(a)

Rules of construction. The language set forth in the text of this ordinance shall be interpreted in accordance with the following rules of construction: .....

(1)

The singular number includes the plural, and the plural the singular. .....

(2)

The present tense includes the past and future tenses; and the future the present. .....

(3)

The word "shall" is mandatory, while the word "may" is permissive. .....

(b)

Anything not expressly permitted within the conditions of this ordinance shall be prohibited. .....

(c)

Meaning of terms. Whenever a term defined hereinafter appears in the text of this ordinance, its meaning shall be construed as set forth in the definition thereof. .....

(d)

Measured minimum setback distances. .....

(1)

Unimproved lots. All measured setback distances shall be to the nearest integral foot. If the fraction is three-fourths (¾) foot or greater the integral foot next above shall be taken. If the fraction of the foot is less than three-fourths (¾) foot, the integral foot next below shall be taken. .....

(2)

Improved lots. .....

i.

Lots improved prior to the effective date of this ordinance. All measured setback distances shall be to the nearest integral foot. If a fraction is one-half (½) foot or less, the integral foot next below shall be taken. If a fraction is greater than one-half (½) foot, the integral foot next above shall be taken. .....

ii.

Lots developed on or after the effective date of this ordinance. All measured setback distances shall be to the exact, specified integral foot. .....

Above ground public utility appurtenances. Any structure, brace, guy, anchor valve or other equipment owned by a public utility which lies above the existing grade, except fire hydrants.

Accessory structure. A subordinate structure which is located on the same zoning lot as the principal building, the use of which is incidental and customary to that of the principal building including above ground public utility appurtenances and recreational equipment. Where an accessory structure is attached to and made part of the principal building, such accessory structure shall comply in all respects with the requirements of this ordinance applicable to the principal building.

Accessory unique use. A subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located on the same lot as the principal building or use which is not otherwise listed as a permitted use or a special use within any zoning district, except for such accessory parking facilities as are specifically authorized to locate elsewhere.

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

Acre. Forty-three thousand five hundred sixty (43,560) square feet.

Administrative Special Use. A category of Residential Special Use which may be approved administratively by the Village of Palatine, in conjunction with a submitted application, site plan, and all of the necessary requirements, as proscribed by the Zoning Ordinance and with required consent or determination of no objection from adjacent property owners.

Administrative Variation. A category of Residential Variation which may be approved administratively by the Village of Palatine, in conjunction with a submitted application, site plan, and all of the necessary requirements, as proscribed by the Zoning Ordinance and with required consent or determination of no objection from adjacent property owners.

Administrator. Means the Director of Planning and Zoning of the village or a person designated by the Village Manager.

Adult-use cannabis dispensing establishments. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder. An adult-use cannabis dispensing establishment shall not include a cultivation center, craft grower, processing organization, infuser organization or transporting organization as defined by the Illinois Cannabis Regulation and Tax Act.

Alley. A public right-of-way, which affords secondary access to abutting property.

Alternative tower structure. Shall mean existing light poles, water towers and similar mounting structures that can be used to support antennas.

Antenna. Shall mean any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves. Dish type devices for said purposes are included in this definition.

Antenna support structure. Any mast, pole, tripod, tower or similar structure used to support an antenna.

Antenna system. The combination of an antenna and antenna support structure.

Antenna system height. The overall vertical length of the antenna system above grade. If such system is located on a building, the overall antenna system height shall include the height of the building.

Approved combustible materials. Means any material more than five hundredths (0.05) inch in thickness, which burns at a rate of not more than two and one half (2½) inches per minute when subject to the A.S.T.M. (American Society for Testing Materials) standard test for flammability in sheets of six-hundredths (0.06) inch thickness.

Automobile mart. Any building or premises used for dispensing, sale or offering for sale at retail any fossil fuels or other forms of energy that assists automobile movement, having pumps and storage tanks but no repair services; also offering for retail sale convenience items without on-site consumption of food.

Automobile service and repair shops. Any building or premises where automobiles are painted, repaired, rebuilt, reconstructed or stored for compensation.

Automobile service station. Any building or premises used for dispensing, sale or offering for sale at retail any automotive fuel or oils fossil fuels or other forms of energy that assists automobile movement, having pumps and storage tanks; also where battery, tire and automotive repair and other similar services are rendered when located wholly within lot lines. Where such dispensing, sale or offering for sale of any fuels or oils is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Does not include automobile or trailer sales lots (new or used) on which such vehicles are parked for purposes of inspection and sale.

Awnings. Any structure made of non-rigid materials attached to a building so as to permit the structure to be raised or retracted to a position against the building when not in use.

Basement. A story with one half or less of its floor to ceiling height below the finished grade.

