law, are sold to be consumed on the premises, but not including restaurants where the principal business is the serving of food, except restaurants where accessory cocktail lounges are permitted by district regulations of this title.

COMMERCIAL THOROUGHFARE: A "roadway", as defined in this section, depicted or described as a principal arterial street or a collector route in the official comprehensive plan and official map of the village, and those local roadways that have substantial footage abutting and adjoining properties zoned ORA or business.

COMMUNITY BURIAL STRUCTURES: Aboveground structures over twenty feet (20') in height used, or intended to be used, for the entombment of human remains, located in or near the center of a cemetery in accordance with their specific applicable regulations in this title, including, without limitation, mausoleums, columbaria, and other similar structures.

CONDOMINIUM: A multiple dwelling or development containing individually owned dwelling units and jointly owned and shared common areas and facilities. These dwelling units may be attached horizontally or vertically. The rights of ownership for a condominium must be determined by a recorded declaration.

CONFORMING STRUCTURE: Any structure which: a) complies with all the regulations of this title governing the district in which said structure is located; or b) is designed or intended for a permitted use or special use, as allowed in this title in the district in which it is located.

CORNER: The meeting place of two (2) converging surfaces.

COURT: An open unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is bounded on two (2) or more sides by such building or buildings.

   Such facility may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a data center.

DAYCARE CENTER: A facility in which are received three (3) or more children, not of common parentage, apart from their parents or guardians, for part or all of the day, but not later than nine o'clock (9:00) P.M. The term "daycare center" includes, but is not limited to, nursery schools, childcare centers, day nurseries and playgroups, but does not include kindergartens or nursery schools operated by public or private elementary or secondary school systems.

DIRECTOR OF DEVELOPMENT SERVICES: The official of the village, duly appointed and designated as its director of development services.

DISABILITY: Any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment.

DOCTOR'S OFFICE: A doctor's office is a medical facility which is not a medical clinic, and consists of up to four (4) treatment rooms, either general practitioners or specialists, which receive and treat patients. Patients at a doctor's office are typically visiting for regular check-ups and do not require any intense form of hospitalization. A doctor's office shall not exceed one (1) doctor.

DOG RUNS/KENNELS: Enclosures constructed for the purpose of containing dog(s) outside of the principal structure on a property. Not to exceed five percent (5%) of the area of the principal structure.

DRIVE-IN ESTABLISHMENT: A structure or part thereof in which are provided facilities primarily for serving patrons parked in automobiles on the premises.

DUPLEX: A structure containing two (2) dwelling units, each of which has separate and direct access to the outside.

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

DWELLING, ATTACHED (TOWNHOUSE, GROUP, ROW OR GARDEN APARTMENT): A multiple-family dwelling originally designed and constructed to accommodate three (3) or more dwelling units, with the dwelling units joined together by party wall or walls. Each unit shall have its own ground floor entrance and living space.

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

DWELLING, MULTIPLE-FAMILY: A dwelling containing two (2) or more dwelling units.

DWELLING, SEMIDETACHED (TOWNHOUSE, GROUP, ROW OR GARDEN APARTMENT): A dwelling joined to one other dwelling by a party wall, or vertical cavity wall, and aboveground physically unifying horizontal structural elements.

DWELLING, SINGLE-FAMILY: A dwelling containing one dwelling unit only.

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

EFFICIENCY UNIT: A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets and may contain dining alcove directly off the principal room provided that such dining alcove does not exceed one hundred twenty five (125) square feet in area.

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

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

ENCLOSED PARKING: Parking which is housed in a parking structure, or in a portion of the principal building on a lot, which is completely under a permanent roof and with sidewalk enclosures so designed as to screen the parked cars from view from the exterior of the structure. Completely open wall sections shall be permitted only for entrance and exit driveways. Access to all parking spaces shall be from aisles within the structure.

ERECT: To construct or reconstruct or excavate, fill, drain or conduct physical operation of any kind in preparation for or in pursuance of construction or reconstruction or to move a structure upon a lot.

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

EXISTING CEMETERIES AND STRUCTURES: Any cemetery, and the cemetery structures existing therein, existing as of January 22, 2013.

