In the construction of this chapter and any subsequent amendment, the rules and definitions contained in this subchapter shall be observed and applied except when the context clearly indicates otherwise.

(Ord. 163, passed 12-5-1961; Am. Ord. 95-62, passed 6-13-1995)

For the purpose of this chapter, certain words and terms are to be interpreted as follows:

(A)

Words used in the present tense shall include the future tense.

(B)

Words used in the singular shall include the plural and the plural shall include the singular.

(C)

The words "shall" and "will" are mandatory and are not discretionary.

(D)

The word "may" is permissive.

(E)

The word "lot" shall mean the phrase "zoning lot", unless otherwise specified herein.

(F)

The word "building" shall include the word "structure".

(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 the words "association", "corporation", "estate", "governmental agency", "individual", "joint venture", "partnership", "venture", or any other legal entity.

(I)

The masculine gender shall include the feminine and neuter.

(J)

All measured distances shall be expressed in feet and shall be calculated to the nearest tenth of a foot.

(K)

Unless otherwise specified, all distances shall be measured horizontally.

(Ord. 163, passed 12-5-1961; Am. Ord. 95-62, passed 6-13-1995)

The following words and terms when used in the interpretation and administration of this chapter shall have the meanings set forth herein except where otherwise specifically indicated. Words and terms not deemed herein shall be defined as specified in a commonly used dictionary.

ABUT: To physically touch or border upon; or to share a common property or lot line.

AC: Alternating current (electricity). An electrical current which changes direction with a regular frequency.

ACCESS: A way or means of approach to provide physical entrance to a property.

ACCESSORY BUILDING OR STRUCTURE: A building or structure on the same lot with and of a nature customarily incidental and subordinate to the principal building or structure, the use of which is clearly incidental and subordinate to that of the primary or dominant use of the principal building or structure.

ACCESSORY USE: A use on the same lot with and of a nature customarily incidental and subordinate to the principal use of the land, building or structure.

ACRE: A measure of land containing forty-three thousand five hundred sixty (43,560) square feet.

ADDITION: A structure added to the original building or structure at some time after the completion of the original.

ADULT DAYCARE FACILITY: A nonmedical facility for the daytime care of adult persons who, due to advanced age, handicap, or impairment, require assistance and/or supervision during the day by staff.

ADULT DAYCARE HOME: A residence which receives at least one, but not more than eight (8) adults for care during all or part of the day.

ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: See definition of Cannabis (Adult-Use) Business Establishment.

ADULT-USE CANNABIS CRAFT GROWER: See definition of Cannabis (Adult-Use) Craft Grower.

ADULT-USE CANNABIS CULTIVATION CENTER: See definition of Cannabis (Adult-Use) Cultivation Center.

ADULT-USE CANNABIS DISPENSING ORGANIZATION: See definition of Cannabis (Adult-Use) Dispensing Organization.

ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: See definition of Cannabis (Adult-Use) Infuser Organization or Infuser.

ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: See definition of Cannabis (Adult-Use) Processing Organization or Processor.

ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: See definition of Cannabis (Adult-Use) Transporting Organization or Transporter.

AGRICULTURAL BUILDING AND STRUCTURE: A building or structure, with the exception of dwelling units, existing or erected on land used principally for agricultural purposes.

AGRICULTURE: The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man; including, but not limited to: forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock, including beef, cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding or grazing of any or all such animals, trees and forest products, fur animals, bees and apiary products, fruits of all kinds, including grapes, nuts and berries, vegetables, nursery, floral, ornamental and greenhouse products, or lands devoted to a soil conservation or forestry management program. Agriculture shall not include the commercial feeding of garbage or offal to swine or other animals, the commercial feeding of animals in open lots where no feed is raised on the premises, or the commercial feeding of fur bearing animals, poultry, or laboratory animals such as mice, rabbits and rodents.

AIRPORT: Any premises which is used or intended for use for the landing or takeoff of aircraft, including any associated areas which are used or intended for use by buildings and structures incidental to aircraft services.

ALCOHOL AND NARCOTIC TREATMENT FACILITIES (OUTPATIENT): A facility for the treatment of alcohol or drug abuse where one (1) or more patients are provided care, where neither meals nor lodging is provided.

ALLEY: A public service way providing a secondary means of vehicular access to abutting properties, and not intended for general traffic circulation.

ALTERATION: Any change or rearrangement in the supporting members of an existing building or structure, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows, or enlargement or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

AMENDMENT: A revision or addition to all or a portion of this chapter which has been adopted by the board of trustees of the Village of Schaumburg, Illinois.

AMENITY: A natural or manmade feature which enhances or makes more attractive or satisfying a particular property.

AMUSEMENT AND RECREATIONAL SERVICES: Establishments whose principal use is providing amusement or entertainment for a fee or admission charge. Such establishments include dance halls; theaters and studios for theatrical productions, bands, orchestras and other musical entertainment; bowling alleys; billiard and pool establishments; commercial sport facilities, such as arenas, rings, racetracks and golf courses, amusement parks, membership sports and recreational clubs, swimming pools, riding academies; carnival operations; and game and amusement arcades and parlors. Video gaming cafés shall be excepted from this definition.

AMUSEMENT DEVICE: Any mechanical or electrical device used as a game, entertainment or amusement. It shall include such devices as electronic and other mechanical amusement machines, marble machines, mechanical grab machines, pinball machines, skill ball, video games and all other similar games. State-licensed video gaming terminals (licensed by the State of Illinois) shall be excepted from this definition.

AMUSEMENT, ENTERTAINMENT AND RECREATIONAL SERVICES ESTABLISHMENTS (PRINCIPAL USE): Establishments whose principal use is providing amusement or entertainment for a fee or admission charge. Such establishments include amusement parks; billiard and pool establishments; bowling alleys; carnival operations; commercial sport facilities such as arenas, rinks, racetracks and golf courses; dance halls; game and amusement arcades and parlors; membership sports, night clubs and recreational clubs; swimming pools; and theaters and studios for theatrical productions, bands, orchestras and other musical entertainment. Video gaming cafés shall be excepted from this definition.

AMUSEMENT ENTERTAINMENT ESTABLISHMENTS (ACCESSORY USE): Any establishment that permits or allows entertainment or amusement as an accessory use to the primary use of the establishment. Video gaming cafés shall be excepted from this definition.

ANIMAL DAYCARE CENTER: A commercial facility that provides services such as animal daycare for most or part of the day or extended animal lodging for domestic animals. Ancillary services such as grooming may also be provided within the facility.

ANIMAL, DOMESTIC: A tame animal commonly kept in a home by a family or household, including, but not limited to, birds, cats, dogs and tropical fish.

ANIMAL HOSPITAL: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to the short-term care incidental to the hospital use.

ANIMAL RUN: An enclosed outdoor area intended for the exercising and/or containment of dogs and similar animals.

ANNEXATION: The incorporation of a contiguous land area into an existing municipality with a resulting change in the corporate boundaries of that municipality.

ANTENNA: Any exterior apparatus which is used or is designed to be used wholly or in part for transmitting and/or receiving communication signals which radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals or any other communication signal. Small wireless facilities, as defined and regulated by chapter 159 (Small Wireless Facilities) of the village Code shall not be included within this definition.

ANTENNA ALTERNATIVE STRUCTURE: Flagpoles, clock towers, bell towers, steeples or any other alternative design mounting structure which supplants the need for an antenna tower and which conceals the presence of antennas such that a person would not identify the structure as an antenna or antenna tower.

ANTENNA TOWER: Any structure that is designed and constructed wholly or in part for the purpose of supporting one (1) or more antenna(s). Antenna structures erected or modified to support small wireless facilities (wireless support structures for small wireless facilities), as defined and regulated by chapter 159 (Small Wireless Facilities) of the village Code, shall not be included within this definition.

APARTMENT: One (1) or more rooms comprising an independent self-contained dwelling unit, in a building containing two (2) or more dwelling units, which is rented and not owned by its occupants.

APIARY: A place where one (1) or more bee colonies are kept.

ARBOR: A structure similar to a trellis, with two (2) sides and an arched top with latticework typically used as a support for vines and other climbing plants.

ARRAY STYLE DESIGN ANTENNA COMMUNICATION FACILITY: An antenna tower consisting of a monopole with attached array style antennas which extend more than one foot (1') beyond the circumference of the pole.

AUTOMOBILE: Any passenger vehicle used for the transportation of persons, including, but not limited to, cars, vans, SUVs, pickup trucks, or motorcycles.

AUTOMOBILE ACCESSORY SHOP: Any building or portion thereof, used to install accessories or perform a non-repair service on automobiles. Such accessories include car alarms, car detailing, stereo installation and window tinting.

AUTOMOBILE BODY SHOP: Any building or portion thereof, used for the repair or straightening of an automobile body or frame, or painting of motor vehicles. Maintenance, service and engine repair may be performed as an ancillary function of the bodywork.

AUTOMOBILE REPAIR: Shall include, but not be limited to, replacing engines, radiators, and transmissions, and auto body parts. Repairs may also include routine maintenance of automobiles such as oil changes, tune ups, brake repair/replacement and tire repair/replacement.

AUTOMOBILE SALES, USED: The use of any building, land area, or other premises or portion thereof, for the display, sale and/or storage of used motor vehicles as the principal use of a zoning lot.

AWNING: A structure made of cloth, metal or other material affixed to a building in such a manner that the structure may be permanently affixed or affixed in such a manner that it may be raised or retracted to a position against the building.

BAKERY: A retail store that sells breads, cakes, cookies, and other similar items, and includes the baking of such items on the premises. Consumption shall not take place on the premises.

BALCONY: A level, unenclosed platform serving as a floor and located a minimum of one (1) story above finished grade which projects from the wall of a building and is enclosed by a railing or balustrade.

BASEMENT: The lowest story of a building, below the main floor and wholly or partly below grade level which is unfinished or used for mechanical equipment. In no instance, however, shall the main floor of a single-story building which is located wholly or partly below ground level be considered to be a basement.

BATTERY, BATTERIES: A cell or cells onboard an electric vehicle which is used for storing and furnishing electrical energy for the purpose of propelling the vehicle.