Bedroom. A room or enclosed space in basement, first or upper story arranged and intended for sleeping purposes. In dwelling units of more than two (2) rooms in multi-family buildings each room in excess of two, other than bath, toilet rooms, laundries, pantries, foyers or communicating corridors shall constitute a bedroom whether or not arranged or intended for sleeping.

Boat or raft. Any unit that is to be used for water travel or pleasure.

Building. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to the land.

Building coverage. The Percentage of a lot which, when viewed directly from above, would be covered by a building(s), or any part thereof, excluding projecting roof areas. The total square footage of building coverage on a given lot is a component of the lot coverage percentage. Building coverage shall not include Village-operated facilities, when deemed necessary in the public interest.

Building, out. A business or commercial use not attached to the main unified center which may or may not be on a separate subdivided lot.

Building, principal. A non-accessory building in which a principal use of the lot, on which it is located, is conducted.

Building code. Shall be defined as Appendix C of the Code of Ordinances, Village of Palatine, Illinois. [Published in a separate volume.]

Building line, front. A line parallel to the front lot line at a distance equal to the nearest point of the building, not including any permitted obstructions.

Bulk. A composite characteristic of a given building as located upon a given lot—not definable as a single quantity, but involving all of these characteristics:

(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 the building in relation to lot area (floor area ratio); .....

(4)

All open spaces allocated to the building; and .....

(5)

Amount of lot areas provided per dwelling unit. .....

Business. Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.

Canopy. A roof-like structure, other than an awning, made of some durable material with frames attached to a building and further supported by a frame by the ground or sidewalk.

Catering Establishments. A facility whose primary purpose is to provide food, generally in large quantities, for banquets or special events which are held off the premises not including carry-out or sit-down restaurants.

Circuit. The complete assembly of generators, conductors, switches, and lines by which an electric current is transmitted.

Co-locator shall mean a public or private entity which constructs a communication antenna or antennas on an existing tower or alternative tower structure occupied by an antenna or antennas operated by another public or private entity.

Commercial vehicle. Any motor vehicle used by or for a business or service which may or may not bear any sort of advertising for that business or service.

Communication device. Any apparatus such as antenna systems or satellite dish stations of which the principal function is to send or receive television, radio, or data microwave signals.

Compatible retail or service use. A business establishment which is compatible with existing conforming uses of the Village of Palatine. A particular business establishment is compatible with existing conforming uses if:

(1)

Locating the particular business establishment in the business area will tend to increase interchange of customers with other business establishments in the business area; and .....

(2)

Locating the particular business in the shopping area will not create: .....

(a)

Dead spots where a shopper may tend to lose interest in going further; or .....

(b)

Driveways or other physical breaks in the sidewalk which are larger than required to provide necessary off-street parking and loading; or .....

(c)

Traffic hazard, noise, odor, unsightliness or other pedestrian inhabiting qualities; or .....

(d)

Heavily increases non-shopper traffic. .....

The presence or absence of competition between the particular business establishment, and surrounding establishments shall not be considered a factor in determining compatibility.

Conflict point. Includes a street intersection, an intersection between a street and a private drive or any other point of potential conflict or impact between two (2) or more vehicles (including bicycles) or between vehicles and pedestrians operating or proceeding on street drives, sidewalks, or other avenues or ways for normal vehicular or pedestrian travel.

Covenants, restrictive. Any contract restricting the manner in which land may be used.

Day care facility. Any facility designed for the care of pre-school or school age children which meets the requirements and criteria for licensing set forth in the various standards for such facilities issued by the Illinois Department of Children and Family Services.

Day care home. Any residential dwelling operated as a facility for the care of children exclusively by a resident or member of the resident's family, and which holds a valid license issued by the Illinois Department of Children and Family Services, when such state license is required.

Density, gross. In determining units per acre in planned developments, the total square footage of the property shall include the building site, plus surrounding streets and other immediately adjacent and necessary surrounding land.

Density, net. In determining units per acre in planned developments, the total square footage of the property shall be limited to the building site area only.

Department store. A retail store with a floor area of more than fifty thousand (50,000) square feet offering for sale at retail some or all of the goods permitted in the B-1 and B-2 districts.

Development. Finalization of a Plat of Subdivision or man-made change to real estate including construction, repair or placement of a building or addition, installation of utilities, mining, drilling, construction of roads, levees, dams, culverts, walls, fences, and bridges, demolition of a structure, filling, dredging, grading, excavating, paving, clearing or other non-agricultural alterations of the ground surface, and any other activity that might change the height, direction, or velocity of flood or surface water. Development does not include maintenance of existing buildings and facilities such as re-roofing or resurfacing of pavement when there is no increase in elevation, or gardening, plowing and similar agricultural practices that do not involve filling, grading, or construction of levees.

Disability. A physical or mental impairment which substantially limits one (1) or more of a person's major life activities or impairs the person's ability to live independently; such term includes a record of having such an impairment, but such term does not include current use of, nor addiction to, a controlled substance.