FALLOUT SHELTER: An accessory structure and use which incorporates the fundamentals for fallout protection - shielding mass, ventilation, and space to live, and which is constructed of such materials, in such a manner, as to afford to the occupants substantial protection from radioactive fallout. It shall not be used for storage purposes, other than for food, clothing, medical supplies and materials required for temporary shelter.

FAMILY: One person or two (2) or more persons each related to the other by blood, marriage or legal adoption, or a group of not more than three (3) persons not all so related, together with their domestic servants, maintaining a common household in a dwelling unit.

FENCE: A structure used to delineate a boundary, or as a barrier, or as a means of confinement or for confinement.

FENCE, OPEN: A fence, including gates, which has, over its entirety, fifty percent (50%) of the surface area in open space as viewed from an angle of ninety degrees (90 ) from the fence line, except that the required open space in louver-type fences may be viewed from any angle.

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

FENCE TYPE STRUCTURE: Any fence, or part thereof, located in the buildable area of a property and not located in any required yard. "Fence type structures" include solid privacy screens and open patio enclosures. A "fence type structure" shall not include any part of a fence located outside of the buildable area of a property.

FLOOR AREA FOR DETERMINING FLOOR AREA RATIO: The sum of the gross horizontal area of the several stories measured from the exterior faces of the exterior walls, or from the center lines of walls separating two (2) buildings. The floor area shall also include the horizontal areas on each story devoted to: a) elevator shafts and stairwells; b) mechanical equipment, except that located on roofs whether open or enclosed, i.e., bulkheads, water tanks, and cooling towers; c) habitable attic space as permitted by the building code of the Village; d) interior balconies and mezzanines; e) enclosed porches; and f) accessory uses. Basements shall be excluded from the floor area calculation, provided the basement ceilings are less than three feet (3') above grade. For structures with a walkout basement or a basement ceiling more than three feet (3') above grade, fifty percent (50%) of the basement's floor area shall be included in the total floor area ratio.

For Office and Business Districts, the horizontal area in every story of a building devoted to enclosed off-street parking and off-street loading facilities shall not be included in the floor area.

FLOOR AREA FOR DETERMINING OFF-STREET PARKING AND LOADING REQUIREMENTS: Floor area when prescribed as the basis of determining off-street parking and off-street loading requirements shall be the sum of the gross horizontal area of the several stories of a structure taken from glass line to glass line and including the structure's primary and permanent working area, but excluding the basement.

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

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

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

FREQUENCY: Signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

GARAGE, STORAGE: A building or portion thereof designed or used exclusively for storage of motor vehicles and in which fuels and oils are not sold, except as regulated in this Title, and in which no motor vehicles are equipped, repaired, hired and sold.

GATE: A structure that may be swung, drawn or lowered to block an entrance or passageway. A gate may be part of a fence or may exist separately.

GROSS DENSITY: Ratio between total number of dwelling units on a lot and total lot area in acres. The area to include local streets.

HABITABLE VEHICLE: A vehicle designed, constructed or modified to permit its use as temporary or permanent living or working quarters, recreational vehicles and campers.

HEALTH CLUB: The meeting place of a group of persons organized for the purpose of improving the general condition of their health through exercise.

HELIPORT (NOT FOR FREIGHT): Any area of land, water or structural surface which is designed, used or intended to be used for the landing and takeoff of helicopters and any pertinent areas which are designed, used or intended to be used for a heliport building or other facilities which have received a certificate of approval from the Division of Aeronautics, State of Illinois, Department of Transportation and a special use permit from the Village to operate said heliport.

HOME OCCUPATION: A gainful occupation or profession conducted entirely within a dwelling unit (as further described in Chapter 6).

HOTEL: A building or buildings, sometimes designated as a motel, motor inn or highway hotel, containing not less than fifty (50) lodging rooms, where lodgings are provided for compensation, but excluding apartment hotels as defined in this Section. A hotel may include dining and meeting rooms, and business uses commonly incidental to a hotel operation.

HOTEL, APARTMENT: A building in which accommodations are in dwelling units occupied or intended for occupancy by permanent guests. Such rentals are subject to the same Municipal Hotel Tax as defined in Title 5, Chapter 5 of this Village Code.