BAY WINDOW: A window or windows jutting out from the wall of a building above the finished grade and forming an alcove within the building.

BED AND BREAKFAST: Any owner-occupied residential structure or part thereof in which two (2) or more bedrooms are offered for rent for a period of thirty (30) consecutive days or less to any person other than a member of the owner's immediate family.

BEDROOM: A room in a dwelling unit planned and intended for sleeping, separable from other rooms by a door.

BEE: Any stage of the common domestic honeybee, Apis mellifera species.

BEEHIVE BY-PRODUCTS: Honey, beeswax and other by-products from beehives.

BEEKEEPER: A person who owns or has charge of one (1) or more colonies of honey bees.

BEEKEEPING EQUIPMENT: Anything used in the operation of an apiary including, but not limited to, hive bodies, frames, supers, top and bottom boards and extractors.

BERM: A mound of earth used as a screening and landscaping device.

BILLIARD AND POOL HALLS: An establishment operated for profit and offering the use of billiard and/or pool tables to the general public.

BIOFILTRATION WETLAND: A wetland designed to collect and treat runoff polluted with oils, salts, fertilizers, herbicides, and/or other pollutants.

BLOCK: A tract of land bounded by streets, or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of a development.

BOARDING HOUSE: A building or premises, or a portion thereof, in which lodging is provided, for compensation to not less than three (3) nor more than twelve (12) persons, none of whom are members of the owner's or operator's family.

BORROW PIT: Any place or premises where dirt, soil, sand, gravel or other material is removed below the grade of surrounding land, for any purpose other than that necessary and incidental to site grading or building construction.

BOX TRUCK: A truck that has a box-like cargo area that may or may not be separated from the cab of the truck and used primarily for a business or commercial purpose.

BUFFER STRIP: A landscaped area used to visibly separate one use from another or to shield or block noise, lights, unsightly areas, or other nuisances.

BUILDABLE AREA: That portion of a lot remaining after the minimum required yard and open space requirements of this chapter have been complied with.

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

BUILDING, ACCESSORY: See definition of Accessory Building or Structure.

BUILDING CODE: The building code of the Village of Schaumburg.

BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from adjacent open space and other structures by a permanent roof and exterior walls pierced only by windows and normal doors.

BUILDING ELEVATION: An exterior wall of a building exposed to public view, also referred to as the facade of a building.

BUILDING HEIGHT: The vertical distance of a building as measured from mean grade to the highest point of the building, including mechanical equipment, parapets, penthouses, spires and water towers, but excluding antennas and chimneys.

BUILDING HEIGHT (For Determining Heights of Accessory Structures): The vertical distance as measured from the top of finished floor to the highest point of the building, and measured at the front of the building.

BUILDING HEIGHT (Single-Family Detached Homes): The vertical distance across the front of the building as measured from mean grade to the highest point of the building including parapets and spires, but excluding chimneys and antennas.

BUILDING LINE, ESTABLISHED: The line equal to the mean setback of the buildings fronting on one (1) side of a block in which twenty-five percent (25%) or more of the lots have been improved.

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

BUILDING SETBACK LINE: The line parallel to the front/corner side lot line of a lot at a distance equal to the depth of the required front/corner side yard for the zoning district in which the lot is located.

BULK PLANT: Any place where flammable liquids are received by tanker truck, pipeline, tank car or tank vessel and are stored or blended in bulk quantities for distribution.

BULK REGULATIONS: Standards that control the size, height, density, intensity and location of structures, including the location of exterior walls at all levels.

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

CALIPER: The diameter of a tree trunk as measured six inches (6") above ground level.

CANNABIS (ADULT-USE) BUSINESS ESTABLISHMENT: An adult-use cannabis craft grower, cultivation center, dispensing organization, infuser organization, processing organization, transporting organization, or cannabis testing facility per the Cannabis Regulation and Tax Act.

CANNABIS (ADULT-USE) CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act.

CANNABIS (ADULT-USE) CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act.

CANNABIS (ADULT-USE) 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.

CANNABIS (ADULT-USE) 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.

CANNABIS (ADULT-USE) 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.

CANNABIS (ADULT-USE) 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.

CANNABIS (MEDICAL) CULTIVATION CENTER: A facility operated by an organization or business that is registered by the applicable State of Illinois agency designated to oversee said facility to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis in accordance with the laws of the State of Illinois.

CANNABIS (MEDICAL) DISPENSARY: A facility operated by an organization or business that is registered by the applicable State of Illinois agency designated to oversee said facility to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients in accordance with the laws of the State of Illinois.

CANNABIS REGULATION AND TAX ACT: The Cannabis Regulation and Tax Act, (410 ILCS 705/1 et seq.), as amended from time-to-time, and regulations promulgated thereunder.

CANNABIS TESTING FACILITY: An entity registered by the department of agriculture to test cannabis for potency and contaminants. A cannabis testing facility is not considered a laboratory as defined in this chapter.

CANOPY: A structure other than an awning made of cloth, metal or other material held erect by a ground support frame.

CAPACITY IN PERSONS: The maximum number of persons that can avail themselves of the services or goods of an establishment at any one (1) time as determined by the village fire prevention code.

CAR POOLING: A single vehicle, ridesharing program involving the use of privately owned automobiles.

CAR WASH (Accessory): A building, or portion thereof, at an automobile dealership or motor vehicle repair and/or service facility containing facilities for washing one (1) or more vehicles using production line methods with a chain conveyor, blower, system cleaning device, or other mechanical devices.

CAR WASH (Principal): A building, or portion thereof, containing facilities for washing one (1) or more vehicles using production line methods with a chain conveyor, blower, system cleaning device, or other mechanical devices.

CARPORT: A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three (3) sides.

CATERING ESTABLISHMENT: An establishment in which food is prepared, generally in large quantities, for consumption off the premises at public or private functions such as wedding, receptions, dinners or banquets. This definition shall not include any over the counter sales of prepared food items.

CELLAR: See definition of Basement.

CERTIFICATE OF OCCUPANCY: A document issued by the director of community development allowing the occupancy or use of a building and certifying that the building or use has been constructed or will be used in compliance with all applicable village codes and ordinances.

CHANGE OF USE: Any use which substantially differs from the previous use of a building or land.

CHARGING LEVEL: The standardized indicators of electrical force, or voltage at which an electric vehicle's battery is recharged. Typical electric vehicle charging levels and specifications are:

A.

Level 1: AC slow battery charging. The charging station delivers electric power to a vehicle's charging module which converts the AC power to DC power and delivers it to the battery. Voltage is one hundred twenty (120) volts.

B.

Level 2: AC medium battery charging. The charging station delivers electric power to a vehicle's charging module which converts the AC power to DC power and delivers it to the battery. Voltage is between two hundred eight (208) volts for commercial use and two hundred forty (240) volts for residential use.

C.

Level 3: DC fast or quick battery charging. Sometimes referred to as "DC fast". The charging station bypasses a vehicle's on-board charger to directly deliver electricity to the vehicle's high voltage battery. Voltage is equal to, or greater than four hundred eighty (480) volts.

CHARGING STATION: Equipment that has as its primary purpose, the transfer of electric energy by conductive or inductive means to a battery or other energy storage device located onboard an electric vehicle. Various types of charging stations include:

A.

Accessible Charging Station: A charging station incorporated into or immediately adjacent to a handicapped parking space as "handicapped parking space" is defined by the Illinois Vehicle Code.

B.

Private Charging Station: A charging station that is: 1) privately owned and has restricted access (e.g., single-family home, executive parking, designated employee parking, etc.), or 2) publicly owned and has restricted access (e.g., fleet parking with no access to the general public).

C.

Public Charging Station: A charging station that is: 1) publicly owned and publicly available (e.g., park and ride, public parking lots, on street parking, etc.), or 2) privately owned and publicly available (e.g., shopping center parking, non-reserved parking in multi-family parking lots, etc.).

CHARGING STATION EQUIPMENT: The conductors, including ungrounded and grounded, and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, charging stations or apparatus installed specifically for the purpose of delivering electrical energy from the charging station to the electric vehicle.

CHARGING STATION SPACE: A dedicated, marked space that identifies the use thereof as exclusively for the charging of electric vehicles.

CHILDREN'S RECREATION CENTER: A family play center oriented toward children twelve (12) years of age and younger, under direct parental supervision, featuring equipment and attractions, including, but not limited to, imaginary play, rope climbs, ball pools, slides, tunnels, ladders, and educational training games and devices, to develop social skills or coordination of the children using the facility.

CHIMNEY: A structure containing one or more flues for drawing off emissions from stationary sources of combustion.

CHURCH: See definition of Place of Worship.

CLINIC: An establishment, containing the offices of two (2) or more licensed physicians, dentists, psychologists or social workers, for the examination and treatment of persons on an outpatient basis.

CLUB: A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution and bylaws.

CLUSTER DEVELOPMENT: A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features.

CLUSTER SUBDIVISION: A form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the remaining land area is devoted to usable open space.

COACH HOUSE: A multiple-family residential housing design which typically features a two-story building with attached garages and two (2) common entrances containing eight (8) dwellings of which four (4) are located on the first floor and four (4) are located on the second floor of the building.

COLLOCATION: The use of an antenna tower or antenna alternative structure by more than one (1) wireless communications provider.

COLONY: A hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood.

COMMERCIAL TRAILER: A portable structure supported by one or more wheels which is towed or hauled and used for carrying or transporting materials or goods for commercial purposes and activities.

COMMERCIAL USE: An activity carried out for pecuniary gain.

COMMERCIAL VEHICLE: A vehicle, having a gross weight when fully loaded in excess of eight thousand (8,000) pounds and/or bearing a class designation other than "B" under the provisions of the Illinois Motor Vehicle Code and used for a business or commercial purposes.

COMMON ELEMENTS: Land amenities, parts of buildings, central services and utilities and any other elements and facilities owned and used by all unit owners and designated in the master deed as common elements.

COMMON OPEN SPACE: See definition of Open Space, Common.