District. A section or sections of the Village in which the regulations governing the use of buildings and premises, the height of buildings, the use of yards, and the intensity of use is uniform.

Dog enclosure or run. A fenced in area within a required yard which is intended to restrain dogs.

Drive-in or drive-through eatery. Any food service establishment, restaurant, or similar place, with or without interior facilities for eating, which permits the reception and consumption of food in automobiles or other designated areas on the premises outside the establishment.

Donation/collection box. A receptacle designed with a door, slot, or other opening that is intended to accept donated goods or items. The bulk standards and regulations for locating a donation box are found in Section 4.16.

Drive-through, Drive thru. A product or service offered by means of a window or automated service point (e.g ATM), that is designed or intended to allow customers to remain in their motor vehicles while obtaining the product or service.

Dumpster enclosure. Any type of approved screening which encompasses trash receptacles.

Dwelling. A building, or portion thereof, designed or used exclusively for residential occupancy, including one-family dwellings, two-family dwellings and multiple-family dwellings; but not including Hotels, Extended Stay Hotels, Motels, tourist homes, and trailers.

Dwelling unit. Residential accommodation—including complete kitchen facilities, permanently installed, which are arranged, designed, used or intended for use exclusively as living quarters for one family and not more than an aggregate of two (2) roomers or boarders. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located.

Dwelling, detached. A residential building which is entirely surrounded by open space on the same lot.

Dwelling, multiple-family. A residential building containing three (3) or more dwelling units.

Dwelling, semi-detached. A dwelling which is joined to another dwelling at one side only by a common wall.

Dwelling, single-family. A residential building containing one dwelling unit, including detached, semi-detached and attached dwellings.

Dwelling, two-family (duplex). A residential building containing two (2) dwelling units, including detached units.

Easement. A right given by the owner of land to another party for a specific, limited use of that land.

Electronic Cigarette Store — A retail store that is primarily devoted to the sale of electronic cigarettes, including the sale of liquids, vape materials, vapor, or other similar products to be used in conjunction with electronic cigarettes or other similar devices.

Engineer. A registered engineer of the state under the Illinois Professional Engineering Act [225 ILCS 325/1 et seq.]

Escape Lane. A designated lane adjacent to a drive through lane which will allow vehicles to sufficiently exit or bypass the drive through lane. The escape lane must be at least 12 feet wide and be no less than the length of the adjacent drive though lane. Subject to the ordinance requirements, an adjacent drive aisle may be used to satisfy the escape lane requirements.

Face of sign. The surface area of the sign upon which the sign may be displayed or illustrated.

Family.

(a)

One person, his or her spouse, their offspring, legally adopted children or foster children, together with not more than three (3) other persons who are related to said person by blood, marriage or legal adoption including but not limited to mother, father, sister, brother, mother-in-law, or father-in-law; or .....

(b)

A group of persons none of whom are related to each other by blood, marriage or adoption, provided, however, that said dwelling unit shall contain not less than three hundred (300) square feet of floor area for each such occupant, and the total number of occupants in such group shall not exceed three (3). .....

(c)

A family as defined in paragraph (a) above may include not more than two (2) domestic servants and not more than one gratuitous guest or boarder residing with said family, in addition to the number of persons set forth in said paragraph (a). A family as defined in paragraph (b) above may include not more than two (2) domestic servants and not more than one gratuitous guest or boarder, provided that such servants, guest or boarder shall be included in computing the number of unrelated persons permitted under said paragraph (b). A family as defined in (a) and (b) above shall be limited to groups of persons maintaining a common household in a dwelling unit. .....

(d)

Group homes, as defined in this article, shall be exempt from the preceding paragraphs (a), (b) and (c). Group homes shall be permitted uses or special uses, as delineated in article X of this ordinance. .....

Fence. An enclosure or barrier constructed of wood and/or human-made material(s) used to delineate boundary or as a means of confinement or for confinement.

Fence, decorative. All fencing which is ornamental or embellished and shall include but is not limited to the following types of fencing: post and rail, split rail, oak horse and picket, but excluding chain-link.

Fence, open. A fence having a regular pattern with more than fifty (50) percent open throughout the length of the fence when viewed from the perpendicular.

Fence, semi-open. A fence having a regular pattern of between ten (10) and fifty (50) percent open throughout the length of the fence when viewed from the perpendicular.

Fence, solid. A fence having a regular pattern with less than ten (10) percent open throughout the length of the fence when viewed from the perpendicular.

Flashing signs. Means any illuminated sign which contains an intermittent or flashing light source, and is not constant in intensity and color when in use.

Flood Insurance Rate Maps. A map prepared by the Federal Emergency Management Agency that depicts the special flood hazard area (SFHA) within a community. This map includes insurance rate zones and floodplains and may or may not depict floodways.