HOTEL, CONDOMINIUM: A building in which accommodations are in dwelling units owned as condominium units sold to purchasers, and where it is intended that the condominium units may be utilized as part of the hotel's rooms inventory to be rented to the public, only when operated by the hotel management. Such rentals are subject to the same Municipal Hotel Tax as defined in Title 5, Chapter 5 of this Village Code.

IMPROVEMENT PLAN: A plat setting forth graphically the location and layout of all or a part of the proposed land improvements and buildings to be constructed on a parcel of land zoned ORA3 and for which a development plan has been approved, together with such additional information as may be required by the applicable provisions of the subdivision regulations 1 .

INSTITUTION: A building occupied by a religious, educational, scientific or charitable not-for-profit corporation or organization, wholly for public or semi-public use.

JUNKYARD: A lot, with or without accessory structures, used for the abandonment, storage, keeping, collecting, buying, selling, exchanging, baling, packing, disassembling or handling scrap or discarded materials, including vehicles, machinery and equipment not in operable condition, or parts thereof, and other metals, paper, rags, rubber tires and bottles.

KENNEL, COMMERCIAL: A place or premises where dogs, cats or other household domestic animals are maintained, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale.

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

LAUNDERETTE: A business that provides coin-operated self- service washing, drying, dry-cleaning or ironing facilities, provided no pickup or delivery service is maintained.

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

LOT: A parcel of land consisting of adjoining parts which, at the time of filing for a building permit, is designated by its owner or developer as a parcel to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a "lot" may or may not coincide with a lot of record.

LOT AREA: The area of a horizontal plane bounded by lot lines. For the purposes of meeting minimum lot area requirements, the land area of a lot used for providing private access rights of way shall not be included.

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

LOT COVERAGE: Lot coverage includes all improvements, principal structure and accessory structures (i.e. driveways, patios, pools, sheds, garages, accessory living units, pool houses, and sports courts, etc.).

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

LOT LINE ADJOINING A STREET: A front lot line, the side lot line of a corner lot which abuts a street, or a rear lot line of a through lot.

LOT, FLAG: A lot with access provided to the bulk of the lot by a narrow corridor of property which abuts the street.

LOT LINE, FRONT: The boundary of a lot abutting a street. On a corner lot, either lot line may be construed to be the front lot line by the owner.

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

LOT LINE, REAR: An interior lot line which is most distant from and is or is within 45 degrees of parallel to the front lot line, and in the case of an irregular- or triangular-shaped lot, the corner point which is at a maximum distance from the front lot line.

LOT LINE, SIDE: An interior lot line which is not a front lot line or a rear lot line.

LOT LINES: The property lines bounding a lot.

LOT OF RECORD: A single lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of DuPage County, Illinois, which has a minimum lot area equal to or greater than ten thousand (10,000) square feet and a minimum lot width equal to or greater than sixty feet (60'); or any lot legally created prior to November 9, 1971, which: a) has a minimum lot area equal to or greater than ten thousand (10,000) square feet and a minimum width equal to or greater than sixty feet (60'); b) for which an assessment plat has been filed with the recorder of deeds of DuPage County, Illinois, pursuant to the provisions of 35 Illinois Compiled Statutes 205/35.

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

LOT, THROUGH: A lot having frontage on two (2) streets, but excluding corner or reversed corner lots.

LOT WIDTH: The length of a line parallel to the street measured at the front lot line, except on a curvilinear street where it shall be a line parallel to the street measured at the setback line.

MANUFACTURING ESTABLISHMENT: A lot and structure, the principal use of which is manufacturing, fabricating, processing, assembling, repairing, storing, cleaning, servicing or testing of materials, goods or products.

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

MEDICAL CLINIC: A healthcare facility that is not a doctor's office but is primarily devoted to the care of outpatients who are treated without staying at the facility overnight. Either publicly or privately owned, medical clinics typically cover the primary healthcare needs of the population within the community. A medical clinic requires more than one (1) doctor.

MEMORIAL STRUCTURES: Aboveground structures within cemeteries: a) installed for the purpose of marking, commemorating, or honoring a deceased person and b) not used for the aboveground entombment of human remains, including, without limitation, grave stones, family estate markers, ornamental benches, vases and other decorative structures, and similar aboveground structures.