COMMUNICATION PROVIDER: Any person or company which provides a communicative service to the community via transmission lines or via electronic wireless service.

COMPATIBLE USE: Any use which is capable of direct association with certain other uses because it is complementary, congruous or otherwise undetrimental.

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

CONDOMINIUM ASSOCIATION: An association which administers and maintains the common property and common elements of a condominium.

CONDOMINIUM ASSOCIATION DOCUMENTS: The bylaws, covenants and restrictions governing a condominium association and its members.

CONFORMING BUILDING OR STRUCTURE: A building or structure which complies with all the regulations of this chapter.

CONTIGUOUS: Next to, abutting, touching or having a common boundary.

CONTRACTORS' EQUIPMENT: Equipment including, but not limited to, tools, construction materials, and construction and landscaping equipment, but excluding ladders.

CONVALESCENT HOME: See definition of Nursing Home.

CONVENIENCE STORE: A retail establishment which is designed for the sale of prepackaged products in low volumes per sale with relatively high customer turnover. A convenience store which includes pumps for the dispensing of fuel shall be considered an gas station for purposes of zoning regulations.

CONVERSION: A change in the use of land or a building.

COURT: Any open space, unobstructed from ground to sky, other than a yard, that is on the same lot with and bounded on three (3) or more sides by the walls of a building.

COVERAGE: See definition of Lot, Coverage.

CREMATORY: An establishment whose primary use is performing the act of cremation in compliance with the state and federal regulations.

CUL-DE-SAC: The turnabout at the end of a dead end street.

CULVERT: A drain, ditch, or conduit not incorporated in a closed system, that carries away drainage water under a driveway, roadway, railroad, pedestrian walkway or other public way.

CURB: A stone or concrete boundary usually marking the edge of a roadway or paved area.

CURB CUT: An opening along an unmountable curb line at which point vehicles may enter or leave a roadway.

CURB LEVEL: The level of the established curb in front of a building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the centerline of the street fronting the lot shall be considered the curb level.

DAYCARE CENTER: A commercial daycare facility receiving children for care during all or part of the day.

DAYCARE HOME: A residence which receives at least one but not more than eight (8) children for care during all or part of the day. The maximum of eight (8) children shall include the natural, adopted or foster children of the occupants of the premises under twelve (12) years of age.

DC: Direct current (electricity). An electrical current that moves in one direction from anode to cathode.

DECIBEL: A unit of measure of the intensity or loudness of sound.

DECIDUOUS: Trees, shrubs or other plants that drop their leaves before becoming dormant in the winter.

DECK: A level, unenclosed platform serving as a floor and located above the finished grade which is usually directly adjacent or attached to a building.

DECORATIVE BARRIER: A fence like structure intended for ornamental purposes and not forming a part of an enclosure.

DEDICATION: The gift or donation of property by its owner to another party.

DEED: A legal document conveying ownership of real property.

DELICATESSEN: A business establishment in which foods such as cooked meats, smoked fish, cheeses, salads and relishes are sold for human consumption but are not normally consumed on the premises.

DENSITY, GROSS: The numerical value obtained by dividing the total number of dwelling units on a lot by the area of the lot.

DENSITY, NET: The numerical value obtained by dividing the total number of dwelling units on a lot by the area of the lot after excluding that area occupied by public and private streets but including common open space areas and associated recreational facilities.

DETENTION BASIN OR POND: A storage facility for the temporary storage of stormwater runoff.

DISABILITY: The definition of any person whose disability: a) is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments; b) is likely to continue for a significant amount of time or indefinitely; c) results in the functional limitations in three (3) or more of the following areas of major activities: self-care; receptive or expressive language; learning; mobility; self-direction; capacity for independent living; economic self-sufficiency; or d) reflects the person's need for a combination or sequence of special interdisciplinary or generic care, treatment or other services which are of a lifelong or extended duration.

DISTRICT: A geographical portion of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

DISTRICT ENERGY: An energy system that produces steam, hot water, or chilled water at a central location and provides it, through underground pipes, to buildings for individual use.

DOG RUN: An enclosed outdoor area intended for the exercising and/or containment of dogs and similar animals.

DOMESTIC ANIMAL: See definition of Animal, Domestic.

DONATION BOXES: A freestanding accessory structure, container, receptacle, or similar device that is used for soliciting and collecting donations of clothing or other salvageable personal property. This term excludes any unattended donation boxes located within a building.

DRIVE-THROUGH FACILITY: A place of business which through design, physical facilities, service or packaging procedures, encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles in a designated drive-through lane.

DRIVEWAY: A private roadway providing access for motor vehicles to a parking area, garage, building or other structure.

DUPLEX: A building containing two (2) dwelling units, each of which typically has access to the outside or to a common hall, no unit is located over the other and each is separated from the other by one (1) or more common fire-resistant walls.

DWELLING: A building, or portion thereof, used exclusively for human habitation.

DWELLING, ATTACHED: A building containing two (2) or more dwelling units where each unit is separated from the others by one or more common fire-resistant walls.

DWELLING, DETACHED: A building containing a single dwelling unit which is not attached to any other dwelling unit by any means.

DWELLING, HIGH RISE: A multiple-family dwelling located in a building containing eight (8) or more stories.

DWELLING, LOW RISE: See definition of Garden Apartment.

DWELLING, MID RISE: A multiple-family dwelling located in a building containing four (4) to seven (7) stories.

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

DWELLING, SINGLE-FAMILY: A building containing one (1) dwelling unit.

DWELLING, TWO-FAMILY: A building containing two (2) dwelling units, each of which typically has direct access to the outside or to a common hall and is separated from the other by one (1) or more common fire-resistant walls.

DWELLING UNIT: One (1) or more rooms containing individualized cooking, sleeping and sanitary facilities which is designed, occupied or intended for use by one (1) family or household.

E-COMMERCE: A commercial business that buys or sells products or services over electronic systems such as the Internet and other computer networks.

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

EDUCATIONAL INSTITUTION: Any school, other than a trade or business school, licensed by the state.

EFFICIENCY UNIT: A dwelling unit consisting of not more than one (1) habitable room exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, providing such dining alcove does not exceed a maximum of one hundred twenty-five (125) square feet in floor area.

EGRESS: Leave or exit.

ELEVATION, BUILDING: See definition of Building Elevation.

ESTABLISHED BUILDING LINE: See definition of Building Line, Established.

EXISTING USE: The use of a lot or structure at the time of the adoption date hereof.

FACADE: The exterior face of a building, including, but not limited to, the wall, windows, windowsills, and doorways. The front facade is any building face adjacent to the front property line.

FAMILY: One (1) of the following:

(A)

Two (2) or more individuals related by blood, marriage, or legal adoption (including foster children), together with domestic servants and not more than two (2) gratuitous guests, living as a single, not for profit housekeeping unit occupying a dwelling unit.

(B)

Three (3) or fewer individuals not related by blood, marriage, or legal adoption (including foster children), living as a single, not for profit housekeeping unit occupying a dwelling unit. Servants or guests residing with said family shall be included in the unrelated person attained by this definition, and shall not be in addition thereto.

(C)

No more than two (2) individuals who are not necessarily related to each other by blood, and their dependents, together with domestic servants and not more than two (2) gratuitous guests, living as a single, not for profit housekeeping unit occupying a dwelling unit.

FARM: A parcel of land utilized for agricultural purposes.

FARMERS' MARKET: An occasional or periodic market held in an open area where agricultural produce and related products are offered for sale to the general public by the growers or producers from open or semiopen facilities or temporary structures.

FEE SIMPLE: A private property land right, sometimes also referred to as fee simple absolute, whereby a property owner unconditionally owns a specified piece of land.

FENCE: A nonliving, freestanding structure resting on or partially buried in the ground and rising above the ground level, which forms a barrier which is not otherwise a part of any building or other structure and is used to delineate a boundary or as a means of confinement or privacy.

FENCE, OPEN: A fence having a regular pattern that is greater than eighty percent (80%) permeable to both light and air when viewed perpendicular to the plane of the fence.

FENCE, PERIMETER: A fence which is located on or within six inches (6") of a property line.

FENCE, SEMIOPEN: A fence having a regular pattern that is between thirty percent (30%) and eighty percent (80%) permeable to both light and air when viewed perpendicular to the plane of the fence.

FENCE, SOLID: A fence having a regular pattern that is thirty percent (30%) or less permeable to both light and air when viewed perpendicular to the plane of the fence.

[FIFTH] 5^thWHEEL TRAILER: A trailer designed to be affixed to, and towed by, a pickup truck equipped with a special hitch in the truck bed.

FILTER STRIP: A long, narrow vegetative planting used to retard or collect sediment for the protection of diversions, drainage basins, or other structures (from "A Technical Manual Designed For Urban Ecosystem Protection and Enhancement", USDA 1995).

FIRE ESCAPE: A fireproof stairway, ladder or chute on the outside wall of a building intended to be used to help people escape from the building in case of fire or other calamity.

FIREARM: Any lethal barreled weapon of any description from which a projectile or other missile can be discharged by the action of an explosive or compressed gas, or the igniting of flammable or explosive substances; excluding, however, any pneumatic gun, spring gun, or BB gun which expels a single globular projectile.

FLAG LOT: A lot not fronting or abutting a public roadway and where access to the public roadway is limited to a narrow private right-of-way.

FLAGPOLE: A pole on which a flag is flown.

FLOOD: A temporary rise in the normal water level, or surface water elevation, that results in the inundation of areas not ordinarily covered by water.

FLOODPLAIN: The contiguous areas adjacent to natural waterbodies, such as lakes, streams and streambeds, which is subject to periodic flooding.

FLOOR AREA, GROSS (For Determining Floor Area Ratio): The sum of the gross horizontal area of the several floors of a building measured from the exterior faces of the exterior. The floor area of a building shall also include:

(A)

Elevator shafts and stairwells;

(B)

Mechanical equipment unless located on the roof, either open or enclosed;

(C)

Attic space having headroom of seven feet six inches (7'6") or more;

(D)

Interior balconies and mezzanines;

(E)

Enclosed porches;

(F)

Interior off-street parking and loading areas; and

(G)

Outdoor display areas.