Floodplain. Any area equal to or lower than the base flood elevation which is susceptible to being inundated by water from any source including, drainage ways with a tributary area in excess of 640 acres, isolated depressional areas with a surface area greater than 0.25 acres at the time of inundation, and any area indicated as a SFHA on a FIRM map, the limits of which are defined by superimposing the base flood elevation on the best available topographic information for the area.

Floor area, gross. For the purpose of determining floor area ratio, the gross floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings—measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. In particular, "gross floor area" shall include:

(a)

Basement space, if at least one-half (½) of the basement story height is above the average grade of the adjoining ground, or used for purposes other than storage. .....

(b)

Elevator shafts and stairwells at each floor. .....

(c)

Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half (7½) feet, except equipment, open or enclosed, located on the roof, i.e.: Bulkheads, water tanks and cooling towers. .....

(d)

Attic floor space where the structural headroom exceeds seven and one-half (7½) feet. .....

(e)

Interior balconies and mezzanines. .....

(f)

Enclosed porches, but not terraces and breezeways. .....

(g)

Accessory uses and structures. .....

Floor area ratio. The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located.

Funeral home or undertaking establishment. Shall mean a facility where ceremonies are held in connection with the embalming and burial of deceased persons and shall not include as a service provided, the cremation of corpses, unless otherwise permitted within the Zoning Ordinance.

Garage, private. An accessory building or an accessory portion of the principal building intended for and used to restore the private passenger vehicles of the families resident upon the premises, and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on, and provided that not more than one-half (½) of the space may be rendered for the private vehicles of persons not resident on the premises, except that all of the space in a garage of one- or two-car capacity may be so rented. Such garage shall not be used for more than one commercial vehicle per family resident upon the premises, but no such commercial vehicle shall exceed six thousand (6,000) pounds gross vehicle weight.

Garage, public. Any building where motor vehicles are painted, repaired, rebuilt, reconstructed or stored for compensation.

Garage, storage. A building used solely for the storage of passenger vehicles, but not for the service or repair thereof nor the sale of fuel, accessories or supplies.

Gazebo/pergola. An open-air accessory structure that is covered and freestanding. Gazebos and pergolas are not required to provide a setback from the principal structure.

Group home. A single dwelling unit occupied on a relatively permanent basis in a family-like environment by unrelated persons with disabilities, as identified and regulated within the Federal Fair Housing Act. Paid professional support staff, provided by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents are present at the dwelling, shall be required unless a Special Use approval is obtained to eliminate the requirement of supervision. A "Group Home" shall comply with the zoning regulations for the district in which the site is located and shall provide the necessary staff and resident parking on site, as more fully described within Article 10. For purposes of this definition, disability shall mean, with respect to a person: (1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment. However, "persons with disability" shall not include any person involved in the current, illegal use of or addiction to a controlled substance (as defined in section 802 of the Controlled Substance Act (21 U.S.C. Sec. 802), nor does it include any person whose residency would constitute a direct threat to the health or safety of other individuals or whose residency would result in substantial physical damage to the property of others.

Half story. A half story is that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls are not more than four and one-half feet above the finished floor of said story. A basement shall be considered as a half story where the finished surface of the floor above the basement is greater than twelve (12) inches, but less than fifty-four (54) inches above the finished grade.

Health Club. Facility where members use equipment or space for the purpose of physical exercise.

Height of roof measurement. The vertical length from ground level to the mean height between the eaves and ridges of a roof or the coping of a flat roof.

Height of single-family residential structure. The vertical length from the ground level to the mean height between the eaves and ridges of a roof or the coping of a flat roof as determined by the mean height of the two corners of the residence closest to the front lot line.

Height of structure, measurement. The vertical length from ground level to the mean height between the eaves and ridges of a roof or the coping of a flat roof.

Height of Tower shall mean the distance from grade to the top of the tower or the top of an antenna located on the tower, whichever is taller. If a tower is located on the roof of a building, the height of a tower shall mean the distance measured from the grade of the building to the top of the tower or the top of the antenna located on the tower, whichever is taller.

Home occupation. Any occupation or profession conducted in a dwelling unit by an occupant of the dwelling unit which is incidental and secondary to the use of the dwelling unit.

Homeless Day Facility. A publicly or privately operated facility designed for the provision of services to homeless persons including but not limited to: a central location to obtain transportation, make telephone calls, send and receive mail, wash laundry, improve hygiene and personal care; and/or receive basic case management, mental health therapy, job counseling, educational services and assistance with meeting the needs of homeless families with children. A Homeless Day Facility shall comply with the zoning district regulations for the district in which the site is located.

Homeless Person. An individual who lacks a fixed, regular, and adequate residence.

