RULES AND DEFINITIONS
In the construction of this ordinance and any subsequent amendment, the rules and definitions contained in this article shall be observed and applied, except where the context clearly indicates otherwise.
1600.1
Rules:
a.
Words used in the present tense shall include the future.
b.
Words used in the singular number shall include the plural number, and the plural singular.
c.
The word "shall" is mandatory and not discretionary.
d.
The word "may" is permissive.
e.
The word "lot" shall include the words "piece" and "parcel".
f.
The word "building" shall include the word "structure" and shall include all other improvements of every kind regardless of similarity to buildings.
g.
The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for".
h.
The word "person" shall include a "firm, association, organization, partnership, trust, company, or corporation as well as an individual".
i.
The masculine gender includes the feminine and neuter.
j.
Any use not expressly set forth as a permitted use, accessory use, temporary use or special use in the Zoning Ordinance is prohibited.
1600.2.
Definitions: The following words and terms shall have the meaning set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meaning indicated by common dictionary definition.
Accessory structure: Any detached structure or use which is incidental to that of the main building and which is located on the same zoning lot. Accessory structures shall be classified as follows:
Class 1: Unenclosed accessory structures constructed totally of non-combustible materials and having a height of four feet or less, e.g.: patios, in-ground and above-ground pools, air-conditioning equipment;
Class 2: Roofed and/or enclosed accessory structures constructed totally of non-combustible materials and having a height in excess of four feet, e.g.: enclosed pools;
Class 3: Unenclosed accessory structures constructed of combustible or non-combustible materials, e.g.: decks, fences, flag poles, radio antennae, walls, arbors, trellises, outdoor swings and play sets;
Class 4: Enclosed structures constructed of combustible materials, whether roofed or not, e.g., trash enclosures, garages, carports, gazebos, storage sheds, child's playhouse.
Accessory use: A use that:
1.
Is subordinate in area, extent, and purpose to, and serves, a principal use;
2.
Is customarily found as an incident to such principal use;
3.
Contributes to the comfort, convenience, or necessity of those occupying, working at, or being served by such principal use;
4.
Is, except as otherwise expressly authorized by the provision of this zoning ordinance, located on the same zoning lot as such principal use; and
5.
Is under the same ownership and control as the principal use.
Agriculture: Land including necessary buildings and structures, for the raising of soil crops or the raising of domestic animals as the principal occupation of the residents or users thereof. It shall also include truck-farming, beekeeping, the raising of fruit and berries, and selling the products thereof, but shall not include the feeding of garbage to animals.
Airport: An area of land or water which is used or intended for use for the landing and taking-off of air-craft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxies, aircraft, storage and tie down areas, hangars and other necessary buildings and open spaces.
Alley: A dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property.
Alteration: Any change in size, shape, character, occupancy, or use of a building or structure.
Animal hospital: A structure or portion thereof, designed or used for the care, observation or treatment of domestic animals.
Apartment: A room or suite of rooms in a multiple dwelling suitable for occupancy by an individual, group of individuals or a family.
Apartment hotel: A building designed or utilized for residential hotel accommodations by permanent guests.
Apparel stores: Stores selling new clothing for men, women or children at retail.
Appliance sales: The sale of common household appliances such as washing machines, television sets, power tools, electric razors, radios and refrigerators, and repair of the same types of appliances as are sold on the premises when such repairs are incidental or accessory to their sale.
Auto court: Same as motel (see definition of motel).
Automobile accessory stores: Stores engaged primarily in the business of selling tires, batteries, seat covers, and other automobile accessories.
Automobile laundry: A building or portion thereof containing facilities for washing more than two vehicles, using automatic production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or provided space, water and equipment for the hand washing of automobiles, whether by the customer or the operator.
Automobile repair: General repair, overall painting, engine repairing or rebuilding, reconditioning of motor vehicles, trailers such as body or framework, and fender straightening.
Automobile sales: The sales of new and used automobiles and other motor vehicles in operating condition; the storage of automobiles and other motor vehicles in operating condition, but not including storage of trucks of more than five tons in weight or buses; and, the repair and servicing of such vehicles, including body work, painting, motor rebuilding where conducted within a completely enclosed building.
Automobile service station: A building or portion thereof, or lot used for offering for sale at retail to the public, fuels, oils and accessories for motor vehicles; where repair service is incidental, and where no storage or parking space is offered for sales or rent. An automobile service station shall be less than three acres in size and shall not have parking spaces for "commercial motor vehicles" as defined in Section 18b-101 of the Illinois Vehicle Code, 625 ILCS 5/18b-101. Further, an automobile service station shall not be a licensed truck stop establishment as defined by the Video Gaming Act, 230 ILCS 40/1 et seq.
Automobile trailer: Any vehicle, without motor power, used or so constructed as to permit it being used as a conveyance upon the public streets and highways and licensable as such, constructed in such a manner as will permit occupancy as a dwelling or sleeping place for one or more persons, and including also a self propelled vehicle having body designed as living quarters.
Automobile wrecking: The dismantling of used motor vehicles or trailers, the burning of combustible parts thereof, or the storage, sale or dumping of dismantled or wrecked motor vehicles or their parts.
Awning: A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
Banks and financial institutions: Commercial banks, savings and loan associations, brokerage offices and other similar financial institutions, but not including pawn shops.
Basements: That portion of a building having more than one-half (½) of its height below the average lot grade.
Blocks: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, bulkhead lines, or shorelines of waterways, or corporate lines of the village.
Boarding house: A building, other than a hotel, where meals for three or more persons, and not to exceed 20 persons are served for compensation to regular patrons by previous arrangement. If a number greater than 20 persons are regularly served, the establishment shall be classified as a restaurant. rest homes, nursing homes, homes for the aged, homes for children and penal institutions shall not be classified as "boarding homes".
Brew pub with taproom: A person who manufactures beer only at a designated licensed premises to make sales to importing distributors, distributors and to non-licensees for use and consumption only, who stores beer at the designated premises, and who is allowed to sell it at retail from the licensed premises, provided that the licensee shall not sell for off-premises consumption more than 155,000 gallons per year.
Building: A permanently located, roofed, structure designed or intended for the enclosure, shelter or protection of persons, animals or movable property of any kind and which is permanently affixed to the land.
Building height: The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest elevation of the roof in the case of a slant or flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, chip, or gambrel roof; provided that where buildings are set back from the street lines, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
Building line: The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.
Building, principal: A non-accessory building in which a principal use of the lot, on which it is located, is conducted.
Bulk: The term used to indicate the gross floor area of a building in relation to the lot area, the height of the structure, and the percentage of land coverage allowable for each building on a zoning lot.
Business and professional offices: The office of an engineer, doctor, dentist, attorney, real estate broker, architect, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.
Business district: Any zoning district designated with a "C" classification.
Cannabis: "Cannabis" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
Cannabis business establishment: A "cannabis business establishment," as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended; such other cannabis business establishments authorized under the Act, as amended; or a medical cannabis dispensary, or medical cannabis cultivation center.