FLOOR AREA, GROSS (For Determining Single-Family Detached Residential Floor Area Ratio): The sum of the net horizontal floor area of the several floors of the dwelling unit, including attached/detached garages, as measured from the exterior faces of the exterior walls. The net floor area (NFA) of a single-family detached home shall not include:

(A)

Attic space.

(B)

Basements.

(C)

Accessory structures (with the exception of detached garages).

FLOOR AREA, NET (For Determining Off-street Parking and Loading Requirements): The sum of the net horizontal floor area of the several floors of a building as measured from the exterior faces of the exterior walls.

(A)

The net floor area (NFA) of a building shall include:

(1)

Basements, when used for other than storage;

(2)

Penthouse, excluding mechanical penthouses;

(3)

Attic space having headroom of seven feet six inches (7'6") or more;

(4)

Interior balconies and mezzanines, excluding those designed and used as provided in subsection (B)(8) of this definition;

(5)

Enclosed porches; and

(6)

Floor area devoted to storage areas.

(B)

The net floor area (NFA) of a building shall not include:

(1)

Floor space occupied by mechanical, telephone and electrical equipment, including mechanical penthouses;

(2)

Walk-in coolers/freezers;

(3)

Security vaults;

(4)

Stairwells, escalators and elevator shafts;

(5)

Attic space having headroom of less than seven feet six inches (7'6");

(6)

Public restrooms;

(7)

Interior off-street parking and loading;

(8)

Basements, or portions thereof used for storage;

(9)

Entrance lobbies; and

(10)

Interior covered common areas designed primarily for pedestrian circulation.

FLOOR AREA RATIO (FAR): The numerical value obtained by dividing the gross floor area of the building or buildings on a single lot by the area of the lot.

FOOTCANDLE: A unit for measuring illumination, equivalent to the amount of direct light thrown by one candle on a square foot of surface area, every part of which is located one foot (1') away.

FRATERNAL ORGANIZATION: See definition of Club.

FRONTAGE: That side of a lot abutting a public right-of-way line; the front lot line.

FRONTAGE ROAD: A public or private street, closely paralleling a larger public street, which provides the primary means of vehicular access from abutting property to the larger street.

FUNERAL HOME: A building, or portion thereof, used for the preparation of the deceased for burial and for the display of deceased and ceremonies connected therewith prior to burial or cremation.

GARAGE: A building, or portion thereof, designed, used or intended to be used for the parking and storage of motor vehicles.

GARAGE, PRIVATE CUSTOMER AND EMPLOYEE: A detached accessory building or portion of a principal building, intended to be used for the parking and storage of motor vehicles operated by the customers, visitors and employees of the premises on which the garage is located.

GARAGE, PRIVATE RESIDENTIAL: A detached accessory building or portion of a principal building designed, used or intended to be used for the parking and storage of motor vehicles owned and operated exclusively by the occupants of the premises on which the garage is located and by their guests.

GARAGE, PUBLIC: A building, or portion thereof, designed, used or intended to be used for the parking and storage of motor vehicles available to the general public.

GARDEN APARTMENT: A multiple-family dwelling which typically has access from a common hallway located in a building containing three (3) or fewer stories.

GAS STATION: Any building, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing or sale of vehicular fuel, and may include automobile maintenance and/or repair.

GAZEBO: A freestanding roofed structure providing a place for outdoor dining or entertaining that is often octagonal, with open, screened, glass, or latticework sides.

GEOTHERMAL ENERGY SYSTEM: An energy system that utilizes heat from within the earth's surface; it is obtained through wells dug at varying depths to capture and convert the earth's heat into energy to power buildings.

GLARE: The sensation of brightness within the visual field which causes annoyance, discomfort, or loss of visual performance and visibility.

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

GREENHOUSE: A structure constructed primarily of glass or other translucent material in which temperature and humidity can be controlled for the cultivation or protection of plants.

GROUND LEVEL USE: A use allowed on the ground floor of an office building of at least four (4) stories within the boundaries of the Woodfield Regional Center.

GROUP HOME: A specialized residential care home serving four (4) or more unrelated persons with disabilities, including resident support staff, which is licensed, certified or accredited by appropriate local, state or national bodies. Group homes do 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 or alcohol abuse, or persons whose primary reason for placement is the treatment of a communicable disease.

GUN SHOPS: Any building or portion thereof used for the business of selling firearms or ammunition at wholesale or retail.

HANDICAPPED: A person having: a) a physical or mental impairment that substantially limits one (1) or more of such person's major life activities so that such person is incapable of living independently; b) a record of having such an impairment; or c) being regarded as having such an impairment. However, "handicapped" shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of the other individuals.

HAULING TRAILER: An enclosed trailer without motive power designed to carry property and to be drawn by a motor vehicle. Sometimes referred to as enclosed trailer.

HEALTH TREATMENT CENTER (OPEN 24 HOURS): An outpatient facility principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity or physical condition, including, but not limited to, a diagnostic center, treatment center, outpatient laboratory or central services facility serving one (1) or more such institutions.

HEIGHT OF STRUCTURE: The vertical distance of a structure, other than a building (for height of buildings, see definition of Building Height) as measured from mean grade level to the highest point of the structure.

HELIPORT: Any premises which are used or intended for the use of the landing and takeoff of helicopters, including any appurtenant areas which are used or intended for use as buildings and structures incidental to helicopter services.

HIVE: A structure with removable combs intended for the housing of a bee colony.

HOBBY BEEKEEPING: The keeping of honey bees for the purposes of ecology, natural science, environmental benefit and enjoyment; and not for the purpose of generating income as a commercial operator.

HOME OCCUPATION: Any activity or accessory use conducted in a dwelling unit for financial gain by a member of the household residing therein, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

HOMEOWNERS' ASSOCIATION: A community association which is organized in a development in which individual owners share common interests.

HOSPITAL: A facility, primarily inpatient, providing primary health service and medical or surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities such as laboratories or outpatient facilities.

HOTEL: A building offering transient lodging accommodations to the general public for compensation and may provide additional accessory services such as restaurants, meeting rooms and recreational facilities.

IMPROVEMENT: Any manmade, immovable item which becomes part of, placed upon, or is affixed to, real estate.

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

INDUSTRIAL PARK: A large tract of land that has been planned and developed as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.

INDUSTRIAL USE: An economic activity involving construction, manufacturing, warehousing, wholesale trade and associated service uses.

INGRESS: Access or entry.

INORGANIC MATERIAL: A material or substance, such as metal or glass, composed of matter other than plant, animal or certain chemical compounds or carbon.

INSTITUTIONAL HOUSING: Any residential facility located in a dwelling, under federal, state or village licensing, that is designed, used or intended to be used to provide a temporary or permanent home environment with professional services and treatment while conducting rehabilitative programs, shelter programs, transitional housing for the homeless, or providing special housing for mentally or physically handicapped persons, where the occupants are allowed to interact with the community while in residence.

INSTITUTIONAL USE: A nonprofit or quasi-public use or institution such as a church, library, public or private school, hospital or publicly owned or operated building, structure or land used for a public purpose.

INTERNAL COMBUSTION ENGINE (ICE): An engine that generates motive power by the burning of liquid fuels such as gasoline, diesel and biofuels, or gaseous fuel such as compressed natural gas, with air inside the engine, the hot gases produced being used to drive a piston or do other work as they expand.

JUNK MOTOR VEHICLE: An automobile, truck, or other motor vehicle including a recreational vehicle which has either been damaged to such an extent that it cannot be operated under its own power and will require repair before being made usable or does not comply with state, county, or village laws or ordinances.

KENNEL: Any lot or premises, or portion thereof, where dogs, cats or other domestic animals are kept or where such animals are boarded for compensation.

LABORATORY: A building, or portion thereof, in which scientific research, investigation, testing or experimentation is conducted on a regular basis. A cannabis testing facility is not considered a laboratory.

LABORATORY, RESEARCH: A building, or portion thereof, in which scientific research, investigation, testing or experimentation is conducted on a regular basis. A cannabis testing facility is not considered a laboratory.

LAKE: See definition of Retention Basin or Pond.

LAND USE: A description of how land is occupied or utilized.

LANDSCAPE PLAN: The graphical depiction of the location and arrangement of existing and proposed plant material and land forms on a lot.

LOAN COMPANY: An establishment providing loans to individuals in exchange for receiving personal checks or titles to the borrowers' motor vehicles as collateral.

LODGE: See definition of Club.

LOT: See definition of Lot, Zoning.

LOT AREA, GROSS: The horizontal area within the lot lines of a lot.

LOT AREA, NET: The horizontal area within the lot lines of a lot, excluding roadway rights-of-way.

LOT, CORNER: A lot situated at the intersection of two (2) roadways, the interior angle of which does not exceed one hundred thirty-five degrees (135°).

LOT, COVERAGE: That area or portion of a lot occupied by buildings.

LOT, DOUBLE FRONTAGE: See definition of Lot, Through.

LOT, FLAG: See definition of Flag Lot.

LOT INTERIOR: A lot other than a corner lot.

LOT LINE: The property lines bounding a lot.

LOT LINE, CORNER SIDE: That side lot line of a corner lot abutting either a roadway right-of-way or a private street.

LOT LINE, FRONT: That property line abutting either a roadway right-of-way or a private street. On corner lots platted after April 1, 1988, the front lot line shall be that lot line which faces the front entrance of the principal building on the lot.

LOT LINE, REAR: That property line which is most distant from and most nearly parallel to the front lot line; or in the case of a triangular or other irregularly shaped lot, a line ten feet (10') in length entirely within the lot, parallel to and at a maximum distance from the front lot line. On corner lots where the property lines are equidistant from the front lot line/corner side lot line and are most nearly parallel to the front lot line/corner side lot line, the petitioner may designate which lot line shall be the rear lot line. Such designation may be made only once for each corner lot.

LOT LINE, SIDE: Any property line that is not a front or rear lot line. On a corner lot, the side lot line abutting either a roadway right-of-way or a private street shall be designated a corner side lot line.