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

Hospital. A building(s) or structure(s), which require licensing as a hospital by the State of Illinois, and which is (are) maintained and operated for the diagnosis, treatment of life-threatening conditions, including medical care or surgical care, and provides overnight lodging for patients.

Hotel. A building providing transient lodging accommodations, limited to no more than thirty (30) consecutive days, to the general public for compensation and which may include ancillary facilities and services such as restaurants, meeting rooms, personal services, and recreational facilities.

Extended Stay Hotel. A building, with each guest room having a full kitchen, providing transient lodging accommodations, limited to no more than ninety (90) consecutive days, to the general public for compensation and which may include ancillary facilities and services such as restaurants, meeting rooms, personal services, and recreational facilities.

Illuminated sign. Means any sign which has characters, letters, figures, designs or an outline illuminated by electric lights, luminous tubes or other means; or a sign illuminated by a source of light which is cast upon or falls upon the surface or face of the sign to illuminate by reflection only.

Illuminated traffic signal. Means any traffic control device or sign duly authorized by law which is illuminated by electric lights or luminous tubes.

Impervious Surface. Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to buildings, patios, paved parking and driveway areas, walkways, sidewalks and paved recreation areas (e.g., basketball court, tennis court, swimming pools). This would exclude public sidewalks on private property. The total square footage of impervious surface on a given lot is a component of the lot coverage percentage.

Isolated depressional areas. Any area inundated by the base flood that is not a regulatory floodplain or a channel or drainage way.

Junk yard. An open area where waste, used or secondhand materials are brought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles.

Laboratory. A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly, or packaging of products is not included in this definition.

Land surveyor. A registered surveyor of the state, under the Illinois Professional Land Surveyors Act [225 ILCS 330/1 et seq.]

Liquified petroleum gas. Any material which is composed predominantly of any of the following hydrocarbons or mixtures of them: Propane, propylene, butane (normal butane or isobutane) and butylene.

Live entertainment. Shall consist of live music, dancing and/or singing performances, floor shows, D.J. shows and other entertainment performances, whether or not an admission fee is charged. Live entertainment shall not include ambient or incidental music provided for guests or patrons by musicians, such as a piano player, harpist, strolling violinist, traditional juke box, karaoke, or guitarist. However, if there is an admission charge requirement to observe or attend such ambient or incidental music or entertainment, it shall be considered live entertainment.

Loading or unloading berth. An open, hard surfaced area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors, or trailers, to avoid undue interference with the public use of streets and alleys.

Lot. A parcel of land designated as a lot on a recorded plat of subdivision, located within a single block, and having its principal frontage upon a street.

Lot, corner. A lot at the junction of and abutting on two (2) or more intersecting streets, or at the point of deflection in alignment of a single street, the interior angle of which does not exceed one hundred thirty-five (135) degrees.

Lot coverage. The percentage of a residential zoning lot covered by all buildings and any other impervious surface therein. The lot coverage percentage takes the total square feet of building coverage and other impervious surfaces divided by the total square feet of the lot to determine the lot coverage. Lot coverage shall not include Village-operated facilities, when deemed necessary in the public interest.

Lot, improved. A lot containing a principal structure.

Lot, interior. A lot other than a corner lot.

Lot, though. A lot having a pair of opposite lot lines along two (2) more or less parallel public streets, and which is not a corner lot.

Lot, unimproved. A lot without a principal structure.

Lot, zoning. A single subdivided tract of land or a group of subdivided tracts of land which, at the time of applying for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit.

Lot area. The area of a horizontal plane bounded by the front, side and rear lot lines, measured within the lot boundaries.

Lot depth. The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.

Lot line. A property boundary line of any lot held in single or separate ownership, except that, where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line.

Lot line, front. That boundary of a lot which lies along an existing or dedicated street. In the case of a corner lot, the front lot line shall be the shortest lot line that abuts a street. In the event that the lot lines abutting streets are of equal distance, the front lot line shall be the lot line located along the street for which the building's street address is designated.

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

Lot line, side. Any boundary of a lot which is not a front or rear lot line.

Lot width. A mean horizontal distance between the side lot lines of a lot measured within the lot boundaries.

Marquee. Means a permanent structure projecting from part or all of the building face, but not supported by the ground or sidewalk.

Message board. An advertising structure on which copy or characters are changed manually in the field.

Mini-warehouse. A building or group of buildings in a controlled access compound that contains varying sizes of individual compartmentalized and controlled access stalls or lockers of no more than five hundred (500) square feet of floor area for the dead storage of customer's goods or wares in enclosed buildings or in the open for a distance not to exceed thirty (30) feet from the outer walls of said building or buildings; provided, however, that no such storage shall be permitted outside of a mini-warehouse on any side which faces any zoning district other than an "M" Manufacturing District. No volatile materials are allowed.