Cannabis craft grower: A "craft grower" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
Cannabis cultivation center: A "cultivation center" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
Cannabis dispensary: A "dispensing organization" and "dispensary" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
Cannabis infuser: An "infuser organization" or "infuser" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
Cannabis processer: A "processing organization" or "processer" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
Cannabis transporter: A "transporting organization" or "transporter" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
Capacity in persons: The maximum number of persons that can avail themselves of services (or goods) on an establishment, at any one time, with reasonable comfort.
Carport: An open sided, roofed automobile shelter, usually formed by extension of the roof from the side of the building.
Club, private (non-profit): A non-profit 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 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. It shall be permissible to serve food and meals on the premises, provided adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be subject to compliance with the village, state and federal ordinances.
Clinic or medical center: A medical center or medical clinic is an establishment where three or more licensed doctors of medicine engage in the practice of medicine, operating on a group or individual basis, with pooled facilities such as a coordinated laboratory, x-ray and allied department, for the diagnosis, and treatment of humans, which need not but may include, a drug prescription counter (not a drug store) for the dispensing of drugs and pharmaceutical products to the patients of said organization. In addition to the above, the medical center or medical clinic may include space for the practice of dentistry.
Columbarium: A vault with niches for cinerary urns.
Common open space and recreational areas:
Recreational area shall be defined as land specifically designed and intended for the active or passive recreational use of residents and shall include, but not be limited to, public and private play lots, and parks, school sites, storm water detention or retardation areas, if such areas are capable of being utilized for multipurpose recreational activities, pedestrian corridors, bicycle and equestrian trails, greenbelt and open space networks.
Permanent common open space is defined as park-ways, medians, landscaped green space, and other similar areas which are not accepted by the village as suitable for recreational purposes.
Contiguous: In contact, adjoining, or touching another object or item as distinguished from being adjacent.
Contiguous area, minimum: The area that may constitute a separate or detached part of any zoning district classification as set forth in this ordinance.
Corner lot: A lot which adjoins the point of intersection or meeting of two or more streets and in which the interior angle formed by the street lines is 135 percent or less. If the street lines are curved, the angle shall be measured at the point of the intersection of the extensions of the street lines in the directions which they take at the intersections of the street line with the side lot line and the rear lot line of the lot. If the street line is curved at its point of intersection with the side lot line or rear lot line, the tangent to the curve at that point shall be considered the direction of the street.
Country club: A private recreational facility operated for bona-fide members paying annual dues for the use of a golf course and ancillary uses such as restaurants (including the sale of alcoholic beverages) residential uses for guests, managers and other employees, but not including commercially operated driving ranges or miniature golf courses.
Density, gross: The numerical value obtained by dividing the total dwelling units of a development by the gross area of the residential land use.
Density, net: The numerical value obtained by dividing the total dwelling units of a development by the net area of the residential tract (excluding, public or private streets) of land containing the residential land use.
District: A section of the Village of Round Lake Beach within which the regulations governing the use of land are the same.
Driveway: A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure. Driveways shall have an impervious dustless surface.
Duplex residence: Two one-family dwellings separated only by a vertical party wall without openings. A duplex dwelling shall be considered one building for the purpose of determining yard requirements.
Dwelling: A building or portion thereof, but not a mobile home, designed or used for residential occupancy.
Dwelling, attached: A residential building which is joined to another dwelling at one or more sides by a party wall or walls.
Dwelling, detached: A residential building which is entirely surrounded by open space on the same lot.
Dwelling, multi-family: A residential building containing three or more dwelling units.
Dwelling, single-family: A residential building containing one dwelling unit only.
Dwelling, two-family: A residential building containing two dwelling units only.
Dwelling unit: One or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use by one family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.
Easement: A grant by a property owner for the use of a strip or parcel of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes.
Efficiency apartment: A dwelling unit containing one or more rooms, but no bedroom, designed for occupancy by one family.
Encroachment lines: Limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines are established by assuming that the area landward (outside) of the encroachment lines will be ultimately developed in such a way that it will not be available to convey flood flows. If hydraulic efficiency of the floodway is maintained by protecting it against unnecessary encroachments, it will be adequate to convey the regulatory flood without resulting in an increase in flood elevations which cause damage to existing or future development.
Family: Either (a) an individual or two or more persons related by blood, marriage or adoption, maintaining a common household in a dwelling unit; or (b) a group of not more than four persons who are not related by blood, marriage, or adoption, living as a common household in a dwelling unit.
Farm: Land used for agricultural purposes.
Farming garbage: The feeding of combined or collected garbage or food waste to livestock or disposing of same in the open.
Fence: A free standing structure of metal, masonry composition or wood or any combination thereof, resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.
Flood: A temporary rise in stream flow or stage that results in water overflowing its banks and inundating areas adjacent to the channel.
Flood fringe: Any land that would have been inundated by the 50-year flood of record as determined by the village engineer.
Flood proofing: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.
Flood protection elevation: The elevation of the base flood elevation (100-year flood elevation) plus two feet of freeboard.
Floodway: The area flood as shown by the limits of the boundary of the 1977 flood as delineated on the USGS map of Grayslake Quadrangle.
Floor area: 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 center line of walls separating two buildings, computed as follows:
A.
For determining floor area ratio: The sum of the following areas:
1.
The basement floor area when more than one-half of the basement height is above the finished lot grade level where curb level has not been established;
2.
Elevator shafts and stairwells at each floor;
3.
Floor spaced used for mechanical equipment (except equipment, open or enclosed, mounted on the roof);
4.
Penthouses;
5.
Attic space having headroom of seven feet, ten inches or more;
6.
Interior balconies and mezzanines;
7.
Enclosed porches; and,
8.
Floor area devoted to accessory uses.
Spaces devoted to off-street parking or loading space shall not be included in the floor area of structures devoted to bulk storage of materials.
B.
For determining off-street parking and loading:
1.
Floor space devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks, or closets;
2.
Any basement floor area devoted to retailing activities; and,
3.
Floor area devoted to the production or processing of goods or to business or professional offices.
For this purpose, floor area shall not include space devoted primarily to storage purposes (except as otherwise noted herein) off-street parking and loading facilities, including aisles, ramps and maneuvering space, or basement floor area other than area devoted to retailing activities, the production or processing of goods, or business or professional offices.
Floor area ratio: The floor area ratio of the building or other structure on any lot is determined by dividing the floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot, or in the case of planned development, by the net site area. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for a building or other structure (including both principal and accessory buildings) in direct ratio to the gross area of the lot.
Food stores: Stores which sell foods, fresh or frozen, and other items commonly sold in connection therewith and including, but not limited to, stores commonly referred to as dairy stores, delicatessens, fruit and vegetable markets, grocery stores, health food stores, nut shops and supermarkets. Sales must be made at retail on the premises, but not for consumption on the premises.
Foot-candle: A unit of illumination. Technically, the illumination of all points one foot distance from a uniform point source of one candle power.
Frontage: The length of a front lot line or lines.
Frontage, zoning lot: All the property of such zoning lot frontage on a street, and measured between side lot lines.
Grade: The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
Gross acre or acres: Real property containing 43,560 square feet or 160 square roads with streets, highways, roads, right-of-way easements.