LOT OF RECORD: A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Cook County Recorder of Deeds or the office of the DuPage County Recorder of Deeds.

LOT, THROUGH: A lot other than a corner lot which fronts upon two (2) more or less parallel, nonintersecting roadways.

LOT WIDTH: The horizontal distance between the side/corner side lot lines of a lot measured at the front building setback line; and calculated on the arc measurement for curvilinear lots.

LOT, ZONING: A designated parcel, tract or area of land established by plat, subdivision or otherwise permitted by law to be used, developed or built upon as a single unit under single ownership or control. The entire area designated by a shopping center as part of its development shall be considered one (1) zoning lot. The entire area approved as a planned unit development shall be considered one (1) zoning lot.

MALL: A shaded walk or promenade; or a shopping center where stores front on both sides of a pedestrianway which may be either enclosed or open.

MANOR HOME: See definition of Coach House.

MANUFACTURING USE: An economic activity engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products and the blending of materials such as lubricating oils, plastics, resins or liquors.

MARQUEE: A permanent roof like structure extending from part of the wall of a building but not supported by the ground and constructed of a durable material such as metal or glass.

MASSAGE ESTABLISHMENT: Any establishment where any person, firm, association, or corporation engages in or carries on or permits to be engaged in or carried on the activity of "massage", defined as any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice by a massage therapist.

MECHANICAL EQUIPMENT: Mechanical apparatus, including heating and cooling equipment, used in the functioning of a physical infrastructure of a building.

MEDICAL CANNABIS CULTIVATION CENTER: See definition of Cannabis (Medical) Cultivation Center.

MEDICAL CANNABIS DISPENSARY: See definition of Cannabis (Medical) Dispensary.

MEZZANINE: A partial or fractional story located between two (2) full stories of a building, usually located immediately above the main or ground floor and in the form of a balcony projecting only partly over the floor below it.

MICROWAVE DISH: See definition of Dish Antenna.

MINIWAREHOUSE: A structure containing small separate storage areas of varying size leased or rented on an individual basis.

MIXED USE DEVELOPMENT: A tract of land or building or structure developed for two (2) or more different uses such as, but not limited to, residential, office, manufacturing, retail, public or entertainment uses.

MONOPOLE: A single pole with no aboveground lateral support from secondary structural members.

MOTEL: A building offering transient lodging accommodations to the general public for compensation with access from each room to a readily accessible off-street parking area for use by patrons of the facility.

MOTOR FREIGHT TERMINAL: A building or area in which goods, brought by trucks, including tractor or trailer units, are received, transferred or dispatched for routing.

MOTOR VEHICLE: Any automobile, recreational vehicle, commercial vehicle, trailer-truck or semi-trailer which is propelled or drawn by mechanical power.

MOTOR VEHICLE MAINTENANCE: Shall include, but not be limited to, oil changes, tune ups, brake pad replacement, and changing tires. Maintenance of motor vehicles shall not cause excessive, unnecessary, or unusually loud noise which either annoys or disturbs the public.

MOTOR VEHICLE REPAIR SHOP: Any building or portion thereof used for the repair or replacement of engines, transmissions, differentials, drive trains, or any parts thereof, in addition to the replacement of parts, service, and incidental repairs to motor vehicles, including any operations specified under the definition of Motor Vehicle Maintenance.

MOTOR VEHICLE SALES, RENTAL OR LEASING: The use of any building or portion thereof, or other premises or portion thereof, for the display, sale, rental or lease of new motor vehicles, or used motor vehicles as an ancillary use of a zoning lot, and any warranty repair work and other repair service conducted as an accessory use.

NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM): Permits required under the Clean Water Act amendments of 1987.

NEGATIVE USE RESTRICTION: Any private agreement, including a deed, contract or other document, regardless of whether recorded, that purports to impose any restriction prohibiting, limiting or that has the economic or practical effect of prohibiting or limiting a permitted or special use identified in the village zoning ordinance for real property located in the business districts. Negative use restrictions do not include commercial lease noncompetition clauses.

NONCONFORMING BUILDING OR STRUCTURE: A building or structure, lawfully existing on the effective date hereof, which does not comply with one (1) or more of the regulations of this chapter.

NONCONFORMING LOT: A lot, lawfully existing on the effective date hereof, which does not comply with one (1) or more of the regulations of this chapter.

NONCONFORMING USE: A use or activity, lawfully existing on the effective date hereof, which does not comply with one (1) or more of the regulations of this chapter.

NUCLEUS COLONY: A small quantity of honey bees with a queen housed in a hive box consisting of five (5) or fewer frames for a particular purpose such as queen and pest management.

NURSERY: Land or greenhouses used to raise flowers, shrubs, trees and other plant material for sale.

NURSERY SCHOOL: See definition of Daycare Center.

NURSING HOME: An extended or intermediate care facility licensed by the state to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves.

OFF-STREET PARKING SPACE: An off-street paved area used for the temporary storage of one automobile or other motor vehicle with direct access to a dedicated roadway right-of-way.

OFFICE BUILDING: A building used primarily for conducting the affairs of a business, profession, service, industry, government or like activity that may include ancillary services for employees such as a cafeteria, convenience store, or dry cleaner.

OFFICE PARK: A large tract of land that has been planned, developed and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention to circulation, parking, utility needs, aesthetics and compatibility.

OLDE SCHAUMBURG CENTRE DISTRICT: The Village of Schaumburg, Illinois, Olde Schaumburg Centre District is located roughly contiguous to the intersection of Schaumburg Road and Roselle Road.

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

OPEN SPACE, COMMON: Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.

OPEN TRAILER: A portable structure supported by one (1) or more wheels which is towed or hauled and used for carrying or transporting materials, goods, boats, snowmobiles, motorcycles, or similar objects or vehicles.

ORDINANCE: The Zoning Ordinance of the Village of Schaumburg, Illinois.

OUTDOOR STORAGE: The keeping in an unroofed area of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.

PARAPET: The extension of the main walls of a building above the roof level.

PARCEL: A lot or tract of land.

PARCEL PICK UP AND DELIVERY SERVICE: A private business offering mail or package delivery services, including express mail.

PARKING LOT: An unenclosed off-street paved area, containing two (2) or more parking spaces and associated aisles, used for the temporary storage of automobiles or other motor vehicles with direct access to a dedicated roadway right-of-way.

PARKING SPACE: A paved area used for the temporary storage of one (1) automobile or other motor vehicle.

PARKING SPACE, ELECTRIC VEHICLE: Any marked parking space without a charging station that identifies the use to be exclusively for the parking of an electric vehicle. Property owners may designate parking spaces to be "ELECTRIC VEHICLE PARKING SPACES"; however, such designation shall not have a negative impact on the parking demand within the village. Electric vehicle parking spaces shall be permitted only if the property meets or exceeds the requirements in this chapter. The director of community development or his or her designee may require the removal of said designated parking spaces if, in his or her sole discretion, said designation creates any parking issues within the village.

PARKING SPACE, SHORT-TERM: A parking space designated to be used for a period not to exceed fifteen (15) minutes with signage on a commercial property.

PARKING STRUCTURE OR GARAGE: See definition of Garage, Private Customer and Employee.

PATIO: A level, unenclosed surfaced area used for recreational purposes that is located at the finished grade, which is usually directly adjacent or attached to a building.

PENTHOUSE: A roofed structure located on the roof of a building. Penthouses used solely to enclose mechanical equipment shall not be included in calculating floor area ratio. Penthouses used solely or in part for living, working or recreational use shall, however, be included in calculating floor area ratio.

PERFORMANCE STANDARD: A criterion or limit established to control electromagnetic interference, fire and explosive hazards, glare, heat, noise, odorous matter, radioactive materials, vibration, smoke, particulate matter and other air contaminants generated by or inherent to a particular use or activity.

PERGOLA: An arbor or a passageway of columns with no supporting latticework on the sides that supports a roof of trelliswork on which vines and other climbing plants grow.

PERMITTED USE: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

PHARMACY: A business establishment whose primary function is confined to the sale and dispensing of medical prescriptions and supplies.

PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly into electricity.

PICK-UP CAMPER: Pick-up (slide-in) campers and trucks caps are recreational structures designed to be mounted temporarily or permanently in the beds of light trucks with the trucks having either single or double rear and with or without an assisting extra tag axle and wheels mounted either on the camper chassis or the truck chassis behind the truck's rear wheels. These campers can be readily demounted from the truck beds.

PLACE OF WORSHIP: A building or structure, or group of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and other accessory or ancillary educational, humanitarian, religious and social activities associated therewith, including, but not limited to, athletic activities, banquets, bazaars, counseling sessions, craft shows, educational programs, entertainment activities, fundraising activities, meetings, musical and theatrical presentations, receptions, recreational activities, temporary emergency medical and shelter services, and temporary housing for overnight retreats and the homeless.

PLANNED BUSINESS CENTER: A large tract of land that has been planned, developed and operated as an integrated facility for a number of separate buildings for office, industrial or commercial uses with special attention to circulation, parking, utility needs, aesthetics and compatibility.

PLANNED UNIT DEVELOPMENT: A twenty (20) acre minimum tract of land which contains two (2) or more principal buildings and one (1) or more principal use, planned and constructed as a unified development where the specific regulations of the zoning district in which the development is located are modified through the issuance of a special use permit.

PLAYGROUND EQUIPMENT: An appurtenant structure intended for recreational or athletic use including, but not limited to: playhouses, sandboxes, swing sets, trampolines and jungle gym.

PLAYHOUSE (PERMANENT): A detached accessory structure on a foundation used for children's play, socialization, and learning.

POND: See definition of Retention Basin or Pond.

POP-UP TRAILER: A trailer that is designed so the walls are collapsible for towing and storage. Sometimes referred to as folding camper trailer or tent trailer.

PORCH: A platform which may be screened, projecting from the wall of a building and with direct access to or from a building.

