In the construction of this title, the rules and definitions contained in this chapter shall be observed and applied, except when the context herein clearly indicates otherwise. Definitions are for clarity and inclusion or exclusion of a definition in this title shall not be construed as an approved or recommended use. (Ord. 0-77-27, 7-18-1977)

   A.   The present tense includes the future and the present.

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

   C.   The word "building" includes the word "structure".

   D.   The word "lot" shall mean a zoning lot, unless otherwise defined herein.

   E.   The word "shall" is mandatory, the word "may" is permissive, and terms or words unless otherwise defined herein, shall be as defined in Webster's dictionary. (Ord. 0-77-27, 7-18-1977)

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

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

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

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

   C.   Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use; and

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

ADJACENT: Lying near or in the immediate vicinity.

ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to 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.

ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, P.A. 101-0027, as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, P.A. 101-0027, as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, P.A. 101-0027, as it may be amended from time to time, and regulations promulgated thereunder.

ADVERTISING DEVICE: Any advertising sign, billboard, or poster panel which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

AGRICULTURAL BUILDING OR STRUCTURE: For the purposes of this title, an agricultural building or structure shall imply any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.

AGRICULTURE: The use of land for agricultural purposes, including farming, apiculture, horticulture, floriculture and viticulture.

   The necessary accessory uses for packing, treating, or storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.

   Included are truck farming, growing of nursery stock, raising of fruit and berries, beekeeping, and the retail sale of products grown or raised on the premises through one growing season.

   Agriculture shall not include the commercial feeding of garbage or offal to swine or other animals or operating for the disposal of garbage, sewerage, rubbish, or offal.

   Also excluded from agriculture are mechanized industrial animal farms, commercially operated greenhouses, commercial milk farms, and commercial dog kennels.

   The land area (farm) necessary to constitute an agricultural use is five (5) acres.

AIRPORT: Any area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or right of way, including all necessary taxiways, aircraft storage and tie down areas, hangars, and other necessary buildings, and open spaces.

ALLEY: A public right of way which normally affords a secondary means of access to abutting property.

   Frontage on an alley shall not be construed as satisfying the requirements related to frontage on a dedicated street.

ALTERATION: Any change in size, shape, character, occupancy, or use of a building or structure.

AMENITY: Something that enhances the pleasantness or desirability of the zoning lot or the city, or contributes to the pleasure and enjoyment of the occupants, rather than to their indispensable needs.

ANIMAL HOSPITAL (VETERINARY CLINIC): A structure where animals or pets are given medical or surgical treatment. Use as a kennel, or for other boarding purposes, shall be limited to short time and fully enclosed boarding and shall only be incidental to such hospital use.

ANTENNA, COMMERCIAL: Any antenna structure that is intended for transmitting or receiving television, radio or telephone communications, excluding those used exclusively for emergency dispatch communications.

ANTENNA STRUCTURE: Any structure, mast, pole, tripod or tower for the purpose of either transmission or reception purposes or both.

APARTMENT: One or more rooms in a multi-family dwelling arranged, intended or designed as living quarters for an individual, group of individuals, or a family.

APARTMENT HOTEL: A hotel in which at least ninety percent (90%) of the hotel accommodations are occupied by permanent guests.

ASSISTED LIVING FACILITY: A residential facility within which residents with or without minor physical disabilities live, cook, dine, and recreate, and may be provided with medical and other services. An assisted living facility may provide ancillary services such as memory care or other services for aging persons.

AUTOMOBILE LAUNDRY (CAR WASH): A building or portion thereof containing facilities for washing motor vehicles, using automatic production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, and equipment for the hand washing of autos, whether by the customer or the operator.

AUTOMOBILE REPAIR, MAJOR: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service including body, frame or fender straightening or repair and painting of vehicles.

AUTOMOBILE REPAIR, MINOR: Incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under the definition of "Automobile Repair, Major".

AUTOMOBILE SERVICE STATION: A place where motor fuel, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of motor vehicles, are offered for sale directly to the public, on the premises; and including minor accessories and the servicing of motor vehicles, but not including major repairs; and including washing of motor vehicles where no mechanical devices are employed.

   When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.