Health and fitness center: A building or portion of a building designed and equipped for the purpose of physical fitness, improved circulation or flexibility, weight control, or other customary and usual health and fitness activities, operated for profit, non-profit or not-for-profit. Customary and usual health and fitness activities may include, but are not limited to: group and individual weight training, aerobics, stretching, meditation, and instruction for these activities. This definition is distinguished from and exclusive of the definition for "recreational activity club" contained in this section. This definition does not include dancing schools or studios, gymnastics studios or martial arts studios.
Height, maximum: A horizontal plane above and parallel to the average finished grade of the entire zoning lot at the height shown in the district regulations. No part of any structure shall project through said plane except:
A.
Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located.
B.
Flag poles, television aerials, water towers and tanks, steeples and bell towers, carillons, monuments, cupolas, broadcasting and microwave transmitting and relay towers and electric transmission line towers.
Heliport: An area of land and/or a structure or building which is used or intended for use for the landing and taking off of helicopters and any appurtenant areas which are used or intended for use for helicopter buildings or other heliport facilities or rights-of-way, including all necessary pads, helicopter storage and tie down areas, hangers and other necessary buildings and open spaces.
Home occupation: See Article II, section 217.
Hydrodynamic force: Pertaining to the force of floodwater in motion.
Hydrostatic force: Pertaining to the force of floodwater at rest.
Hospital or sanitarium: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week, of three or more non-related individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions. The term "hospital" as used in this ordinance does not apply to institutions operating primarily for treatment 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 contradiction to a boarding house, lodging house, or apartment hotel, and is commonly known as a hotel in the community in which it is located; and 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 service.
Indoor-outdoor entertainment center. An indoor-outdoor entertainment center shall only be allowed as a special use where the special use permit includes a specific list of entertainment uses that may be located indoors or outdoors such as, but not limited to, the following examples: (i) indoor entertainment uses: bowling alleys, billiards, arcade games, food and beverage; (ii) outdoor entertainment uses: miniature golf, go-kart tracks, batting cages; or (iii) other indoor-outdoor entertainment uses as part of a specific special use for an indoor-outdoor entertainment center.
Industrial district: Any zoning district designated with an "I" classification, for example "I-1".
Kitchen: Any room used, or intended or designed to be used, for cooking or the preparation of food.
Kennel, commercial: Any premises or portion thereof on which more than four dogs, cats or other domestic animals over eight months in age are kept, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale.
Laboratory, medical: A use established for scientific experimentation, research or testing in the field of human medicine.
Landscaping: The improvement of a lot, parcel, or tract of land with grass, shrubs, and trees. landscaping may include pedestrian walks, flower beds, ornamental objects such as fountains, statuary and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.
Liquor store, package: Any establishment selling beer, wine or alcoholic liquor at retail to the general public in sealed bottles or other sealed containers for consumption or use away from the premises where said establishment is located.
Living area, minimum: Living area is the same as dwelling unit. See dwelling unit.
Lodging house: A building or premises where lodging is provided for compensation, for three or more regular patrons and not to exceed 20 patrons, and not for transients.
Lot area, minimum: The minimum area of a horizontal plane bounded by the front, side and rear lot lines.
Lot coverage: That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof areas.
Lot depth: The distance between the midpoint of the front lot line and the midpoint of the rear lot line.
Lot, interior: A lot other than a corner lot.
Lot frontage, minimum: The boundary of a lot along a public or private street.
Lot width, minimum: The minimum distance on a horizontal plane between the side lot lines measured at right angles to the lot depth at the established front building line.
Lot line: A property boundary line of a lot.
Lot line, front: The boundary of an interior lot which abuts the street, or the boundary of corner lot extending along the narrowest part of the lot abutting the street.
Lot line, rear: The boundary of a lot which is most distant from, and 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, zoning: A parcel of land that is designated by its owner or developer, at the time of applying for a zoning certificate, as a tract all of which is to be used, developed, or built upon as a unit under single ownership. As long as it satisfies the above requirements, such lot may consist of:
A.
A single lot of record, or
B.
A portion of a lot of record, or
C.
A combination of complete lots of record, complete lots and portions of lots of record, or portions of lots of record.
Major highway: All roads, streets, avenues, thoroughfares or other types of vehicular traveled ways designated by a United States or State of Illinois route number.
Medical cannabis cultivation center: A "cultivation center" as defined in Section 10 of the Compassionate Use of Medical Cannabis Program Act, as amended.
Medical cannabis dispensary: A "medical cannabis dispensing organization", or "dispensing organization", or "dispensary organization," as defined in Section 10 of the Compassionate Use of Medical Cannabis Program Act, as amended.
Medical cannabis facility: A medical cannabis cultivation center or a medical cannabis dispensing organization.
Mini-storage: One or more structures providing individual storage compartments or areas for individuals to those who rent or lease such compartments or areas. Mini-storage shall not mean permitted outdoor storage for a business.
Mobile home: Mobile home is a dwelling unit designed to be transported on streets and highways to the place where it is to be occupied as a dwelling unit complete and ready for year-round and permanent occupancy; except for minor and incidental unpacking and assembly operations, located on jacks or permanent foundations, connected to the village water and sewer systems, and similar operations.
Motel: A building or portion thereof, or a group of buildings which provides sleeping accommodations for transients on a daily or weekly basis, whether such establishments are designed as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist court, or otherwise.
Motor freight terminal: A building or area in which freight brought by truck is assembled and/or stored for routing in intrastate and interstate shipment by truck or in which semi-trailers, including tractor and/or trailer units, and other trucks are parked and stored.
Non-conforming structure: A structure which does not comply in some respect with the lot size requirements or bulk regulations applicable to new structures in the zoning district in which it is located.
Non-conforming use: An existing use of a structure or land which does not comply in some respects with the use regulations applicable to new uses in the zoning district in which it is located.
Nursing or convalescent home: An institution for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.
Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same down-stream to the damage of life or property.
Octave bank: A prescribed interval of sound frequencies which classifies sound according to its pitch.
Odor threshold: That lowest concentration of odorous matter in air that will produce an olfactory response in a human being.
On-premises cannabis consumption establishment: A cannabis dispensary or retail tobacco store (as defined in Section 10 of the Smoke Free Illinois Act) authorized or permitted to allow the on-premises consumption of cannabis.
Particulate matter: Material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.
Planned development: A parcel or tract of land, initially under single ownership or control to be developed as a unified project and single entity which contains two or more principal buildings and more than one principal use-the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations in any one district established by this zoning ordinance.
Preferred frequency octave bands: A standardized series of octave bands prescribed by the American National Standards Institute in S1.6-1060, Preferred Frequencies for Acoustical Measurements.
Principal structure: A structure in which a principal use of the lot on which the structure is located is conducted.
Private free libraries: Small enclosed structures used solely as a means for the free exchange of literary material and recorded performing arts material.
Principal use: The main use of land or structures as distinguished from a subordinate or accessory use.
Reach: A hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the flood hazard area where flood heights are primarily controlled by man-made or natural obstructions or constrictions. In an urban area, an example of a reach would be the segment of river between two consecutive bridge crossings.