PRAIRIE STYLE: In "The Prairie Spirit in Landscape Gardening" (1915), Wilhelm Miller defines the prairie style as "a new mode of design and planting, which aims to fit the peculiar scenery, climate, soil, labor, and other conditions of the prairies, instead of copying literally the manners and materials of other regions.... [which is] based upon the practical needs of the middle western people and is characterized by preservation of typical western scenery, by restoration of local color, and by repetition of the horizontal line of land or sky which is the strongest feature of prairie scenery". It is the ecological use of indigenous plants, particularly those with horizontal branching patterns, and striated or "stratified" rockwork, echoing the rock outcroppings along middle western rivers. The resulting landscape designs were not literal imitations but rather idealizations or symbolic representations of nature, evocative of the spatial characteristics of the groves and prairies of the native landscape ("Midwestern Landscape Architecture", Christopher Vernon; chapter 10, page 184).

PRINCIPAL USE: The primary or predominant use of land, a building or a structure.

PROJECT REVIEW GROUP: A village interdepartmental team of professional staff members who meets on a regular basis for the purpose of reviewing development proposals as it relates to village zoning and subdivision control standards.

PSYCHIC/FORTUNE TELLING ESTABLISHMENT: Any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on, or permits to be engaged in or carried on, any method of prognostication, telling the future, foretelling impending or future events, whether or not such services are by means of card reading, tarot cards, palm reading, metaphysics, crystals, crystal balls or other means.

PUBLIC HEARING: A meeting announced and advertised in advance which is open to the public, with the public given an opportunity to speak and participate.

PUBLIC NOTICE: An advertisement of a public hearing in a newspaper of general circulation in the area, or through other media sources, indicating the date, time, place and nature of the public hearing.

QUADRUPLEX: A multiple-family residential housing design which typically contains four (4) dwelling units, with each unit having direct access to the outside and separated from the other dwelling units by one (1) or more common fire-resistant walls.

QUARRY: A place where rock, ore, stone, marble, slate and similar materials are excavated for sale or for off-site use.

QUASI-PUBLIC USE: A use owned or operated by a nonprofit, religious or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of public programs.

RAIN GARDEN: A shallow depression in a yard that is planted with native wetland or wet prairie wildflowers and grasses and that collects rainwater runoff from downspouts or sump pumps.

RECREATIONAL VEHICLE: A transportation structure, self-propelled or capable of being self-propelled or capable of being towed, or hauled primarily designed or constructed to provide temporary, movable living quarters for recreational, camping or travel use, but not for profit or commercial use, and licensed as a vehicle by, or in accordance with, the laws of the State of Illinois. Recreational vehicles may including, but not be limited to: boats, jet skis, pop-up trailers, 5 ^th wheel trailers, pick-up (slide-in) campers, snowmobiles and watercraft.

RECREATIONAL VEHICLE TRAILER: A portable structure supported by one (1) or more wheels which is towed or hauled and used for carrying or transporting boats, snowmobiles, motorcycles, or similar recreational objects or vehicles.

RECYCLING CONTAINER: A freestanding accessory structure which holds or encompasses reclaimable and/or salvageable materials.

RECYCLING DROP OFF STATION: An accessory use, structure, or set of outdoor containers designed or intended for the depositing or collection of clean, source separated, and recyclable papers, glass, metals or plastics, but having no mechanical facilities for the processing of said materials.

RECYCLING PLANT: A facility in which recoverable resources, such as newspapers, magazines, books and other paper products; glass; metal cans; and other products are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production. A junkyard is not a recycling plant.

REFUSE CONTAINER: A freestanding accessory structure, in excess of two (2) cubic yards in size, which holds or encompasses discarded rubbish and/or waste materials.

REGIONAL SHOPPING CENTER: A group of commercial establishments, offering a wide range of retail and service uses planned, constructed and managed as a total entity with customer and employee parking provided on-site, occupies a minimum of thirty (30) acres of land, has at least one (1) or more anchor stores, and contains over one million (1,000,000) square feet of gross floor area.

RENEWABLE ENERGY EASEMENT, SOLAR ENERGY EASEMENT: An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land.

RESEARCH LABORATORY: An establishment or other facility for conducting investigation in the natural, physical or social sciences or engineering and design studies with the objective of creating end products.

RESIDENCE: A dwelling unit.

RESTAURANT: A business establishment, whether a principal or accessory use, where food is prepared and served for consumption.

RESTRICTION: A limitation on property which may be created in a property deed, lease, mortgage, through certain zoning or subdivision regulations or as a condition of approval of an application for development.

RESTRICTIVE DEED: A restriction on the use of land usually set forth in the deed.

RETAIL SERVICES: Establishments providing services, as opposed to products, to the general public.

RETAIL TOBACCO AND SMOKING STORE:

(A)

A retail establishment that derives more than eighty percent (80%) of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and ninety percent (90%) of the space, and in which the sale of other products is merely incidental.

(B)

"Retail tobacco store and smoking store" includes an enclosed workplace that manufactures, imports, or distributes tobacco or tobacco products, when, as a necessary and integral part of the process of making, manufacturing, importing, or distributing a tobacco product for eventual retail sale of that tobacco or tobacco product, tobacco is heated, burned, or smoked, or a lighted tobacco product is tested, provided that the involved business entity:

(1)

Maintains a specially designated area or areas within the workplace for the purpose of the heating, burning, smoking, or lighting activities, and does not create a facility that permits smoking throughout;

(2)

Satisfies the eighty percent (80%) requirement related to gross sales; and

(3)

Delivers tobacco products to consumers, retail establishments, or other wholesale establishments as part of its business.

(C)

"Retail tobacco and smoking store" does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food or restaurant license.

RETAIL TOBACCO STORE: A retail establishment that derives more than eighty percent (80%) of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and ninety percent (90%) of the space, and in which the sale of other products is merely incidental. Smoking does not occur on-site at this establishment.

RETAIL TRADE: Establishments engaged in selling goods or merchandise to the general public and rendering services incidental to the sale of such goods.

RETENTION BASIN OR POND: A pond, pool or basin used for the permanent storage of stormwater runoff.

REZONING: Changing the zoning classification of a particular lot or parcel of land.

RIDESHARING: A single vehicle, share the expense method of transportation for two (2) or more persons who regularly travel typically to a common destination.

RIGHT OF ACCESS: The legal authority to enter or leave a property.

RIGHT-OF-WAY, PUBLIC: A strip of land dedicated for public use, primarily intended to be occupied or occupied by a road, sidewalk, bicycle path or public utility line.

RIGHT-OF-WAY, RAILROAD: A strip of land dedicated for railroad use, intended to be occupied by tracks and auxiliary facilities for track operations, but not necessarily including depots, loading platforms, stations, tram sheds, warehouses, repair shops, yards, water towers and other such facilities.

RIPRAP: Stone boulders, a minimum of three inches (3") in diameter, grouted in place to prevent soil erosion and to stabilize embankments.

ROADSIDE STAND: A structure used for the display and sale of agricultural products all of which have been grown on the same lot or premises on which the stand is located.

ROOF: The outside top covering of a building.

ROOF-MOUNTED ANTENNAS: An antenna which is located entirely on the roof of any building which is more than four (4) stories in height and which includes applicable rooftop mechanical screening.

ROOMING HOUSE: Any owner-occupied residential house or part thereof in which two (2) bedrooms are let separately through a written agreement as a single habitable rooming unit for a period of more than thirty (30) consecutive days and which does not make provisions for separate dining and/or cooking facilities.

ROOMING UNIT: Any room or group of rooms forming a single habitable unit to be used or intended to be used for living or sleeping, but not for dining and/or cooking purposes. Specifically excluded from this definition is any room or group of rooms that is used for custodial care of persons, such as adult daycare or group homes, or religious housing such as rectories or parsonages, or institutional housing, or hotel and motel rooms.

SATELLITE DISH: See definition of Dish Antenna.

SATELLITE RECEIVING DISH: Generally a dish shaped antenna, the purpose of which is to receive communications or other signals from satellites placed in earth orbit or from other extraterrestrial sources.

SCHOOL: Any building or portion thereof, which offers educational instruction in any branch of knowledge or study.

SEPTIC SYSTEM: An underground system with a septic tank used for the discharge of domestic waste.

SEPTIC TANK: A watertight receptacle that receives the discharge of sewage from a building, sewer or part thereof and is designed and constructed so as to permit the settling of solids from this liquid, digestion of organic matter and discharge of the resulting liquid portion into a disposal area.

SETBACK: The minimum horizontal distance between the street right-of-way line, private street or the front lot line and/or corner side lot line of a lot and the nearest wall of a building or structure adjoining such right-of-way, private street or lot line.

SHED (Fixed): A detached accessory structure twenty-five (25) square feet or greater, used for the storage of garden equipment and materials whose use is incidental and subordinate to that of the primary or dominant use of the principal building or structure.

SHED (Portable): A detached accessory structure twenty-five (25) square feet or less, typically constructed of rubber or other flexible material, easily carried or moved by hand, used for storage, and whose use is incidental and subordinate to that of the primary or dominant use of the principal building or structure.

SITE COVERAGE: See definition of Lot Coverage.

SITE PLAN: The graphical depiction of the location and arrangement of existing and proposed buildings and structures, parking lots and drives, roadways and rights-of-way, sidewalks, bicycle paths, and other freestanding structural features on a lot.

SLIM LINE DESIGN MONOPOLE COMMUNICATION FACILITY: An antenna tower in which the antennas are very narrow and closely spaced at or near the top of the monopole and which extend no more than one foot (1') beyond the circumference of the monopole.

SLOPE: The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower or mounting, and associated control or conversion electronics, which has a rated capacity of not more than one hundred (100) kilowatts and which is intended to primarily reduce on-site consumption of utility power.

SMALL WIND ENERGY SYSTEM, BUILDING-MOUNTED: A small wind energy system mounted on either the principal or accessory structure's roof or facade.

SMALL WIND ENERGY SYSTEM, FREESTANDING: A small wind energy system that is not attached to another structure and is ground-mounted.

SMALL WIND ENERGY SYSTEM, HEIGHT: The total height of the tower and the wind turbine measured from the average grade at the base of the system. Refer to section 154.59, Figure 5 of this chapter.

SMALL WIRELESS FACILITY: See definition in section 159.03.