   Services shall not include sale, rental or storage of automobiles, trailers, or other vehicles (new or used).

AWNING: A roof like mechanism, retractable in operation, which projects from the wall of a building, but does not include those advertising signs, billboards, or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.

BASEMENT OR CELLAR: A story partly or wholly underground. Where more than one-half (1/2) of its height is above the established finished grade, a basement shall be counted as a story for purposes of height measurement.

BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, other permanent open areas, or other lines of demarcation. A block may be located in part beyond the boundary lines of the corporate limits of the city of Prospect Heights.

BUILDING: Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

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

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

BUILDING HEIGHT: The height of a principal building shall be measured from the mean elevation of the finished lot grade at the front building line to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.

   Chimneys, towers, spires, elevator penthouses, cooling towers, and similar accessory structures and equipment, other than signs, shall not be included in calculating building height, provided that spires, radio towers and similar structures do not exceed seventy five feet (75').

BUILDING LINE: A maximum distance to lot lines on which a building may be constructed according to setbacks required. Construction may be anywhere within the building lines.

BUILDING, PRINCIPAL: A nonaccessory building in which is conducted the principal use of the lot.

BUILDING, TEMPORARY: Any building not designed to be permanently located at the place where it is or where it is intended to be temporarily placed or affixed.

BULK: The term used to indicate the size and setback of buildings or structures, and the location of same with respect to one another, and includes the following:

   A.   Size and height of buildings;

   B.   Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings;

   C.   Floor area ratio (FAR);

   D.   All open spaces allocated to buildings;

   E.   Amount of lot area and lot width provided per dwelling unit.

BUSINESS: An occupation, employment, or enterprise, which occupies time, attention, labor, and materials; or, wherein merchandise is exhibited or sold; or, where services are offered.

CAPACITY IN PERSONS: The maximum number of persons that can avail themselves of the services or goods of an establishment or use at any one time, with reasonable comfort and safety.

CARPORT: An open sided roofed automobile shelter, usually formed by an extension of the roof from the side of a building.

CELLULAR SERVICE: A telecommunications service that permits customers to use wireless, mobile telephones to connect, via low power radio transmitter sites called cell sites, either to the public switched network or to other mobile cellular phones.

CLINIC, MEDICAL AND/OR DENTAL: A medical and/or dental center or medical and/or dental clinic is an establishment where three (3) or more licensed physicians, surgeons, and/or dentists or other duly licensed medical practitioners engage in the practice of medicine or dentistry, operating on a group or individual basis with pooled facilities, such as coordinated laboratory, X-ray and allied departments, and the diagnosis and treatment of humans, which need not but may include a drug prescription counter (not a drugstore) for the dispensing of drugs and pharmaceutical products to the patients of said physicians, surgeons and dentists.

CLUB, PRIVATE (NONPROFIT): A nonprofit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such "private club" are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting.

   It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available.

   The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable federal, state and city laws.

COMMERCIAL VEHICLE:

   A.   D-plate or any vehicle over 8,001 - 12,000 GVW, regardless of signage, logos, ladder racks or similar styled accessories or equipment.

Except: Personal use pick-up styled trucks with no signage, logos, ladder racks or similar styled accessories or equipment.

   B.   B - plate or any vehicle less than 8,001 GVW:

      1.   That has commercial signage or logos;

      2.   With ladder racks or similar styled accessories or equipment.

   C.   Trailers open or closed with commercial signage, logos, ladder racks or similar styled accessories or equipment.

   D.   Box Trucks/Custom Work Truck: A box truck with a 'box' like shaped body design. Also known by other names; these include a cube van, cube truck, box van and custom work van. They are a straight truck (cab and bed are on the same frame).

COMPATIBLE USE: A property, use or service which is capable of direct association with certain other uses because it is complementary, congruous, or otherwise not detrimental to the principal use.

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

CONTIGUOUS: Substantial contact, adjoining, or touching another object or item.

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.

CURB LEVEL: The level of the established curb in front of a building measured at the center of such front.

DENSITY, GROSS: The numerical value obtained by dividing the total number of dwelling units in a development by the gross area of the tract of land in acres within a development. This would include all nonresidential land uses and private streets of the development as well as rights of way of dedicated streets; the result being the number of dwelling units per gross acre of land.