Model home. A building or structure which is used as an example of the type of dwelling unit/s which may be purchased in a new construction project located in the Village of Palatine.

Motel. A building or group of detached, semidetached or attached buildings on a lot containing guest rooms each of which has a separate outside entrance leading directly from the outside of the building, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for lodging accommodations for automobile transients, limited to not more than thirty (30) consecutive days. Motels do not include Hotels or Extended Stay Hotels.

Motor freight terminal (truck terminal). A building in which freight brought by motor truck is assembled and sorted for routing in intrastate and interstate shipment.

Motorized home. A portable dwelling designed and constructed as a self-propelled vehicle.

Moved. The act of permanently establishing a structure upon a portion of land after removing same from another part of the same or a different lot, tract or parcel of land.

Moving sign. Means any sign that has an external or visible part, or parts, that move, rotate, or spin. Copy changes which indicate time, temperature or date shall not, for that reason alone, be considered moving signs.

Municipal code. Shall be defined as the Code of Ordinances, Village of Palatine, Illinois.

Nameplate. A sign identifying only the name, occupation or profession and address of the business or occupant of the lot where the sign is placed; or a directory listing the names, addresses and businesses of the occupants.

Noncombustible material. Means a material which, in the form in which it is used, falls in one of the following groups (a) through (c). It does not apply to surface finish materials nor to the determination of whether a material is noncombustible from the standpoint of clearances to heating appliances, flues or other sources of high temperature. No materials shall be classed as noncombustible which are subject to increase in combustibility or flame spread rating beyond the limits herein established, through the effects of age, moisture or other atmospheric condition. Flame spread rating as used herein refers to ratings obtained according to the Standard Test method for Fire Hazard Classification of Building Materials of Underwriters Laboratories, Inc., U.L. 723, NFPA 255, ASTM E84.

(a)

Materials no part of which will ignite when subjected to fire. Any material which liberates flammable gas when heated to any temperature up to one-thousand, three-hundred, eighty degrees (1,380) Fahrenheit for five (5) minutes shall not be considered noncombustible within the meaning of this paragraph. .....

(b)

Materials having a structural base of noncombustible material, as defined in (a) with a surface not over one-eight (⅛) inch thick which has a flame spread rating not higher than fifty (50). .....

(c)

Materials in the form and thickness used, other than as described in (a) and (b) having a flame spread not higher than twenty-five (25) without evidence of continued progressive combustion and of such composition that surfaces that would be exposed by cutting through the material in any way would not have a flame spread rating higher than twenty-five (25) without evidence of continued progressive combustion. .....

Nonconforming building. Any building which does not comply with all of the regulations of this ordinance governing bulk for the district in which such building is located, or is designed or intended for a nonconforming area.

Oriel window. A bay window built out from a wall and resting on a bracket or similar support.

Overhead utility lines. Wires or cables used for distribution and/or transmission of public services (i.e. electricity, cable television, telephone) that are located above the ground.

Parking space, automobile. A suitably surfaced and permanently maintained area on privately owned property, either within or outside of a building, of sufficient size to store one standard automobile, but in no event less than two hundred (200) square feet, exclusive of passage-ways, driveways, or other means of circulation or access.

Person. Every natural individual, firm, partnership, association, corporation or organization of any kind.

Pickup coach. A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational or vacation uses.

Piercing studio and stores— A business establishment or use occupying a building or structure, which performs piercing activities and is not exempted under the Tattoo and Body Piercing Establishment Registration Act, [410 ILCS 54/1 et seq.] as administered by the Illinois Department of Public Health. This shall not include practices that are considered medical procedures or the puncturing of the outer perimeter or lobe of the ear using the pre-sterilized, single-use stud and clasp piercing system.

Planned development. Shall mean a land development project, comprehensively planned as an entity via a unitary site plan which permits flexibility in building, mixture of housing types and land uses, usable open spaces, and the preservation of significant natural features.

Porch. A roofed over structure, projecting out from the wall or walls of the principal structure which is commonly open to the weather in part.

Public Service or Utility Facility. Any substation or transfer point used by the public service or utility company that is entitled to use public rights-of-way and/or utility easements in the Village of Palatine.

Recreational vehicle. Shall mean a vehicular portable structure, mounted on a vehicle chassis, primarily designed for recreation purposes.

Religious Institution. A building, together with its accessory buildings and uses, where persons regularly assemble for religious purposes and related social events and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.

Replacement. The act of repairing, taking, or filling the place of a majority of a circuit that is to be discarded or worn out.

Rest home (nursing home). A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury, nor does it include maternity care or mental illnesses or infirmities.

Restaurant. Any food service establishment in which food or drink is prepared for sale or for service on the premises or elsewhere (including but not limited to restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tea room, sandwich shop, soda fountain, roadside stand, drive-in, or similar place).