SMOKEHOUSE: A structure where meat or fish is cured by means of smoke.

SMOKING SHELTER: An attached or detached accessory structure, enclosed or semi-enclosed on not more than three (3) sides, and is designated solely for the purpose of smoking legal tobacco products.

SOLAR ACCESS: A property owner's right to have unobstructed access to direct sunlight on a lot or building through the entire year including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.

SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical or electrical energy.

SOLAR COLLECTOR SURFACE: Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware.

SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

SOLAR ENERGY SYSTEM: A system that uses the power of the sun to capture and store energy and reduce on-site consumption of utility power.

SOLAR ENERGY SYSTEM, ACTIVE: A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical or chemical means.

SOLAR ENERGY SYSTEMS, BUILDING-INTEGRATED: An active solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights and awnings.

SOLAR ENERGY SYSTEM, BUILDING-MOUNTED: A solar energy system mounted on either the principal or accessory structure or facade.

SOLAR ENERGY SYSTEM, FREESTANDING: A solar energy system that is not attached to another structure and is ground-mounted on a rack or pole that is attached to the ground.

SOLAR ENERGY SYSTEM, JOINT: A solar energy collector or storage mechanism that supplies energy for structures or processes on more than one (1) lot or in more than one (1) dwelling unit or leasehold, but not to the general public and involves at least two (2) owners or users.

SOLAR ENERGY SYSTEM, OFF GRID: A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.

SOLAR ENERGY SYSTEM, PASSIVE: A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

SOLAR ENERGY SYSTEM, ROOF-MOUNTED: A solar energy system mounted on a rack that is fastened to or ballasted on a building roof.

SOLAR FARM: A commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity.

SOLAR GARDEN: A commercial solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple households or businesses residing or located off-site from the location of the solar energy system.

SOLAR HEAT EXCHANGER: A component of a solar energy device that is used to transfer heat from one substance to another, either liquid or gas.

SOLAR MOUNTING DEVICES: Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.

SOLAR RESOURCE: A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four (4) hours between the hours of 9:00 a.m. and 3:00 p.m. standard time on all days of the year.

SOLAR SKYSPACE: The maximum three-dimensional space extending from a solar collector to all positions of the sun necessary for efficient use of the collector.

(A)

Where a solar energy system is used for heating purposes only, solar skyspace shall mean the maximum three-dimensional space extending from a solar energy collector to all positions of the sun between 9:00 a.m. and 3:00 p.m. local apparent time from September 22 through March 22 of each year.

(B)

Where a solar energy system is used for cooling purposes only, solar skyspace shall mean the maximum three-dimensional space extending from a solar collector to all positions of the sun between 8:00 a.m. and 4:00 p.m. local apparent time from March 23 through September 21 of each year.

SOLAR SKYSPACE EASEMENT: A right, expressed as an easement, covenant, condition, restriction or other property interest in any deed, will or other instrument executed by or on behalf of any landowner or in any order of taking, appropriate to protect the solar skyspace of a solar collector at a particularly described location to forbid or limit any or all of the following where detrimental to access to solar energy: structures on or above ground; vegetation on or above ground; or other activities. Such right shall specifically describe a solar skyspace in three-dimensional terms in which the activity, structures or vegetation are forbidden or limited or in which such an easement shall set performance criteria for adequate collections of solar energy at a particular location.

SOLAR STORAGE MECHANISM: Equipment or elements such as piping and transfer mechanisms, containers, heat exchangers or controls thereof and gases, solids, liquids or combinations thereof that are utilized for storing solar energy, gathered by a solar collector, for subsequent use.

SOLAR THERMAL SYSTEM: A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.

SPA POOL: Spas are pools designed for recreational and therapeutic use and for physiological and psychological relaxation. These pools are not drained, cleaned and refilled after each use and may include, but are not limited to, these types: hydro jet circulation, hot water, cold water, mineral baths, air induction systems or some combination of these. They are shallow in depth and not meant for swimming or diving. A spa pool, depending on size, location and support equipment capacity, can accommodate from one (1) to many bathers.

SPECIAL EDUCATION INSTITUTION: A school which offers educational programs which are designed primarily for children and young adults exhibiting exceptional characteristics such as speech and language problems, unusually rapid or slow rate of development, learning disability, hearing impairment, physical handicaps and emotional or behavioral disorders.

SPECIAL USE: A use, which because of its special circumstances, is allowed in a particular zoning district subject to compliance with certain specified special conditions.

SPORTS TRAINING AND TEACHING ESTABLISHMENT: A commercial or quasi-governmental establishment devoted to training and teaching individuals athletic or sports related activities. Activities could include use of equipment, including, but not limited to, baseball pitching machines and batting cages, golf simulators and putting machines.

SPORTS TRAINING DEVICES: Any mechanical or electrical device used for training and teaching individuals athletic or sports related activities using full size, regulation equipment, including but not limited to, baseball pitching machines and batting cages, golf simulators and putting machines and miniature golf.

STAIRWAY, EXTERIOR: An uncovered series of steps which are necessary for access to an above grade landing of a principal structure and whose above grade landing shall be no larger than the minimum required for access to the structure.

STEALTH DESIGN COMMUNICATION FACILITY: A communications facility which is designed to blend into the surrounding environment using antenna alternative structures, roof-mounted antennas with required rooftop screening, wall-mounted antennas which are painted in order to match the wall of the existing structure, or any other design concept which conceals an antenna and/or antenna tower.

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

STORY, HALF: That portion of a building under a sloping roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four and one-half feet (4-1/2') above the floor of such story.

STREET: The paved or unpaved portion of a public or private right-of-way which affords the primary means of vehicular access to abutting property.

STRUCTURAL ALTERATION: Any change, other than incidental repairs, to any structure.

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

SUBDIVISION: The division of land into two (2) or more parts, any of which is less than five (5) acres, for the purpose, whether immediate or future, of transfer of ownership or building development, including all public streets, alleys, rights-of-way for public service facilities, parks, playgrounds, school grounds, or other public grounds and all tracts, parcels, lots or blocks and numbering of such lots, blocks or parcels by progressive numbers, giving their precise dimensions.

SWIMMING POOL: A private swimming pool or wading pool, whether indoors or outdoors and whether above or below the surface of the ground or both, intended to contain water for swimming, having an inside wall depth at any point of more than two feet (2') or a surface area exceeding two hundred fifty (250) square feet, located at a private residence, used and intended to be operated for the exclusive use of the residents of the zoning lot upon which they are located and their invited guests.

TANNING SALON ESTABLISHMENT: Any establishment having a fixed place of business where a room or a booth or group of rooms or booths houses ultraviolet lamps or products containing lamps intended for the irradiation of any part of the living body for cosmetic or nonmedical related purposes.

TATTOO: Any design, imprint, scar, or fixture on the skin created by the imprinting, attaching, imbedding, or otherwise affixing, of any indelible or semi-permanent ink or other permanent or semi-permanent liquid compound, or burning, searing, or cutting the skin to create such design, imprint, scar or fixture. Permanent makeup is not considered a tattoo under this definition.

TATTOO ESTABLISHMENT: Any place where a person tattoos any part of his or her own body or the body of another.

TEAR DOWN: The act of demolishing more than fifty (50) percent of an existing house on a previously platted lot in order to provide a building site for immediate construction of a new house, or the act of demolishing more than fifty (50) percent of a house in order to let the lot sit vacant for any period of time in order to build a new house at any time in the future.

TEMPORARY PORTABLE STORAGE UNIT: A temporary structure intended to be used for the storage of personal property, including but not limited to PODS (Portable On Demand Storage) containers.

TEMPORARY STRUCTURE: A structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

TEMPORARY USE: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

TENT: A portable structure or enclosure, the roof of which and/or one-half or more of the sides are constructed of nylon, cotton, canvas or similar materials.

TERRACE: A level, unenclosed landscaped and/or surfaced area located at or within four feet (4') of the finished grade which is usually directly adjacent or attached to a building.

TOT LOT: An improved and equipped play area for small children, usually no older than elementary school age.

TOWNHOUSE: A multiple-family residential housing design which typically contains three (3) or more dwelling units, each of which has its own front and rear access to the outside, no unit is located over another unit, and each is separated from any other unit by one (1) or more common fire-resistant walls.

TOXIC OR NOXIOUS SUBSTANCE: Any solid, liquid or gaseous matter, including, but not limited to, gases, vapors, dusts, fumes and mists containing properties which by chemical means are inherently harmful and likely to destroy life or impair health or capable of causing injury to the well being of persons or damage to property.

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

TRAILER: A portable structure supported by wheels, jacks, horses, skids or blocks without a permanent foundation which is towed or hauled by another vehicle and used for temporary human occupancy, carrying materials, goods or objects, or use as a temporary office.

TRANSITIONAL AREA: A land use of an intermediate intensity between a more intensive and less intensive use.

TREE HOUSE: A structure built in, on, or attached to trees and may be erected in residential areas.

TREE PRESERVATION PLAN: A plan indicating the location of and methodology by which existing plant material is to be preserved during the development of a lot or parcel of land.

TRELLIS: A structure of open latticework, often used as a support for vines and other climbing plants.

USE: The purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.

UTILITY EQUIPMENT: Any apparatus, including boxes and meters, used in the functioning of a utility, private or public.

UTILITY, PRIVATE OR PUBLIC:

(A)

Any agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, communication, rail transportation, water, sewage collection or other similar service;

(B)

A closely regulated private enterprise with an exclusive franchise for providing a public service.

VAN, PASSENGER: A closed motor vehicle with a capacity of approximately eight (8) to twelve (12) passengers.

VANPOOLING: A share the expense ridesharing program involving the use of vans owned by an employer or sponsoring organization.

VARIATION: An exception granting relief from one (1) or more of the provisions of this chapter.

VEGETATED SWALE: A shallow, low gradient swale vegetated with turf grass or native plants. Water runs through the swale as a slow shallow sheet flow, allowing infiltration and evaporation. These can be designed with adequate storage volume and cross sectional areas to hold and convey runoff from a desired design storm event.