Recreational activity club: A building or portion of a building designed and equipped for the conduct of specific sports, leisure or other customary and usual recreational activities, operated for profit, non-profit or not-for-profit. Customary and usual recreational activities may include, but are not limited to: swimming, basketball, tennis, racquetball and squash. This definition is distinguished from and exclusive of the definition for "health and fitness center" contained in this section. This definition does not include dancing schools or studios, gymnastics studios or martial arts studios.
Recreational facility, commercial: A use which may contain indoor and outdoor swimming pools, tennis courts, gymnasium, hand ball court, pool and billiard rooms, bowling alleys and other similar uses when operated for profit.
Recreational vehicle: Any building, structure, or vehicle designed and/or used for living, sleeping, or recreational purposes and equipped with wheels to facilitate movement and including pick-up coaches, campers, motorized homes, boats, snowmobiles, trailers, and camping trailers not meeting the federal specifications required for manufactured home or mobile home.
Regulatory flood: The regulatory flood is a flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The regulatory flood generally has an average frequency in the order of the 50-year recurrence interval flood determined from an analysis of floods on a particular stream and other streams in the same general area.
Regulatory flood protection elevation: The elevation to which uses regulated by this ordinance are required to be elevated or flood proofed.
Remodeling: Any change in structure, including a structural alteration (other than incidental repairs and normal maintenance) which may prolong its useful life, or the useful life of its supporting members such as bearing walls or partitions, columns, beams, girders or foundations; or the construction of any addition to, or enlargement of, a structure; or the removal of a structure.
Residence district: Any zoning district designated with an "R" for example, "R-2".
Residential building: A building all or part of which contains one or more dwelling units, including single-family dwellings, two-family dwellings, multiple-family dwellings, and lodging houses.
Restaurant: A public eating house, including, but not limited to, the types of business establishments customarily referred to as cafeterias, coffee shops, dairy bars, restaurants and soda fountains.
Restaurant, carry-out: A restaurant whose principal business operation is the dispensing of edible foodstuff and/or beverage, ready for consumption on the premises, at outdoor tables, at stand-up counters, or to be carried off the premises.
Retail sales: The sale of goods, merchandise and commodities for use or consumption.
Ringelmann number: The shade of smoke as it appears on the standard Ringelmann Chart published by the U.S. Bureau of Mines information Circular No. 8333 (1967).
Roadside stand: A structure for the display and sale of agricultural products, with no space for customers within the structure itself.
Screening: Decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation. When fencing is used for screening, it shall not be less than six feet nor more than eight feet in height.
Setback: The distance between the lot line and the principal building on the lot.
Shopping center: Two or more retail stores, service establishments, restaurants, and offices or any combination thereof, within a single complex or a single PUD, and/or sharing a common parking lot.
Sign: Any fabricated sign or outdoor display structure, which is constructed to gain attraction of the public and displayed for advertising purposes.
Sign, advertising: A sign which advertises a business or service not conducted or offered on the zoning lot on which such sign is located.
Sign, banner: A sign printed or painted on cloth, canvas, or any other fabric including plastic, and used for attracting the attention of the public.
Sign, ground: A sign supported by uprights or braces in or upon the ground surface
Sign, marquee: A sign attached to or hung from a marquee, canopy or other covered structure, projecting from and supported by the building and extending beyond the building line.
Sign, obsolete: A sign that does not advertise an existing business or a product including poles, posts, pylons, pipes or frames to which it is affixed.
Sign, portable: A sign, usually of a temporary nature, designed for changeable copy that may be moved, or was originally designed to be moved, from one location to another.
Sign, projecting: A display sign which is attached directly to the building wall, and which extends more than 15 inches from the face of the wall.
Sign, temporary: A sign constructed of cloth, fabric or other lightweight temporary material with without a structural frame intended a limited period of display; including decoration displays for holidays or public demonstrations.
Sign, wall: A sign which is painted on or attached directly to a fence or on the surface of masonry, concrete, frame or other approved building walls, and which extends not more than 15 inches from the face of the fence or wall.
Smoke: Small gas-borne particles other than water that form a visible plume in the air.
Sound level meter: An electronic instrument which includes a microphone, an amplifier, and an output meter which measures noise and sound pressure levels in a specific manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands.
Sound pressure level: The intensity of a sound measured in decibels mathematically described as 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar.
Standard cubic feet (SCF): Standard cubic feet, which is the measure of the volume of a gas reduced to 14.73 pounds per square inch pressure absolute and 60° F.
Structure: Anything constructed or erected with a fixed location on the ground. With reference to the forgoing, a structure shall include buildings, fences, walls and signs.
Tavern: An establishment in which alcoholic beverages are sold or served to customers for consumption on the premises including establishments, commonly known as key clubs, in which alcoholic beverages are served, only to members and their guests.
Temporary use: See Article II, (216).
Toxic matter: Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
Trafficway: A public way other than an alley, intended for vehicular traffic and affording a primary means of access to abutting property.
Trailer: A vehicle standing on wheels or on rigid supports which is used for transporting boats, cargo or property.
Use: Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a structure or on a tract of land.
The classification of a business in accordance with section 302.1, BOCA National Building Code.
Use regulations: The provisions of this ordinance which identify permitted uses, impose use limitations, require adherence to performance standards and regulate home occupations and accessory and temporary uses.
Vibration: The periodic displacement or oscillation of the earth.
Warehouse: A facility largely devoted to storage of goods and materials awaiting shipment to other facilities, or to another warehouse. Distinguished from retail in that no sales are conducted at the site. Also, no manufacturing is conducted on the site.
Wholesale sales: The sale of goods, merchandise and commodities for resale.
Yard: Open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for the permitted obstructions listed in section 223.
Yard, corner: A yard extending along the full length of a front lot line, side yard adjoining a street, and the rear lot line.
Yard, front: A yard extending along the full length of a front lot line and back to a line drawn parallel to the front lot line at a distance therefrom equal to the depth of the required front yard.
Yard, corner side: A side yard which abuts a street.
Yard, rear: A yard extending along the length of the rear lot line and back to a line drawn parallel to the rear lot line at a distance therefrom equal to the depth of the required rear year.
Yard, side: A yard extending along a side lot line and back to a line drawn parallel to the side lot line at distance therefrom equal to the width of the required minimum side yard, but excluding any area encompassed within a front yard or rear yard. Dimensions of minimum side yard specified in the district regulations of this ordinance refer to the required width of each side yard rather than to the total width of both side yards, unless otherwise specified.
Yard, transitional: The required front, side, or rear yard between a business or manufacturing district and a residential district.
(Ord. No. 01-06-01, 6-25-2001; Ord. No. 01-11-10, 11-12-01; Ord. No. 02-05-01, 5-13-2002; Ord. No. 08-03-06, 3-24-2008; Ord. No. 14-06-02, 6-9-2014; Ord. No. 16-03-08, 3-28-2016; Ord. No. 16-10-02, 10-24-2016; Ord. No. 19-12-02, 12-16-2019; Ord. No. 20-03-02, 3-16-2020; Ord. No. 20-06-04, 6-15-2020; Ord. No. 23-03-02, 3-20-2023)
RULES AND DEFINITIONS
In the construction of this ordinance and any subsequent amendment, the rules and definitions contained in this article shall be observed and applied, except where the context clearly indicates otherwise.