Ringlemann Chart. The "Ringlemann Chart" is one which is described in the U.S. Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke and smoke density.

Roof sign. Means any sign erected, constructed and maintained wholly upon or over the roof or parapet wall of any building.

Satellite dish station. Also referred to as "earth stations" or "ground stations" shall mean any antenna with an essentially solid surface, whether flat, concave or parabolic which is designed for receiving communication signals from a transmitter or a transmitter relay located in planetary orbit on the planet itself.

Screening. Any solid fencing, walls, or landscaping used to conceal a use, structure, or the like from an outside observation.

Setback, front. The minimum horizontal distance between the front lot line and a building, not including any permitted obstructions.

Setback, rear. The minimum horizontal distance between the rear lot line and a building, not including any permitted obstructions.

Setback, side. The minimum horizontal distance between the side lot line and a building, not including any permitted obstructions.

Sign. Means every sign, device, copy change, flashing sign, streamer, window promotional sign, billboard, freestanding sign, attached sign, roof sign, illuminated sign, temporary sign, marquee, awning, canopy, and any announcement, declaration, demonstration, display illustration or insignia containing words, printing, pictures, designs, or combinations hereof used to identify or inform or advertise or promote the interests of any person, business, profession, product or service when the same is placed in view of the general public.

Sign, attached. A sign attached to or held in place by supports attached to a principal structure.

Sign, Community. A sign identifying the Village of Palatine and other village related information.

Sign, development. A temporary on-premises sign for the purpose of advertising a new construction project or development during the period in which it is being constructed as well as the initial renting/selling period.

Sign, Electronic Message Board (formerly Copy Change Sign). A sign with a fixed or changing display/message composed of a series of lights that may changed through electronic means. Electronic signs depicting solely time and temperature or gasoline prices shall not be considered an electronic message board.

Sign, Event. A temporary sign advertising the name, duration and location of a specific event occurring within the Village of Palatine.

Sign, freestanding. A sign supported by pedestal(s), pier(s), column(s) or other similar support(s) either in or upon the ground, and which is not attached to any building.

Sign, Institutional. A sign identifying a public, government, civic or religious institution or organization located on the same zoning lot.

Sign, noncommercial. A sign, providing no commercial advertising of any kind, used to identify non-commercial activities.

Sign, nonconforming. A sign existing at the effective date of this ordinance which could not be constructed under the terms of this ordinance.

Sign, temporary. A non-permanent sign erected, affixed or maintained for a short, usually fixed, period of time.

Sign, Temporary Directional. A temporary sign designed to provide directional traffic information for a specific event occurring within the Village of Palatine.

Sign, window promotional. A sign made of non-combustible material such as paper or cardboard which promotes a price or service offered by the business or commercial use and is located in the window of said establishment.

Special use. A "special use" is permission granted by the village board, pursuant to the terms of this appendix, for use of property in a way not ordinarily permitted in a given zoning district classification.

Stable, private. A stable is any building, located on a lot on which a residence is located, designed, arranged, used or intended to be used for not more than four (4) horses for the private use of the residence, but shall not exceed six hundred (600) square feet in area.

Stable, public. A stable where horses are kept for remuneration, hire or sale.

Stacking space. A component of a drive through lane measuring a minimum of 12 feet by 22 feet with direct forward access to a service window or drive through facility. Stacking spaces for drive through or drive-in uses may not be counted as required parking spaces.

Stand, roadside. A structure for the display and sale of products with no space for customers within the structure itself.

Stoop. An unenclosed platform at the entrance to a building.

Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof, excepting the following:

1.

A basement shall not be considered as a story where the finished surface of the floor above the basement is twelve (12) inches or less above the finished grade. .....

2.

A basement shall be considered a story where the finished surface of the floor above the basement is fifty-four (54) inches or greater above the finished grade. .....

Street. A public or private right-of-way which affords the primary means of access to abutting property.

Street line. The dividing line between the lot and the street.

Structural alterations. Any change, other than incidental repairs, in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or exterior walls.

Structural trim. Means the molding, battens, capping's, nailing strips, latticing and platforms which are attached to the sign structure.

Structure. Anything erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground. A sign, billboard, or other advertising medium detached freestanding or attached projecting and having a gross area of sixty (60) square feet or more shall be construed to be a structure.

Structure, principal. A structure in which a principal use is conducted.

Structure, temporary. A structure not designed or intended for permanent human occupancy nor for the permanent protection of animals, chattels, or property of any kind.

Subdivision regulations. Shall be defined as Appendix B of the Code of Ordinances, Village of Palatine, Illinois.

Tavern or bar. A place of business that serves alcoholic beverages with a legally approved village liquor license with limited food service.

Tourist home. A building containing a single dwelling unit and in which meals or lodging or both are provided or offered to transient guests for compensation.