DENSITY, NET: The numerical value obtained by dividing the total number of dwelling units in a development by the area of the actual tract of land in acres, upon which the dwelling units are proposed to be located and including private streets, common open space, and associated recreational facilities within the area; the result being the number of dwelling units per net residential acre of land. Net density calculations exclude rights of way of publicly dedicated streets.

DETENTION: Temporary storage of rainwater that has a positive calculated outlet that completely empties all runoff between storms. In some situations, the excavation of a detention facility may extend below the water table or outlet level where the bottom is sealed by sedimentation.

DRIVE-THROUGH RESTAURANT FACILITY: A portion of a restaurant which accommodates those patrons who wish to purchase and pick up their food, via a service window, without leaving their vehicle, and who normally consume the food off the premises.

DRIVEWAY: A pathway for motor vehicles from a street to a structure used for service purposes or for access to the structure only.

DWELLING: A building or portion thereof designed or used exclusively for residential purposes, including single-family and multiple-family dwellings.

   Mobile homes or other trailers and lodging rooms in hotels, motels or lodging houses are not dwellings.

DWELLING, ATTACHED: A dwelling joined to two (2) other dwellings (or 1 for an end unit) by party walls, or vertical cavity walls, and aboveground physically unifying horizontal structural elements.

DWELLING, CONVERTED: Any building which was originally designed for one type of residential use, but which has been altered or changed to another type of residential use.

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

DWELLING, MULTIPLE-FAMILY: A dwelling containing three (3) or more dwelling units.

DWELLING, SEMIDETACHED: 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, TWO-FAMILY: A dwelling containing two (2) dwelling units 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, are customarily included within each dwelling unit.

EARTH STATION, COMMERCIAL: Any earth station used in conjunction with communication facilities for use in commerce or industry.

EDUCATIONAL INSTITUTIONS: A public, parochial, private or charitable, or nonprofit school, junior college, or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.

EFFICIENCY UNIT: A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room.

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.

ESTABLISHMENT, BUSINESS: A place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot. Direct access to each "business establishment" shall be separate and distinct from direct access to any other business establishment, and in no case shall there be access to one such establishment from within another such establishment.

ESTABLISHMENT, WHOLESALE: A business establishment engaged in selling to retailers, or jobbers rather than consumers.

FALLOUT SHELTER: An accessory building and use designed for the protection of life from radioactive fallout.

FAMILY: Refers to either:

   A.   An individual or two (2) or more persons, related by blood, marriage, civil union, or adoption, living together as a single housekeeping unit in a dwelling unit; or

   B.   A group of not more than four (4) persons, who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; plus, in either case, usual domestic servants.

FAMILY COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of 4 - 8 unrelated persons, plus paid professional support staff provided by a licensed, sponsoring agency either living with the residents on a 24-hour basis or present whenever residents with disabilities are present at the dwelling, and complies with the zoning regulations for the district in which the site is located. A family community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance abuse or alcohol abuse or for treatment of a communicable disease.

FARM: Land being used for agricultural purposes.

FAST FOOD RESTAURANT: A self-service establishment selling a limited number of prepared food items which are served in containers and with utensils that are disposable and which are dispensed for consumption on or off the premises.

FENCE: A structure which is a barrier and is used as a boundary, screen, separation, means of privacy, protection or confinement, and is constructed of wood, plastic, metal, masonry or other similar material.

FENCE, NATURAL: A fence made of natural growth, such as trees, deciduous shrubs, evergreens, etc.

FENCE, OPEN: A fence including gates which has, for each one foot (1') wide segment extending over the entire length and height of the fence, open spaces which afford a direct view through the fence.

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

FLOODPLAIN: As defined in the city of Prospect Heights "flood control ordinance".

FLOOR AREA (For Determining Area Ratio): For the purposes of determining the floor area ratio (FAR), the "floor area" of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings.

   The "floor area" of a building shall include basement floor area when more than one-half (1/2) of the basement height is above the established curb level (or above the finished lot grade level where curb level has not been established), elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof) penthouses, attic space having headroom of seven feet six inches (7'6") or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. However, any space devoted to off street parking or loading shall not be included in "floor area".