MEMORIAL STRUCTURES: Aboveground structures within cemeteries: a) installed for the purpose of marking, commemorating, or honoring a deceased person and b) not used for the aboveground entombment of human remains, including, without limitation, grave stones, family estate markers, ornamental benches, vases and other decorative structures, and similar aboveground structures.

MICROBREWERY OR BREW PUB: A brewery that brews beer primarily for sale and is dispensed directly from the brewery's storage tanks. Total production capacity shall not exceed 15,000 barrels per calendar year (465,000 gallons). One (1) U.S. barrel is equivalent to thirty-one (31) gallons.

MICRODISTILLERY: A small-scale artisan manufacturing business that blends, ferments, processes, packages, distributes, and serves alcoholic spirits on and off the premises and produces no more than 15,000 gallons per calendar year on-site. The microdistillery facility may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Offsite distribution of alcoholic beverages shall be consistent with state law.

MICROWINERY: Combination retail, wholesale and small-scale artisan manufacturing business that blends, ferments, processes, packages, distributes and serves wine for sale on or off-site, and produces no more than 100,000 gallons per year. The microwinery facility may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Offsite distribution of the vinous beverages shall be consistent with state law.

MOBILE FOOD VENDING (Food Trucks): A licensed, motorized vehicle or mobile food unit which is readily movable, motorized-wheeled vehicle or a towed vehicle where food items are sold to the general public, but which does not include mobile vending carts. A mobile food vehicle must be owned and operated by the owner, or agent of a licensed food establishment.

MOBILE HOME: A trailer designed and constructed or used for dwelling purposes which contains cooking, sanitary and electrical facilities, and has a gross floor area of four hundred twenty (420) square feet or more.

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

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

NATURAL GROUND LEVEL: The existing elevation, prior to any movement of organic or nonorganic matter which would require the issuance of a permit under the ordinances of the village, or the proposed elevation as depicted on a subdivision grading plan approved by the village, or as otherwise reasonably determined by the village engineer.

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

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

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

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

OCTAVE BAND: A method of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

ODOR: The minimum concentration of odorous matter in the air that can be detected as an odor.

OFF STREET PARKING FACILITY: A lot which is improved and used or a structure which is designed and used exclusively for the storage of passenger motor vehicles, either for accessory off street parking spaces or commercial off street parking spaces. The parking structure is an accessory building, it shall be compatible in appearance with the principal building. An off-street parking facility shall not be a principal use.

OPEN LAND: A single parcel of land in its natural state or used for agriculture, or outdoor recreational uses upon which there are located only structures incidental to the operation of such uses and upon which building coverage does not exceed two percent (2%) of the area.

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

OPEN SPACE: Consisting of planted areas (including planted surfaces of parking decks), forests, lagoons, watercourses, storm water swales and retention areas, pedestrian, bicycle, and bridle paths and walkways, with the maximum practicable retention of forests and other natural vegetation.

PARKING SPACE: A space, enclosed in a building or unenclosed, used for the parking of one automobile and which is accessible to and from a street or alley.

PARKING STRUCTURE: A single or multi-level structure intended for the use of vehicular parking, as opposed to an uncovered surface parking lot. This definition includes both stand-alone parking garages and structured parking as incorporated into a building, the primary purpose of which is not parking (i.e., rooftop or basement parking areas).

PARTICULATE MATTER: Finely divided solid or liquid matter, other than water, which is released into the atmosphere.

PARTY WALL: An interior wall of adjoining buildings extending from its footing to the underside of the roof, and which separates and is in common use by such adjoining buildings.

PERFORMANCE STANDARD: Criteria established to control smoke and particulate matter, noise, odor, toxic matter, vibration, fire and explosion hazards, glare and heat and radiation hazards generated by or inherent in uses of land or structures.

PERGOLA: An arbor formed of horizontal trelliswork supported on columns or posts, over which vines or other plants may be trained. (Also see definition of Arbor.) For the purposes of this Title, a pergola is not a fence and is an accessory structure.

PERSONAL SERVICE ESTABLISHMENTS: Personal services include those establishments which provide advice, designs, information, commercial education, consultation, job placement, advertising, finance, insurance and real estate services, generally from an office with no on-site storage of goods. This includes all types of business offices and service-type businesses where service is basically on an individual-to-individual or firm-to-firm basis, as opposed to services which are performed on objects or personal property.

PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission of the Village of Oak Brook is responsible for items of sections 13-14-4 and 13-14-7.

PRESERVATION PLAN: A proposal for residential development of existing building or buildings of historical, architectural or cultural significance containing the information required in subsection 13-6-4D2 of this title.

PRESERVATION RESTRICTION: A right, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land or in any order of taking, appropriate to the preservation of areas, places, buildings or structures to forbid or limit acts of demolition, alteration, use or other acts detrimental to the preservation of the areas, places, buildings or structures of historical, architectural or cultural significance.

PRESERVATION VISTA: A required open area on a lot measured from the principal structure to the lot lines or right of way, whichever is closer, within which no building or structure is permitted, except as specifically authorized pursuant to an approved preservation plan.

PRINCIPAL CORNERS: Not more than five (5) corners of a structure, two (2) of which are the corners having the lowest and next lowest elevations of all corners in the structure at the point where they intersect natural ground level.

PRINCIPAL BUILDING LOT COVERAGE: The horizontal area measured from the outside of the exterior walls of the ground floor of the principal building on a lot.

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

RETAIL ESTABLISHMENT: Any physical business establishment or facility operated by a retailer engaged in the sale of tangible personal property or services for personal use with individual consumers, whether for- or not-for profit, that maintains stock or supply of the tangible property being offered by the retailer on-premises, with the purpose of facilitating, engaging in, and finalizing related selling activities directly with the end user.

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

SELLING ACTIVITIES: Refers to the critical business-to-consumer activities conducted by a business engaged in the sale of tangible personal property at retail extending from the preparation for, and the obtaining of, orders for goods to the final consummation of the sale by the passing of title to, and payment of the purchase price from, the end user of such tangible personal property.

SENIOR HOUSING: A multiple-family structure containing dwelling units controlled by a public body, nonprofit corporation for persons fifty five (55) years or older. Types of projects that fall under this definition include: independent living; assisted living; senior congregate living, and residential care facilities.

SETBACK: The minimum horizontal distance between a property line, and any part of a structure or any edge of the area of operation of a principal use when no structure is involved. For single-family homes, the setback is measured between the property line, and the outside edge of any attached structural protrusion of the structure and/or eave (excluding gutters and light fixtures).

SHORT-TERM RESIDENTIAL RENTAL: A residential structure, as defined herein, offered for rent for a period which does not exceed thirty (30) consecutive days to a single entity. The term "Short-Term Residential Rental" shall not include hotels.

SHORT-TERM RESIDENTIAL RENTAL PROPERTY OWNER: The individual or entity which has title to the property which is the subject of a short-term residential rental.

SHOWROOM: A location in Oak Brook where the predominant and most important selling activities do not take place in Oak Brook, such that such sales are not subject to local municipal retailers' occupation tax in Oak Brook.

SIGN, POLITICAL: A sign or poster concerning candidates for office, public issues or similar matters. Such signs shall not exceed six (6) square feet in size, shall not be illuminated in any manner, shall not be affixed to any public utility, pole, tree or natural object, nor be located within a public right of way, nor create a safety or sight distance problem.

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

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

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

SPECIALTY RETAIL PROGRAM: One or more of the following uses and structures, when located within designated, interior areas of a shopping center, in districts where permitted as a special use, and where authorized as a special use: a) permanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, including adjacent outdoor seating; b) seasonal, portable carts (also referred to as "mobile units" or "RMUs") for the sale of prepackaged food and beverages, including adjacent outdoor seating; c) seasonal merchandising zones containing a defined number of portable carts selling primarily nonfood merchandise and packaged food gift items not intended for immediate consumption; d) defined zones for product introduction or promotional activities, such as demonstrations and fashion shows; and e) entertainment and performance zones, including tables and chairs. "Seasonal" shall mean that weather permits the operation of the portable carts.

STABLE, PRIVATE: A private stable is any building which is located on a lot on which a dwelling is located, and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling.

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

STORY: That portion of a building, other than a basement, included between the top surface of the next floor or roof above, except that a space used exclusively for the housing of mechanical services of the building shall not be construed to be a story if access to such space may be had only for maintenance of such services. The floor of a story may have split levels provided that there are not more than four feet (4') difference in elevation between the different levels of the floor. A basement shall be counted as a story and a mezzanine floor shall be counted as a story when it covers over one-third (1/3) of the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is twenty four feet (24') or more.