1600.1
Rules:
a.
Words used in the present tense shall include the future.
b.
Words used in the singular number shall include the plural number, and the plural singular.
c.
The word "shall" is mandatory and not discretionary.
d.
The word "may" is permissive.
e.
The word "lot" shall include the words "piece" and "parcel".
f.
The word "building" shall include the word "structure" and shall include all other improvements of every kind regardless of similarity to buildings.
g.
The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for".
h.
The word "person" shall include a "firm, association, organization, partnership, trust, company, or corporation as well as an individual".
i.
The masculine gender includes the feminine and neuter.
j.
Any use not expressly set forth as a permitted use, accessory use, temporary use or special use in the Zoning Ordinance is prohibited.
1600.2.
Definitions: The following words and terms shall have the meaning set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meaning indicated by common dictionary definition.
Accessory structure: Any detached structure or use which is incidental to that of the main building and which is located on the same zoning lot. Accessory structures shall be classified as follows:
Class 1: Unenclosed accessory structures constructed totally of non-combustible materials and having a height of four feet or less, e.g.: patios, in-ground and above-ground pools, air-conditioning equipment;
Class 2: Roofed and/or enclosed accessory structures constructed totally of non-combustible materials and having a height in excess of four feet, e.g.: enclosed pools;
Class 3: Unenclosed accessory structures constructed of combustible or non-combustible materials, e.g.: decks, fences, flag poles, radio antennae, walls, arbors, trellises, outdoor swings and play sets;
Class 4: Enclosed structures constructed of combustible materials, whether roofed or not, e.g., trash enclosures, garages, carports, gazebos, storage sheds, child's playhouse.
Accessory use: A use that:
1.
Is subordinate in area, extent, and purpose to, and serves, a principal use;
2.
Is customarily found as an incident to such principal use;
3.
Contributes to the comfort, convenience, or necessity of those occupying, working at, or being served by such principal use;
4.
Is, except as otherwise expressly authorized by the provision of this zoning ordinance, located on the same zoning lot as such principal use; and
5.
Is under the same ownership and control as the principal use.
Agriculture: Land including necessary buildings and structures, for the raising of soil crops or the raising of domestic animals as the principal occupation of the residents or users thereof. It shall also include truck-farming, beekeeping, the raising of fruit and berries, and selling the products thereof, but shall not include the feeding of garbage to animals.
Airport: An area of land or water which is used or intended for use for the landing and taking-off of air-craft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxies, aircraft, storage and tie down areas, hangars and other necessary buildings and open spaces.
Alley: A dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property.
Alteration: Any change in size, shape, character, occupancy, or use of a building or structure.
Animal hospital: A structure or portion thereof, designed or used for the care, observation or treatment of domestic animals.
Apartment: A room or suite of rooms in a multiple dwelling suitable for occupancy by an individual, group of individuals or a family.
Apartment hotel: A building designed or utilized for residential hotel accommodations by permanent guests.
Apparel stores: Stores selling new clothing for men, women or children at retail.
Appliance sales: The sale of common household appliances such as washing machines, television sets, power tools, electric razors, radios and refrigerators, and repair of the same types of appliances as are sold on the premises when such repairs are incidental or accessory to their sale.
Auto court: Same as motel (see definition of motel).
Automobile accessory stores: Stores engaged primarily in the business of selling tires, batteries, seat covers, and other automobile accessories.
Automobile laundry: A building or portion thereof containing facilities for washing more than two vehicles, using automatic production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or provided space, water and equipment for the hand washing of automobiles, whether by the customer or the operator.
Automobile repair: General repair, overall painting, engine repairing or rebuilding, reconditioning of motor vehicles, trailers such as body or framework, and fender straightening.
Automobile sales: The sales of new and used automobiles and other motor vehicles in operating condition; the storage of automobiles and other motor vehicles in operating condition, but not including storage of trucks of more than five tons in weight or buses; and, the repair and servicing of such vehicles, including body work, painting, motor rebuilding where conducted within a completely enclosed building.
Automobile service station: A building or portion thereof, or lot used for offering for sale at retail to the public, fuels, oils and accessories for motor vehicles; where repair service is incidental, and where no storage or parking space is offered for sales or rent. An automobile service station shall be less than three acres in size and shall not have parking spaces for "commercial motor vehicles" as defined in Section 18b-101 of the Illinois Vehicle Code, 625 ILCS 5/18b-101. Further, an automobile service station shall not be a licensed truck stop establishment as defined by the Video Gaming Act, 230 ILCS 40/1 et seq.
Automobile trailer: Any vehicle, without motor power, used or so constructed as to permit it being used as a conveyance upon the public streets and highways and licensable as such, constructed in such a manner as will permit occupancy as a dwelling or sleeping place for one or more persons, and including also a self propelled vehicle having body designed as living quarters.
Automobile wrecking: The dismantling of used motor vehicles or trailers, the burning of combustible parts thereof, or the storage, sale or dumping of dismantled or wrecked motor vehicles or their parts.
Awning: A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
Banks and financial institutions: Commercial banks, savings and loan associations, brokerage offices and other similar financial institutions, but not including pawn shops.
Basements: That portion of a building having more than one-half (½) of its height below the average lot grade.
Blocks: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, bulkhead lines, or shorelines of waterways, or corporate lines of the village.
Boarding house: A building, other than a hotel, where meals for three or more persons, and not to exceed 20 persons are served for compensation to regular patrons by previous arrangement. If a number greater than 20 persons are regularly served, the establishment shall be classified as a restaurant. rest homes, nursing homes, homes for the aged, homes for children and penal institutions shall not be classified as "boarding homes".
Brew pub with taproom: A person who manufactures beer only at a designated licensed premises to make sales to importing distributors, distributors and to non-licensees for use and consumption only, who stores beer at the designated premises, and who is allowed to sell it at retail from the licensed premises, provided that the licensee shall not sell for off-premises consumption more than 155,000 gallons per year.
Building: A permanently located, roofed, structure designed or intended for the enclosure, shelter or protection of persons, animals or movable property of any kind and which is permanently affixed to the land.
Building height: The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest elevation of the roof in the case of a slant or flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, chip, or gambrel roof; provided that where buildings are set back from the street lines, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
Building line: The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.
Building, principal: A non-accessory building in which a principal use of the lot, on which it is located, is conducted.
Bulk: The term used to indicate the gross floor area of a building in relation to the lot area, the height of the structure, and the percentage of land coverage allowable for each building on a zoning lot.
Business and professional offices: The office of an engineer, doctor, dentist, attorney, real estate broker, architect, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.
Business district: Any zoning district designated with a "C" classification.
Cannabis: "Cannabis" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
Cannabis business establishment: A "cannabis business establishment," as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended; such other cannabis business establishments authorized under the Act, as amended; or a medical cannabis dispensary, or medical cannabis cultivation center.