   The "floor area" of structures devoted to bulk storage of materials, including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of height in feet; i.e., ten feet (10') in height shall equal one floor.

FLOOR AREA (For Determining Off Street Parking And Loading Requirements): The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage area located within selling or working space as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of foods, or to business or professional offices.

However, "floor area" for the purpose of measurement for off street parking spaces shall not include:

   A.   Floor area devoted primarily to storage purposes (except as otherwise noted herein);

   B.   Floor area devoted to off street parking or loading facilities, including aisles, ramps, and maneuvering space or basement floor area other than area devoted to retailing activities and the production or processing of goods, or to business or professional offices.

FLOOR AREA RATIO (FAR): The floor area of the building or buildings on the zoning lot divided by the area of such zoning lot. The FAR requirements, as set forth under such zoning district, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

FRONTAGE: All the property fronting on one side of a street between the two (2) nearest intersecting streets, measured along the line of the street, or if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

FRONTAGE, ZONING LOT: All the property of such zoning lot fronting on a street, and measured between side lot lines.

GARAGE, COMMERCIAL: A building or portion thereof designed and used for the storage of motor vehicles for a fee which use may include the sales of motor fuels and oil, but not including the repair or sales of motor vehicles or parts.

GARAGE, PRIVATE: An accessory building designed and used for the storage of motor vehicles of not more than twelve thousand (12,000) pounds gross vehicle weight. A private garage may be occupied by motor vehicles or recreational vehicles of nonresidents of the principal building providing sufficient off street parking is provided in conformance with the requirements of this title for all vehicles owned or used by the occupants or resident owners of the property.

GARAGE, PUBLIC: A building or portion thereof other than a private, or storage garage, designed or used for equipping, servicing, or repairing motor vehicles. Hiring, selling, or storing of motor vehicles may be included.

GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

GRADING: Reshaping natural land contours, using natural land materials such as soil, gravel, sand, black dirt, etc., for the purpose of eliminating erosion or sedimentation problems, creating or improving surface drainage, providing for the natural aesthetic contouring of property or to accommodate a building plan by making minor changes in the land elevation.

GUEST, PERMANENT: A person who occupies or has the right to occupy a lodging house, hotel, apartment hotel, or motel accommodation as his domicile and place of permanent residence.

HELISTOP: Any area used or to be used for the landing or takeoff of helicopters or other steep gradient aircraft capable of hovering, but does not afford refueling, maintenance, or repair facilities and is for the accommodation of a single helicopter.

HOME OCCUPATION: See section 5-3-5 of this title.

HOSPITAL OR SANITARIUM: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for not less than twenty four (24) hours in any week, of three (3) or more nonrelated individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions.

   The term "hospital" as used in this title does not apply to institutions operating primarily for treatment of insane persons, drug addicts, liquor addicts, or other types of cases necessitating restraint of patients, and the term "hospital" shall not include convalescent, nursing, shelter, or boarding houses.

HOTEL: An establishment which is open to transient guests, in contradistinction to a boarding house, lodging house, or apartment hotel, and is commonly known as a hotel in the community in which it is located.

   An establishment which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy services.

HOUSE, HALFWAY: Any structure or building which is owned and/or operated by a public or private institution, and is used for or intended to be used for rehabilitative programs, whereby the occupants are allowed to interact with the community while in residence, and will eventually be reintroduced into the community.

INCOMPATIBLE USE: A use or service which is incapable of direct association with certain other uses because it is contradictory, incongruous, or discordant.

JUNK CAR: An automobile, truck or other motor vehicle which has been damaged to such an extent that it cannot be operated under its own power and will require major repairs before being made usable or such a vehicle which does not comply with state or city laws or ordinances.

JUNKYARD: An open area where junk, waste, scrap, discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles.

   A "junkyard" includes automobile wrecking or salvage yards, house wrecking yards, used lumberyards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but does not include uses established entirely within enclosed buildings.