VEHICLE: Has the same meaning as provided in the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq.

VEHICLE, BATTERY ELECTRIC (BEV): An electric vehicle with an onboard battery that operates exclusively on electrical energy from the battery which battery is charged from an electrical power source (charging station) not onboard the vehicle. No tailpipe emissions are produced.

VEHICLE, ELECTRIC: A vehicle that operates, either partially or exclusively, on electrical energy from a charging station or other electrical energy source that is stored in the vehicle's battery for propulsion purposes. "Electric vehicle" includes: a) a battery electric vehicle; b) a plug-in hybrid electric vehicle; c) a neighborhood electric vehicle; and d) electric scooters or motorcycles.

VEHICLE, ELECTRIC SCOOTERS AND/OR MOTORCYCLES: A two-wheel or three-wheel electric vehicle that operates exclusively on electrical energy stored in the vehicle's batteries.

VEHICLE, NEIGHBORHOOD ELECTRIC: An electric vehicle with four (4) wheels that conforms to federal regulations under title 49 CFR part 571.500, which can from a standstill attain a speed of twenty (20) miles per hour within one (1) mile but cannot exceed a speed of more than twenty-five (25) miles per hour.

VEHICLE, NONELECTRIC: A vehicle that does not meet the definition of "electric vehicle," as provided herein.

VEHICLE, PLUG-IN HYBRID ELECTRIC (PHEV): An electric vehicle that: a) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; and b) charges its battery primarily by connecting to a charging station or other electrical source not onboard the vehicle; c) may additionally be able to sustain a battery charge using an onboard internal combustion driven generator; and d) has the ability to be propelled through the use of electricity.

VEHICLE STACKING AREA: An area of pavement designed to allow for the queuing of vehicles at drive-throughs, or other similar facilities, assuming a twenty-two foot (22') front bumper to front bumper spacing ratio between vehicles. The vehicle stacking area shall be calculated to include the vehicle stationed at the service window as the first vehicle in the queue, and include each vehicle which queues behind the first vehicle.

VENDING MACHINE: A machine, designed to be operated by the consumer, used for the dispensing of merchandise for monetary remuneration.

VIDEO GAME, ELECTRONIC AND OTHER MECHANICAL AMUSEMENT DEVICE: Any mechanical or electrical device as defined in section 134.01 of this Code.

VIDEO GAMING CAFE: An establishment whose primary or major focus is video gaming and the service of alcohol and food is incidental to the operation of video gaming.

VILLAGE: The Village of Schaumburg, Illinois.

VILLAGE BOARD: The Board of Trustees of the Village of Schaumburg, Illinois.

WALL-MOUNTED ANTENNAS: An antenna which is structurally supported and attached to the wall of a building which is more than four (4) stories in height, painted to blend with the exterior surface of the building, typically found at or near the top of the wall of the building, and is entirely below the top edge of the wall of the building.

WAREHOUSE: A building, or portion thereof, used primarily for the storage of goods and materials.

WATERCOURSE: Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.

WELL: A hole or shaft sunk into the earth to tap an underground supply of water.

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

WHOLESALE ESTABLISHMENT: A business establishment primarily engaged in selling merchandise to other than the general public.

WILDFLOWER: An herbaceous plant that is native to this local region and is representative of unselected forms of its species.

WIND ENERGY CONVERSION SYSTEM (WECS): Any device or assemblage which directly converts wind energy into usable thermal mechanical, or electrical energy, including such devices as windmills and wind turbines, towers and supporting structures and such directly connected facilities as generators, alternators, inverters, batteries and associated control equipment.

WIRELESS SUPPORT STRUCTURE FOR SMALL WIRELESS FACILITIES: See definition in section 159.03.

WORKSHOP: An enclosed structure where manual work is done, including, but not limited to, manufacturing or repairing hobbies.

YARD: Any open space on the same lot with a building or group of buildings lying between the buildings and between the building and the nearest lot line, unobstructed from the ground upward and unoccupied except by specific uses and structures allowed in such open space by the provisions of this chapter.

YARD, CORNER SIDE: A side yard which adjoins either a roadway right-of-way or a private street which, unlike a typical side yard, extends to the rear lot line rather than the rear yard line.

YARD, FRONT: A yard bounded by the front lot line, the side/corner side lot lines and the front yard line of the lot.

YARD, INTERIOR SIDE: A side yard which adjoins another lot.

YARD LINE: A line on a lot that is parallel to the lot line along which the applicable yard extends and which is nearer to such lot line at any point than the required depth or width of the applicable yard. A structure or other obstruction shall not protrude into the area between the yard line and such adjacent lot lines, except for such permitted obstructions in yards as are set forth in this chapter.

YARD, REAR: A yard bounded by the rear lot line, the side lot lines/corner side yard lines and the rear yard line of the lot.

YARD, REQUIRED: The minimum open space between a lot line and the buildable area of a lot within which no structure or other obstruction shall be located except as provided in this chapter.

YARD, SIDE: A yard bounded by a side/corner side lot line, the front yard line, the rear yard line and the side yard line of a lot.

YARD, TRANSITIONAL: A yard which buffers a less intensive use from an adjoining more intensive use, such as a yard buffering a residential use from a commercial use.

ZONING ADMINISTRATOR: The administrative officer designated to administer and enforce this chapter.

ZONING BOARD: The Zoning Board of Appeals of the Village of Schaumburg, Illinois.

ZONING DISTRICT: A specifically delineated land area within the Village of Schaumburg, Illinois, as specified on the zoning map, within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.

ZONING LOT: See definition of Lot, Zoning.

ZONING MAP: The zoning map of the Village of Schaumburg, Illinois.

(Ord. 163, passed 12-5-1961; Am. Ord. 735, passed 5-11-1971; Am. Ord. 1041, passed 1-8-1974; Am. Ord. 1960, passed 3-24-1981; Am. Ord. 2043, passed 8-25-1981; Am. Ord. 2054, passed 9-22-1981; Am. Ord. 2156, passed 8-10-1982; Am. Ord. 2191, passed 11-16-1982; Am. Ord. 2264, passed 6-28-1983; Am. Ord. 2589, passed 12-17-1985; Am. Ord. 2601, passed 2-11-1986; Am. Ord. 2970, passed 4-26-1988; Am. Ord. 90-87, passed 7-10-1990; Am. Ord. 91-35, passed 3-26-1991; Am. Ord. 91-39, passed 4-9-1991; Am. Ord. 93-101, passed 7-27-1993; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 95-75, passed 6-27-1995; Am. Ord. 97-112, passed 9-23-1997; Am. Ord. 97-152, passed 12-9-1997; Am. Ord. 98-58, passed 5-26-1998; Am. Ord. 98-78, passed 7-14-1998; Am. Ord. 98-89, passed 7-28-1998; Am. Ord. 01-08, passed 1-23-2001; Am. Ord. 01-166, passed 11-13-2001; Am. Ord. 02-19, passed 2-26-2002; Am. Ord. 03-37, passed 3-11-2003; Am. Ord. 03-80, passed 6-24-2003; Am. Ord. 04-54, passed 4-27-2004; Am. Ord. 04-62, passed 5-11-2004; Am. Ord. 04-154, passed 10-26-2004; Am. Ord. 05-109, passed 8-9-2005; Am. Ord. 05-165, passed 11-8-2005; Am. Ord. 06-10, passed 1-10-2006; Am. Ord. 06-035, passed 2-14-2006; Am. Ord. 06-57, passed 3-28-2006; Am. Ord. 06-111, passed 6-13-2006; Am. Ord. 06-112, passed 6-13-2006; Am. Ord. 06-168, passed 9-12-2006; Am. Ord. 06-189, passed 10-10-2006; Am. Ord. 06-225, passed 11-14-2006; Am. Ord. 07-06, passed 1-9-2007; Am. Ord. 07-049, passed 3-27-2007; Am. Ord. 07-051, passed 3-27-2007; Am. Ord. 07-061, passed 4-24-2007; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-111, passed 7-24-2007; Am. Ord. 07-122, passed 8-14-2007; Am. Ord. 07-124, passed 8-14-2007; Am. Ord. 08-049, passed 3-25-2008; Am. Ord. 08-054, passed 4-8-2008; Am. Ord. 08-065, passed 4-22-2008; Am. Ord. 08-114, passed 8-12-2008; Am. Ord. 08-131, passed 9-23-2008; Am. Ord. 08-145, passed 10-28-2008; Am. Ord. 09-021, passed 2-24-2009; Am. Ord. 09-061, passed 5-26-2009; Am. per correspondence dated 10-27-2009; Am. Ord. 10-028, passed 4-13-2010; Am. Ord. 10-055, passed 5-25-2010; Am. Ord. 10-059, passed 6-8-2010; Am. Ord. 12-030, passed 2-28-2012; Am. Ord. 12-069, passed 5-22-2012; Am. Ord. 12-084, passed 7-24-2012; Am. Ord. 13-031, passed 4-16-2013; Am. Ord. 13-114, passed 11-19-2013; Am. Ord. 14-048, passed 5-13-2014; Am. Ord. 14-058, passed 6-10-2014; Am. Ord. 15-100, passed 9-22-2015; Am. Ord. 15-102, passed 9-22-2015; Am. Ord. 16-015, passed 2-9-2016; Am. Ord. 16-021, passed 2-23-2016; Am. Ord. 17-031, passed 4-11-2017; Am. Ord. 17-053, passed 6-13-2017; Am. Ord. 17-070, passed 7-25-2017; Am. Ord. 19-009, passed 2-12-2019; Am. Ord. 19-068, passed 8-13-2019; Am. Ord. 19-098, passed 12-10-2019; Am. Ord. 19-107, passed 12-10-2019; Am. Ord. 20-032, passed 5-12-2020; Am. Ord. 21-004, passed 1-12-2021; Am. Ord. 21-044, passed 4-13-2021; Am. Ord. 21-065, passed 6-8-2021; Am. Ord. 22-024, passed 3-22-2022; Am. Ord. 23-028, passed 3-28-2023; Am. Ord. 23-042, passed 5-9-2023; Am. Ord. 23-053, passed 6-13-2023)