   2.   More than twelve feet (3658 mm) above the finished ground level at any point.

STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three feet (3') above the floor of such story.

STREET: A permanent public or private right of way which affords a primary means of access to abutting property.

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

STREET, INTERNAL: A street not located along the exterior boundaries of a planned development.

STREET LINE: The street right of way line.

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

STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but not limited to, buildings, signs and pavements.

STRUCTURE HEIGHT: See section 13-3-8 of this title.

TOWNHOME OR TOWNHOUSE (Attached Dwelling): A multiple family dwelling designed and constructed to accommodate two (2) or more dwelling units, with those units joined together by party wall or walls. Each unit shall have its own ground floor entrance and living space.

TRAILER: A vehicle or portable structure which may be used as a conveyance on streets and highways by attachment to a motor vehicle.

TRELLIS:A framework of light wooden or metal bars, chiefly used as a landscape structure to support for fruit trees or climbing plants. For the purposes of this Title, a trellis is an accessory structure and is not a fence. Freestanding trellis' shall not exceed six feet (6') in height and ten feet (10') in length.

USE: The purpose of activity for which the land and structures thereon is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this title.

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

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

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

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

VEHICLE: Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway except for devices moved by human power or used exclusively upon stationary rails or tracks.

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

VILLAGE: The village of Oak Brook, Illinois.

VILLAGE CLERK: The village clerk of the village of Oak Brook, Illinois.

VILLAGE ENGINEER: The official of the village, duly appointed and designated as the village engineer.

VILLAGE PRESIDENT: The village president of the village of Oak Brook, Illinois.

WET DRAINAGEWAY: Any stream, creek, brook, branch, natural or artificial depression, slough, gulch, reservoir, lake, pond or natural or manmade drainageway in, or into which, stormwater runoff or floodwaters flow regularly.

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

YARD ADJOINING A STREET, SIDE: A yard which is bounded by the front yard line, side yard adjoining a street line, rear yard line and side lot line adjoining a street.

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

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

YARD LINE, FRONT: A line in a lot that is parallel to the front lot line and which is not nearer to the front lot line at any point than the required front yard depth.

YARD LINE, REAR: A line in a lot that is parallel to the rear lot line and which is not nearer to the rear lot line at any point than the required rear yard depth. However, in the case of irregular or triangle shaped lots, the rear yard line location shall be formed by an arc originating at the corner point as defined in this section.

YARD LINE, SIDE: A line in a lot that is parallel to the side lot line and which is not nearer to the side lot line at any point than the required side yard depth.

YARD, REAR: A yard which is bounded by side lot lines, rear lot line and the rear yard line. In the case of irregular or triangle shaped lots, the rear yard dimension shall be determined by an arc originating at the corner point as defined in this section.

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

ZONING DISTRICT MAP: The zoning district map of the village of Oak Brook, Illinois.

ZONING DISTRICTS: The districts into which the village of Oak Brook, Illinois, has been divided as set forth on the zoning district map, for the purpose of zoning regulations and requirements. (Ord. G-60, 3-22-1966; Ord. G-135, 6-22-1971; Ord. G-142, 1-25-1972; Ord. G-178, 12-9-1975; Ord. G-180, 4-13-1976; Ord. G-203, 12-14-1976; Ord. G-215, 4-26-1977; Ord. G-233, 5-31-1978; Ord. G-305, 9-8-1981; Ord. G-328, 8-24-1982; Ord. G-420, 12-13-1988; Ord. G-448, 7-10-1990; Ord. G-449, 8-14-1990; Ord. G-510, 6-8-1993; Ord. G-518, 8-10-1993; Ord. G-695, 3-26-2002; Ord. G-721, 6-10-2003; Ord. G-733, 11-11-2003; Ord. G-903, 11-10-2009; Ord. G-916, 1-12-2010; Ord. G-934, 9-28-2010; Ord. G-989, 1-22-2013; Ord. S-1559, 2-12-2019; Ord. G-1227, 1-24-2023; Ord. G-1261, 10-22-2024; Ord. G-1273, 6-10-2025)