KENNEL, COMMERCIAL: Any premises or portion thereof designed for the purpose of boarding, breeding or caring for dogs, cats or other domestic animals over six (6) months in age in return for remuneration, or for the purpose of sale.

LABORATORY: See definition of Research Laboratory.

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

LIVERY SERVICE: A central facility where any privately-owned transportation vehicle is intended to be used for the transportation of persons. This use includes the activities of distribution, dispatch, storage, loading of fleet vehicles and ancillary commercial offices. This definition includes uses such as private medical transportation services, limousine services, and taxi services. This definition does not include the uses of commercial truck parking lot; contractor's storage yard and salvage yards. An inherent characteristic of this use is the parking of operable vehicles, which are owned and advertised under the same business entity, which is considered a primary facet of the use; as a primary use, this area is not to be construed as outside storage.

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

LODGE: A hall or meeting place of a local branch or the members composing such a branch of a fraternal order, or society, such as the Masons, Knights Of Columbus, Moose, American Legion and other similar organizations.

   It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available.

   The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable federal, state, and county laws and city ordinances.

LODGING HOUSE: A building originally designed for or used as a single-family dwelling, all or a portion of which contains lodging rooms which accommodate persons who are not members of the keeper's family. Lodging or meals, or both, are provided for compensation on a weekly or monthly basis.

LODGING ROOM: A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one "lodging room".

LOT: A zoning lot, except as the context shall indicate a lot of record, in which case a "lot" is a lot of record.

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

      A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at its points of beginning within the lot or if the tangent at the points of intersection of the side lot lines with the street line intersecting, results in an interior angle of less than one hundred thirty five degrees (135°).

      The point of intersection of the street lot lines is the corner.

      In the case of a corner lot with a curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents above described.

   Interior Lot: A lot other than a corner or reversed corner lot.

   Irregular Lot: A lot which is not an interior lot, a corner lot, a reverse corner lot, or a through lot.

   Reverse Corner Lot: 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.

   Through Lot: 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.

   Zoning Lot: A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a "zoning lot" may or may not coincide with a lot or a lot of record.

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

LOT COVERAGE: The part or percent of the lot occupied by building or structures, including accessory buildings or structures.

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 FRONTAGE: That boundary of a lot along a public or private street.

LOT LINE: A property boundary line of any lot. When a lot extends to an abutting street or alley, the lot line shall be the closest street or alley line.

LOT LINE, FRONT: That boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a public way.

   That boundary where such public way is not a dedicated street the right of way of such public way shall be deemed to be sixty six feet (66'), unless otherwise provided.

   On a corner lot, the lot line having the shortest length abutting a street line shall be the front lot line.

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

LOT LINE, REAR: That boundary of a lot which is most distant from, and is, or is most nearly, parallel to the front lot line.

LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD: A lot which is a part of a subdivision, the plat of which has been registered in the office of the registrar of titles of Cook County prior to August 20, 1940, or has been recorded in the office of the recorder of deeds of Cook County.

   A "lot of record" is a parcel of land, the deed of which was recorded or registered in either of said offices prior to August 20, 1940.

LOT WIDTH: The minimum horizontal distance between the side lot lines of a lot measured at the required front setback line.

MAINTAINED: Upholding the appearance so as to be homogenous to the surrounding area.

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

MEZZANINE: A partial story occurring between two (2) main stories of a building.

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

   Even if the structure rests on a permanent foundation, with wheels, tongue, hitch and axle or lug bolts permanently removed, it shall be construed as a mobile home.

   A mobile home may be with or without mechanical power.

MOBILE HOME PARK: An area of land or lands upon which three (3) or more independent mobile homes are harbored either free of charge or for revenue purposes, and shall include any building, structure, tent vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park.

   A mobile home park shall not include a sales lot or unoccupied mobile homes for the purpose of inspection and sale.

MOTEL: An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourists.

   A "motel" furnishes customary hotel services such as maid service and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture.

   In a "motel", less than twenty percent (20%) of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists.

MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate or interstate shipment by motor truck.

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.

NONACCESS STRIP (RESERVE STRIP): A strip of land along the rear lot line, adjoining a thoroughfare right of way, of a through lot, and which is designed on a recorded subdivision plat or a property deed as land over which motor vehicular travel shall not be permitted.