Cannabis craft grower: A "craft grower" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
Cannabis cultivation center: A "cultivation center" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
Cannabis dispensary: A "dispensing organization" and "dispensary" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
Cannabis infuser: An "infuser organization" or "infuser" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
Cannabis processer: A "processing organization" or "processer" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
Cannabis transporter: A "transporting organization" or "transporter" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
Capacity in persons: The maximum number of persons that can avail themselves of services (or goods) on an establishment, at any one time, with reasonable comfort.
Carport: An open sided, roofed automobile shelter, usually formed by extension of the roof from the side of the building.
Club, private (non-profit): A non-profit 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 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. It shall be permissible to serve food and meals on the premises, provided adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be subject to compliance with the village, state and federal ordinances.
Clinic or medical center: A medical center or medical clinic is an establishment where three or more licensed doctors of medicine engage in the practice of medicine, operating on a group or individual basis, with pooled facilities such as a coordinated laboratory, x-ray and allied department, for the diagnosis, and treatment of humans, which need not but may include, a drug prescription counter (not a drug store) for the dispensing of drugs and pharmaceutical products to the patients of said organization. In addition to the above, the medical center or medical clinic may include space for the practice of dentistry.
Columbarium: A vault with niches for cinerary urns.
Common open space and recreational areas:
Recreational area shall be defined as land specifically designed and intended for the active or passive recreational use of residents and shall include, but not be limited to, public and private play lots, and parks, school sites, storm water detention or retardation areas, if such areas are capable of being utilized for multipurpose recreational activities, pedestrian corridors, bicycle and equestrian trails, greenbelt and open space networks.
Permanent common open space is defined as park-ways, medians, landscaped green space, and other similar areas which are not accepted by the village as suitable for recreational purposes.
Contiguous: In contact, adjoining, or touching another object or item as distinguished from being adjacent.
Contiguous area, minimum: The area that may constitute a separate or detached part of any zoning district classification as set forth in this ordinance.
Corner lot: A lot which adjoins the point of intersection or meeting of two or more streets and in which the interior angle formed by the street lines is 135 percent or less. If the street lines are curved, the angle shall be measured at the point of the intersection of the extensions of the street lines in the directions which they take at the intersections of the street line with the side lot line and the rear lot line of the lot. If the street line is curved at its point of intersection with the side lot line or rear lot line, the tangent to the curve at that point shall be considered the direction of the street.
Country club: A private recreational facility operated for bona-fide members paying annual dues for the use of a golf course and ancillary uses such as restaurants (including the sale of alcoholic beverages) residential uses for guests, managers and other employees, but not including commercially operated driving ranges or miniature golf courses.
Density, gross: The numerical value obtained by dividing the total dwelling units of a development by the gross area of the residential land use.
Density, net: The numerical value obtained by dividing the total dwelling units of a development by the net area of the residential tract (excluding, public or private streets) of land containing the residential land use.
District: A section of the Village of Round Lake Beach within which the regulations governing the use of land are the same.
Driveway: A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure. Driveways shall have an impervious dustless surface.
Duplex residence: Two one-family dwellings separated only by a vertical party wall without openings. A duplex dwelling shall be considered one building for the purpose of determining yard requirements.
Dwelling: A building or portion thereof, but not a mobile home, designed or used for residential occupancy.
Dwelling, attached: A residential building which is joined to another dwelling at one or more sides by a party wall or walls.
Dwelling, detached: A residential building which is entirely surrounded by open space on the same lot.
Dwelling, multi-family: A residential building containing three or more dwelling units.
Dwelling, single-family: A residential building containing one dwelling unit only.
Dwelling, two-family: A residential building containing two dwelling units only.
Dwelling unit: One or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use by one family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.
Easement: A grant by a property owner for the use of a strip or parcel of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes.
Efficiency apartment: A dwelling unit containing one or more rooms, but no bedroom, designed for occupancy by one family.
Encroachment lines: Limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines are established by assuming that the area landward (outside) of the encroachment lines will be ultimately developed in such a way that it will not be available to convey flood flows. If hydraulic efficiency of the floodway is maintained by protecting it against unnecessary encroachments, it will be adequate to convey the regulatory flood without resulting in an increase in flood elevations which cause damage to existing or future development.
Family: Either (a) an individual or two or more persons related by blood, marriage or adoption, maintaining a common household in a dwelling unit; or (b) a group of not more than four persons who are not related by blood, marriage, or adoption, living as a common household in a dwelling unit.
Farm: Land used for agricultural purposes.
Farming garbage: The feeding of combined or collected garbage or food waste to livestock or disposing of same in the open.
Fence: A free standing structure of metal, masonry composition or wood or any combination thereof, resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.
Flood: A temporary rise in stream flow or stage that results in water overflowing its banks and inundating areas adjacent to the channel.
Flood fringe: Any land that would have been inundated by the 50-year flood of record as determined by the village engineer.
Flood proofing: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.
Flood protection elevation: The elevation of the base flood elevation (100-year flood elevation) plus two feet of freeboard.
Floodway: The area flood as shown by the limits of the boundary of the 1977 flood as delineated on the USGS map of Grayslake Quadrangle.
Floor area: 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 center line of walls separating two buildings, computed as follows:
A.
For determining floor area ratio: The sum of the following areas:
1.
The basement floor area when more than one-half of the basement height is above the finished lot grade level where curb level has not been established;
2.
Elevator shafts and stairwells at each floor;
3.
Floor spaced used for mechanical equipment (except equipment, open or enclosed, mounted on the roof);
4.
Penthouses;
5.
Attic space having headroom of seven feet, ten inches or more;
6.
Interior balconies and mezzanines;
7.
Enclosed porches; and,
8.
Floor area devoted to accessory uses.
Spaces devoted to off-street parking or loading space shall not be included in the floor area of structures devoted to bulk storage of materials.
B.
For determining off-street parking and loading:
1.
Floor space devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks, or closets;
2.
Any basement floor area devoted to retailing activities; and,
3.
Floor area devoted to the production or processing of goods or to business or professional offices.
For this purpose, floor area shall not include space devoted primarily to storage purposes (except as otherwise noted herein) off-street parking and loading facilities, including aisles, ramps and maneuvering space, or basement floor area other than area devoted to retailing activities, the production or processing of goods, or business or professional offices.
Floor area ratio: The floor area ratio of the building or other structure on any lot is determined by dividing the floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot, or in the case of planned development, by the net site area. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for a building or other structure (including both principal and accessory buildings) in direct ratio to the gross area of the lot.
Food stores: Stores which sell foods, fresh or frozen, and other items commonly sold in connection therewith and including, but not limited to, stores commonly referred to as dairy stores, delicatessens, fruit and vegetable markets, grocery stores, health food stores, nut shops and supermarkets. Sales must be made at retail on the premises, but not for consumption on the premises.
Foot-candle: A unit of illumination. Technically, the illumination of all points one foot distance from a uniform point source of one candle power.
Frontage: The length of a front lot line or lines.
Frontage, zoning lot: All the property of such zoning lot frontage on a street, and measured between side lot lines.
Grade: The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
Gross acre or acres: Real property containing 43,560 square feet or 160 square roads with streets, highways, roads, right-of-way easements.