Tower. Shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular phone towers, alternative tower structures and the like.

Trailer. Any vehicle not independently maneuverable, designed for carrying persons or property and for being drawn by a motor vehicle, whether attached or detached from a motor vehicle.

Unified center. A building or buildings located on a single lot which has at least two (2) separate business or commercial uses.

Unique Uses. A use not otherwise listed as a Permitted Use or Special Use within any zoning district.

Unit of Government shall mean any Federal or State office, agency or a unit of local government recognized as such in the Illinois Compiled Statutes.

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, principal. The main use of land or buildings as distinguished from a subordinate or accessory use.

Use, temporary. A use of a building, structure or parcel of land which is not permanent and in existence for a limited amount of time.

Use, nonconforming. Any lawfully established use of a building or premises which on the effective date of this ordinance does not comply with all of the applicable use regulations of the zoning district in which such building or premises shall be located. For the purpose of this ordinance, any use lawfully established on the effective date of this ordinance which is nonconforming solely by virtue of lacking off-street parking or loading facilities as required hereinafter for new uses shall not be deemed a nonconforming use.

Used car lot. Any land used or occupied for the purpose of buying and selling second-hand passenger cars and/or trucks and the storing of same prior to sale.

Variation. A "variation" is a grant of relief by the village board, pursuant to the terms of this appendix, from specific limitations of the zoning ordinance with reference to a structure to be constructed or modified on a given zoning lot or parcel of land.

Vehicle, motor. Any automobile, pickup, mini-van, van, semi, motorcycle or other vehicle propelled or drawn by mechanical power.

Vehicle, private passenger. Any automobile, pickup three-quarter (¾) ton or less, mini-van, van or motorcycle owned and used by the occupant for private, every day transportation use.

Village. Shall mean the Village of Palatine, Illinois.

Village Manager. Shall mean the appointed official of the Village or one of his/her designated representatives.

Village operated facilities. Shall include but not be limited to fire and police stations, public works garages/storage facilities, municipal office buildings, sanitary sewer and potable water systems, storm water management facilities, and telecommunication devices.

Vision clearance. An open, unoccupied triangular space at the street corner or a corner lot, the space being defined as a setback line extending across the corner between points established on the street lines by measurement from the corner.

Yard. An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except as hereinafter permitted. A "yard" extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.

Yard, front. A yard extending along the full width of the front lot line between the side lot lines. In the case of a corner lot, the front yard shall be adjacent to the shortest lot line that abuts a street. In the event that the lot lines abutting streets are of equal distance, the front yard shall be the yard that is adjacent to the street for which the building's street address is designated.

Yard, rear. A yard extending along the full length of the rear lot line between the side lot lines, provided, that in those locations where an alley is platted in the rear of the lot, one-half (½) of the width of the platted alley may be included in the rear yard requirement.

Yard, side. A yard extending along a side lot line between the front and rear yards.

Yard, required front. That yard established by the front setback requirement of this ordinance and the established front lot line.

Yard, required rear. That yard established by the rear setback requirement of this ordinance and the established rear lot line.

Yard, required side. That yard established by the side setback requirement of this ordinance and the established side lot line.

(Ord. No. O-147-90, § 1, 11-26-1990; Ord. No. O-92-93, 8-9-1993; Ord. No. O-37-94, 4-11-1994; Ord. No. O-18-95, § 1, 2-27-1995; Ord. No. O-83-96, § 1, 5-29-1996; Ord. No. O-72-98, § 3, 5-26-1998; Ord. No. O-72A-98, §§ 1, 2, 4—6, 5-26-1998; Ord. No. O-115-00, §§ 1—5, 9-25-2000; Ord. No. O-60-06, § 1, 4-3-2006; Ord. No. O-127-06, §§ 2—6, 7-17-2006; Ord. No. O-18-07, § 1, 3-5-2007; Ord. No. O-54-07, §§ 1—7, 4-16-2007; Ord. No. O-72-07, §§ 1—3, 5, 5-14-2007; Ord. No. O-199-07, § 10, 12-3-2007; Ord. No. O-52-08, §§ 2—5, 4-21-2008; Ord. No. O-57-09, § 1, 5-11-2009; Ord. No. O-3-10, § 1, 1-11-2010; Ord. No. O-144-11, § 1, 11-21-2011; Ord. No. O-32-12, § 1, 3-12-2012; Ord. No. O-63-12, § 1, 5-7-2012; Ord. No. O-85-12, § 2, 6-18-2012; Ord. No. O-115-12, § 1, 8-6-2012; Ord. No. O-29-15, §§ 1—3, 4-13-2015; Ord. No. O-123-15, 10-19-2015; Ord. No. O-36-17, 4-3-2017; Ord. No. O-19-20, 3-9-2020; Ord. No. O-40-21, 4-12-2021)