NONCONFORMING BUILDING OR STRUCTURE: Any building or structure or portion thereof lawfully existing at the time of adoption of this title, or amendment thereto, which: a) does not comply with all of the regulations of this title, or of any amendment with all of the regulations of this title, or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or b) is designed or intended for a nonconforming use.

NONCONFORMING LOT: A "lot of record" which, when recorded, met the minimum lot area and other dimension requirements of the zoning ordinance of Cook County, but which through subsequent amendments to such ordinances or other acts of a public body, has caused the lot of record to be in conflict with the minimum lot area and other dimension requirements of this title.

NONCONFORMING USE (LEGAL NONCONFORMING USE): Any building or structure and the use thereof or the use of land that does not conform with the regulations of this title or any amendment hereto 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 building or structure was erected, enlarged, or altered, and the use thereof or the use of land was established.

NURSERY, CHILDCARE, OR NURSERY SCHOOL: A building containing facilities for the part time care of five (5) or more children of preelementary school age and may include, in addition, the dwelling unit of the family residing therein.

NURSING HOME: A building containing facilities for the care and home of 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.

OFF STREET PARKING AREA OR LOT: Land which is improved and used or a structure which is designed and used exclusively for the parking of passenger motor vehicles, either for accessory off street parking spaces or commercial off street parking spaces when permitted herein by district regulations.

OFF TRACK BETTING FACILITY: An establishment licensed by the Illinois racing board pursuant to 230 Illinois Compiled Statutes 5/1 et seq., as amended, to accept legal wagering on the outcome of simultaneously televised horseraces taking place at an off site racetrack, and such establishment may be licensed by the Illinois Gaming Board, pursuant to the Sports Wagering Act, 230 Illinois Compiled Statutes 45/1 et seq., to simultaneously conduct sports wagering, as such term is defined in the Sports Wagering Act.

OPEN SALES LOT: Land used or occupied for the purpose of buying, selling, or renting merchandise stored or displayed out of doors prior to sale.

PARKING SPACE: An area, enclosed in a building or unenclosed, reserved for the parking of one motor vehicle, and which is accessible to and from a street or alley.

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

PAWNSHOPS: An establishment licensed by the pawnbroker regulation act 1 as amended.

PERSONAL COMMUNICATION SERVICES (PCS): Digital wireless telephone technology such as portable phones, pages, faxes and computers.

PLAN/ZONING BOARD OF APPEALS: The plan/zoning board of appeals of the city of Prospect Heights, Illinois, as created by ordinance.

PORTABLE STORAGE CONTAINERS: A portable container, usually transportable by truck, intended for the temporary storage of ordinary household goods and/or furnishings, but does not include deck boxes, or sheds, garages and other accessory buildings.

PROPERTY LINES: The lines bounding a "zoning lot", as defined herein.

PUBLIC WAY: Any sidewalk, street, alley, highway, or other public thoroughfare.

PUMPING STATION (LIFT STATION): A station at which sewage, stormwater, or water, is pumped to a high level.

RAILROAD RIGHT OF WAY: A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

RECORDING (Of A Document): To officially record a document in the office of the Cook County recorder or to register a document (in torrens) with the Cook County registrar.

RECREATION CLUB: A nonprofit association of persons who are bona fide members paying annual dues which owns, hires or leases land or buildings or portion thereof. The use of the premises is restricted primarily to the principal use, which is a generally recognized sport or recreational activity. The premises shall be restricted to members and their guests. The affairs and management of such "recreational club" are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting.

   It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available.

   The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some recognized sport or recreational activity, and further provided that such sale of alcoholic beverages is in compliance with the applicable federal, state, and city of Prospect Heights laws.

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.

RESERVOIR: The term "reservoir" is commonly applied to waters held in storage in either artificial or natural basins and impoundments primarily for a source of water for power, municipal, industrial, domestic or flood control uses.

RESERVOIR PARKING: Those off street parking spaces allocated to automobiles awaiting entrance to a particular establishment.

RETENTION: Storage of rainwater for an indefinite amount of time without a positive outlet. Runoff is removed only by infiltration or through evaporation. Infiltration basins and wet ponds with freeboard for flood storage are common examples.