Health and fitness center: A building or portion of a building designed and equipped for the purpose of physical fitness, improved circulation or flexibility, weight control, or other customary and usual health and fitness activities, operated for profit, non-profit or not-for-profit. Customary and usual health and fitness activities may include, but are not limited to: group and individual weight training, aerobics, stretching, meditation, and instruction for these activities. This definition is distinguished from and exclusive of the definition for "recreational activity club" contained in this section. This definition does not include dancing schools or studios, gymnastics studios or martial arts studios.
Height, maximum: A horizontal plane above and parallel to the average finished grade of the entire zoning lot at the height shown in the district regulations. No part of any structure shall project through said plane except:
A.
Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located.
B.
Flag poles, television aerials, water towers and tanks, steeples and bell towers, carillons, monuments, cupolas, broadcasting and microwave transmitting and relay towers and electric transmission line towers.
Heliport: An area of land and/or a structure or building which is used or intended for use for the landing and taking off of helicopters and any appurtenant areas which are used or intended for use for helicopter buildings or other heliport facilities or rights-of-way, including all necessary pads, helicopter storage and tie down areas, hangers and other necessary buildings and open spaces.
Home occupation: See Article II, section 217.
Hydrodynamic force: Pertaining to the force of floodwater in motion.
Hydrostatic force: Pertaining to the force of floodwater at rest.
Hospital or sanitarium: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week, of three or more non-related individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions. The term "hospital" as used in this ordinance does not apply to institutions operating primarily for treatment 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 contradiction to a boarding house, lodging house, or apartment hotel, and is commonly known as a hotel in the community in which it is located; and 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 service.
Indoor-outdoor entertainment center. An indoor-outdoor entertainment center shall only be allowed as a special use where the special use permit includes a specific list of entertainment uses that may be located indoors or outdoors such as, but not limited to, the following examples: (i) indoor entertainment uses: bowling alleys, billiards, arcade games, food and beverage; (ii) outdoor entertainment uses: miniature golf, go-kart tracks, batting cages; or (iii) other indoor-outdoor entertainment uses as part of a specific special use for an indoor-outdoor entertainment center.
Industrial district: Any zoning district designated with an "I" classification, for example "I-1".
Kitchen: Any room used, or intended or designed to be used, for cooking or the preparation of food.
Kennel, commercial: Any premises or portion thereof on which more than four dogs, cats or other domestic animals over eight months in age are kept, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale.
Laboratory, medical: A use established for scientific experimentation, research or testing in the field of human medicine.
Landscaping: The improvement of a lot, parcel, or tract of land with grass, shrubs, and trees. landscaping may include pedestrian walks, flower beds, ornamental objects such as fountains, statuary and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.
Liquor store, package: Any establishment selling beer, wine or alcoholic liquor at retail to the general public in sealed bottles or other sealed containers for consumption or use away from the premises where said establishment is located.
Living area, minimum: Living area is the same as dwelling unit. See dwelling unit.
Lodging house: A building or premises where lodging is provided for compensation, for three or more regular patrons and not to exceed 20 patrons, and not for transients.
Lot area, minimum: The minimum area of a horizontal plane bounded by the front, side and rear lot lines.
Lot coverage: That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof areas.
Lot depth: The distance between the midpoint of the front lot line and the midpoint of the rear lot line.
Lot, interior: A lot other than a corner lot.
Lot frontage, minimum: The boundary of a lot along a public or private street.
Lot width, minimum: The minimum distance on a horizontal plane between the side lot lines measured at right angles to the lot depth at the established front building line.
Lot line: A property boundary line of a lot.
Lot line, front: The boundary of an interior lot which abuts the street, or the boundary of corner lot extending along the narrowest part of the lot abutting the street.
Lot line, rear: The boundary of a lot which is most distant from, and 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, zoning: A parcel of land that is designated by its owner or developer, at the time of applying for a zoning certificate, as a tract all of which is to be used, developed, or built upon as a unit under single ownership. As long as it satisfies the above requirements, such lot may consist of:
A.
A single lot of record, or
B.
A portion of a lot of record, or
C.
A combination of complete lots of record, complete lots and portions of lots of record, or portions of lots of record.
Major highway: All roads, streets, avenues, thoroughfares or other types of vehicular traveled ways designated by a United States or State of Illinois route number.
Medical cannabis cultivation center: A "cultivation center" as defined in Section 10 of the Compassionate Use of Medical Cannabis Program Act, as amended.
Medical cannabis dispensary: A "medical cannabis dispensing organization", or "dispensing organization", or "dispensary organization," as defined in Section 10 of the Compassionate Use of Medical Cannabis Program Act, as amended.
Medical cannabis facility: A medical cannabis cultivation center or a medical cannabis dispensing organization.
Mini-storage: One or more structures providing individual storage compartments or areas for individuals to those who rent or lease such compartments or areas. Mini-storage shall not mean permitted outdoor storage for a business.
Mobile home: Mobile home is a dwelling unit designed to be transported on streets and highways to the place where it is to be occupied as a dwelling unit complete and ready for year-round and permanent occupancy; except for minor and incidental unpacking and assembly operations, located on jacks or permanent foundations, connected to the village water and sewer systems, and similar operations.
Motel: A building or portion thereof, or a group of buildings which provides sleeping accommodations for transients on a daily or weekly basis, whether such establishments are designed as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist court, or otherwise.
Motor freight terminal: A building or area in which freight brought by truck is assembled and/or stored for routing in intrastate and interstate shipment by truck or in which semi-trailers, including tractor and/or trailer units, and other trucks are parked and stored.
Non-conforming structure: A structure which does not comply in some respect with the lot size requirements or bulk regulations applicable to new structures in the zoning district in which it is located.
Non-conforming use: An existing use of a structure or land which does not comply in some respects with the use regulations applicable to new uses in the zoning district in which it is located.
Nursing or convalescent home: An institution for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.
Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same down-stream to the damage of life or property.
Octave bank: A prescribed interval of sound frequencies which classifies sound according to its pitch.
Odor threshold: That lowest concentration of odorous matter in air that will produce an olfactory response in a human being.
On-premises cannabis consumption establishment: A cannabis dispensary or retail tobacco store (as defined in Section 10 of the Smoke Free Illinois Act) authorized or permitted to allow the on-premises consumption of cannabis.
Particulate matter: Material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.
Planned development: A parcel or tract of land, initially under single ownership or control to be developed as a unified project and single entity which contains two or more principal buildings and more than one principal use-the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations in any one district established by this zoning ordinance.
Preferred frequency octave bands: A standardized series of octave bands prescribed by the American National Standards Institute in S1.6-1060, Preferred Frequencies for Acoustical Measurements.
Principal structure: A structure in which a principal use of the lot on which the structure is located is conducted.
Private free libraries: Small enclosed structures used solely as a means for the free exchange of literary material and recorded performing arts material.
Principal use: The main use of land or structures as distinguished from a subordinate or accessory use.
Reach: A hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the flood hazard area where flood heights are primarily controlled by man-made or natural obstructions or constrictions. In an urban area, an example of a reach would be the segment of river between two consecutive bridge crossings.