ROADSIDE STAND: A structure erected for the display and sale of agricultural products. These products are generally grown on site or on other premises owned or used by the operator of the roadside stand. There are two (2) distinct types of roadside stand operations: accessory and commercial.

   An "accessory roadside stand" is a stand located on the same premises as a farm which is in conformance with this title. All the products or produce not grown on land owned by the operator of the roadside stand must be of a purely agricultural nature.

   A roadside stand located apart from a functioning farm shall be considered a "commercial roadside stand", and requires appropriate commercial zoning.

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

SATELLITE ANTENNAS: Any disk antenna, whether flat, concave, or parabolic, which is designed to receive signals from satellites or other sources, or to transmit such signals to a receiving station for noncommercial purposes.

SETBACK: The minimum horizontal distance between the front line of the building or structure and the front property line.

SHORT-TERM RENTAL MARKET PLACE: A platform through which the owner or authorized agent of the owner of the single-family or residential dwelling unit offers a short-term/vacation rental to an occupant/customer.

SHORT-TERM RENTAL PROPERTY: A single-family dwelling that is offered for rent for a period shorter than thirty (30) consecutive days to any person other than a member of the owner's family. The term "short-term rental" shall not include hotels, motels, or lodging establishments licensed pursuant to this Code or a unit that is used for non-residential purposes such as educational, healthcare, retail, restaurant, banquet space, event center, or other similar uses.

SIGNS: See chapter 9, "Signs", of this title.

SINGLE OWNERSHIP: A lot in single ownership is one where the owner does not own adjoining vacant property.

STABLE, PRIVATE: A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

STABLES AND/OR RIDING ACADEMIES, COMMERCIAL: The grounds and buildings where horses are bred, raised, boarded or kept for the remuneration, hire or sale.

STABLES AND/OR RIDING ACADEMIES, NONCOMMERCIAL: The grounds and buildings designed, arranged, used or intended to be used for the boarding, keeping, or housing of horses for the private use of the owner. Such use may be located on a lot occupied by residential uses or may be located on a lot occupied by the equestrian facilities of a private riding club. All such uses shall be operated as not for profit facilities.

STORY: That portion of a building, other than a cellar or basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

   The floor of a story may have split levels provided that there are not more than four feet (4') differences in elevation between the different levels of the floor.

   The mezzanine floor shall be counted as a story when it covers over one-third (1/3) 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.

   Rooftop appurtenances, including cooling towers, elevator bulkheads, fire towers, air conditioning equipment, etc., if enclosed, shall be counted as a story when it covers over one-third (1/3) the area of the floor next below it.

STREAM: Any natural, artificial, or channelized watercourse that transports continuous or periodic flowing water.

STREET: A public or private right of way or easement which is designated as a permanent right of way easement for common use as the primary means of vehicular access to properties abutting on it.

STREET LINE: The street right of way line abutting a property line of a lot.

STRUCTURAL ALTERATION: Any change in the supporting members of a building 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: See definition of Building.

TELECOMMUNICATIONS: The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

TEMPORARY BUYING LOCATIONS (e.g., Cash For Gold): An establishment used by an unregistered buyer as defined by section 510/15 of the pawnbroker regulation act 2 .

TENT: Any structure or enclosure, the roof of which and/or one- half (1/2) or more of the sides, are constructed of silk, cotton, canvas, fabric, or a similar light material.

TERRACE OR PATIO: An open paved area designed as access to a building entrance or as an open outdoor living space. Such construction may be level with the surrounding grade or not more than one and one-half feet (11/2') above such grade.

TOURIST HOME: A building designed for or used as a single-family or two-family dwelling in which sleeping rooms are provided or offered to transient guests for compensation.

TRAILER: Any vehicle, house car, camp car, recreational vehicle, or any portable or mobile vehicle on wheels, jacks, horses, skids, or blocks, and with or without motive power, which is used, adapted, or designed for living, sleeping, business, trade, occupation, or storage purposes. A permanent foundation shall not change its character unless the entire structure meets Prospect Heights building code regulations.