Recreational activity club: A building or portion of a building designed and equipped for the conduct of specific sports, leisure or other customary and usual recreational activities, operated for profit, non-profit or not-for-profit. Customary and usual recreational activities may include, but are not limited to: swimming, basketball, tennis, racquetball and squash. This definition is distinguished from and exclusive of the definition for "health and fitness center" contained in this section. This definition does not include dancing schools or studios, gymnastics studios or martial arts studios.
Recreational facility, commercial: A use which may contain indoor and outdoor swimming pools, tennis courts, gymnasium, hand ball court, pool and billiard rooms, bowling alleys and other similar uses when operated for profit.
Recreational vehicle: Any building, structure, or vehicle designed and/or used for living, sleeping, or recreational purposes and equipped with wheels to facilitate movement and including pick-up coaches, campers, motorized homes, boats, snowmobiles, trailers, and camping trailers not meeting the federal specifications required for manufactured home or mobile home.
Regulatory flood: The regulatory flood is a flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The regulatory flood generally has an average frequency in the order of the 50-year recurrence interval flood determined from an analysis of floods on a particular stream and other streams in the same general area.
Regulatory flood protection elevation: The elevation to which uses regulated by this ordinance are required to be elevated or flood proofed.
Remodeling: Any change in structure, including a structural alteration (other than incidental repairs and normal maintenance) which may prolong its useful life, or the useful life of its supporting members such as bearing walls or partitions, columns, beams, girders or foundations; or the construction of any addition to, or enlargement of, a structure; or the removal of a structure.
Residence district: Any zoning district designated with an "R" for example, "R-2".
Residential building: A building all or part of which contains one or more dwelling units, including single-family dwellings, two-family dwellings, multiple-family dwellings, and lodging houses.
Restaurant: A public eating house, including, but not limited to, the types of business establishments customarily referred to as cafeterias, coffee shops, dairy bars, restaurants and soda fountains.
Restaurant, carry-out: A restaurant whose principal business operation is the dispensing of edible foodstuff and/or beverage, ready for consumption on the premises, at outdoor tables, at stand-up counters, or to be carried off the premises.
Retail sales: The sale of goods, merchandise and commodities for use or consumption.
Ringelmann number: The shade of smoke as it appears on the standard Ringelmann Chart published by the U.S. Bureau of Mines information Circular No. 8333 (1967).
Roadside stand: A structure for the display and sale of agricultural products, with no space for customers within the structure itself.
Screening: Decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation. When fencing is used for screening, it shall not be less than six feet nor more than eight feet in height.
Setback: The distance between the lot line and the principal building on the lot.
Shopping center: Two or more retail stores, service establishments, restaurants, and offices or any combination thereof, within a single complex or a single PUD, and/or sharing a common parking lot.
Sign: Any fabricated sign or outdoor display structure, which is constructed to gain attraction of the public and displayed for advertising purposes.
Sign, advertising: A sign which advertises a business or service not conducted or offered on the zoning lot on which such sign is located.
Sign, banner: A sign printed or painted on cloth, canvas, or any other fabric including plastic, and used for attracting the attention of the public.
Sign, ground: A sign supported by uprights or braces in or upon the ground surface
Sign, marquee: A sign attached to or hung from a marquee, canopy or other covered structure, projecting from and supported by the building and extending beyond the building line.
Sign, obsolete: A sign that does not advertise an existing business or a product including poles, posts, pylons, pipes or frames to which it is affixed.
Sign, portable: A sign, usually of a temporary nature, designed for changeable copy that may be moved, or was originally designed to be moved, from one location to another.
Sign, projecting: A display sign which is attached directly to the building wall, and which extends more than 15 inches from the face of the wall.
Sign, temporary: A sign constructed of cloth, fabric or other lightweight temporary material with without a structural frame intended a limited period of display; including decoration displays for holidays or public demonstrations.
Sign, wall: A sign which is painted on or attached directly to a fence or on the surface of masonry, concrete, frame or other approved building walls, and which extends not more than 15 inches from the face of the fence or wall.
Smoke: Small gas-borne particles other than water that form a visible plume in the air.
Sound level meter: An electronic instrument which includes a microphone, an amplifier, and an output meter which measures noise and sound pressure levels in a specific manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands.
Sound pressure level: The intensity of a sound measured in decibels mathematically described as 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar.
Standard cubic feet (SCF): Standard cubic feet, which is the measure of the volume of a gas reduced to 14.73 pounds per square inch pressure absolute and 60° F.
Structure: Anything constructed or erected with a fixed location on the ground. With reference to the forgoing, a structure shall include buildings, fences, walls and signs.
Tavern: An establishment in which alcoholic beverages are sold or served to customers for consumption on the premises including establishments, commonly known as key clubs, in which alcoholic beverages are served, only to members and their guests.
Temporary use: See Article II, (216).
Toxic matter: Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
Trafficway: A public way other than an alley, intended for vehicular traffic and affording a primary means of access to abutting property.
Trailer: A vehicle standing on wheels or on rigid supports which is used for transporting boats, cargo or property.
Use: Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a structure or on a tract of land.
The classification of a business in accordance with section 302.1, BOCA National Building Code.
Use regulations: The provisions of this ordinance which identify permitted uses, impose use limitations, require adherence to performance standards and regulate home occupations and accessory and temporary uses.
Vibration: The periodic displacement or oscillation of the earth.
Warehouse: A facility largely devoted to storage of goods and materials awaiting shipment to other facilities, or to another warehouse. Distinguished from retail in that no sales are conducted at the site. Also, no manufacturing is conducted on the site.
Wholesale sales: The sale of goods, merchandise and commodities for resale.
Yard: Open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for the permitted obstructions listed in section 223.
Yard, corner: A yard extending along the full length of a front lot line, side yard adjoining a street, and the rear lot line.
Yard, front: A yard extending along the full length of a front lot line and back to a line drawn parallel to the front lot line at a distance therefrom equal to the depth of the required front yard.
Yard, corner side: A side yard which abuts a street.
Yard, rear: A yard extending along the length of the rear lot line and back to a line drawn parallel to the rear lot line at a distance therefrom equal to the depth of the required rear year.
Yard, side: A yard extending along a side lot line and back to a line drawn parallel to the side lot line at distance therefrom equal to the width of the required minimum side yard, but excluding any area encompassed within a front yard or rear yard. Dimensions of minimum side yard specified in the district regulations of this ordinance refer to the required width of each side yard rather than to the total width of both side yards, unless otherwise specified.
Yard, transitional: The required front, side, or rear yard between a business or manufacturing district and a residential district.
(Ord. No. 01-06-01, 6-25-2001; Ord. No. 01-11-10, 11-12-01; Ord. No. 02-05-01, 5-13-2002; Ord. No. 08-03-06, 3-24-2008; Ord. No. 14-06-02, 6-9-2014; Ord. No. 16-03-08, 3-28-2016; Ord. No. 16-10-02, 10-24-2016; Ord. No. 19-12-02, 12-16-2019; Ord. No. 20-03-02, 3-16-2020; Ord. No. 20-06-04, 6-15-2020; Ord. No. 23-03-02, 3-20-2023)