TRAILER-CAMPER PARKS: A residential facility designed, used or intended to be used to accommodate the overnight or temporary location, hookup, or use of its facilities for travel trailers, camp trailers, and recreation vehicles.

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

USE, ACCESSORY: See definition of Accessory.

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

USE, PRINCIPAL: The dominant use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be either "permitted" or "special".

USE, SPECIAL: A use that has operational, physical and other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that complements or is otherwise compatible with the intended overall developments within a district.

VEHICLE, MOTOR: Any passenger vehicle, motorcycle, truck, truck- trailer, or semitrailer propelled or drawn by mechanical or electromechanical power.

VEHICLE, RECREATIONAL: Any vehicle or trailer propelled or drawn by mechanical or electromechanical power which is designed for recreational activity or short term living accommodation. (See chapter 8 of this title.)

VEHICLE STORAGE: For purposes of this title, "storage" of motor vehicles shall mean the placement of motor vehicles on an approved parking area for a period of thirty (30) days or more in a continuous inoperative state.

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

WAREHOUSE: A structure, part thereof, or area used principally for the storage of goods and merchandise.

WATER SUPPLY SYSTEM, INDIVIDUAL: The water service pipe, the water distribution pipes, and the necessary connecting pipes, fittings, control valves, and all appurtenances in or adjacent to the building or premises.

WATER SUPPLY SYSTEM, PUBLIC: Collectively all property involved in a water utility including land, water sources, collection systems, dams and hydraulic structures, distribution systems and other appurtenances, pumping stations, treatment works and general properties, or any parts thereof.

WATERWORKS: Includes a waterworks system in its entirety or any integral part thereof, including hydrants, meters, valves, standpipes, storage tanks, and all other elements, useful in connection with a water supply or water distribution system.

WELL: An underground source of water made accessible by drilling or digging to the level of the water table, or deeper.

WIRELESS ACCESS: Any one of a number of methods to replace all or part of the wired connections in a community's network to residential and business subscribers.

YARD: An open space on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in section 5-3-4 of this title. A "yard" extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located. Where the zoning lot: a) contains a public right-of-way easement or established public street without a formal dedication, and b) the property boundary of the zoning lot is actually in a public street, and c) the owner is not required to resubdivide the property in accord with subsection 5-3-17E of this title and title 6, "Subdivisions", of this Code, a "yard" extends along the line which is the limit of the public right-of-way easement or thirty three feet (33') from the center of the road, whichever is greater.

YARD, CORNER SIDE: A side yard which faces a public street.

YARD, FRONT: A yard extending along the full length of the front lot line between the side lot lines.

YARD, INTERIOR SIDE: A side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.

YARD LINE: A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard.

   A building, structure, or other obstruction shall not encroach into the area between the yard line and such adjacent lot line, except for such permitted obstructions in yards as are set forth in this title.

YARD, REAR: A yard extending along the full length of the rear lot line between the side lot lines.

YARD, SIDE: A yard extending along a side lot line from the front yard to the rear yard.

YARD, TRANSITIONAL: That yard which must be provided on a zoning lot in a Business District which adjoins a zoning lot in a Residential District, or that yard which must be provided on a zoning lot in a Manufacturing District which adjoins a zoning lot in either a Residential or Business District.

ZONING ADMINISTRATOR: The person charged with the responsibility of administering and enforcing this title.

ZONING DISTRICTS: The districts into which the City of Prospect Heights, Illinois, has been divided as set forth on the zoning district map for the purposes of zoning regulations and requirements.

ZONING MAP: The map or maps incorporated into this title as part thereof, designating zoning districts.

(Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003; Ord. 0-08-01, 1-22-2008; Ord. 0-08-24, 6-16-2008, eff. 6-27-2008; Ord. 0-12-06, 3-12-2012; Ord. 0-14-20, 10-28-2014; Ord. 0-17-23, 10-9-2017; Ord. O-18-21, 6-11-2018; Ord. O-19-01, 2-11-2019; Ord. O-19-33, 11-11-2019; Ord. O-19-42, 12-9-2019; Ord. O-20-31, 9-14-2020; Ord. O-23-01, 2-27-2023)