(A)   Residential Use Group:

      1.   Household Living:

         (a)   Single-Family Dwelling, Attached: A dwelling unit designed for one family with not more than two (2) lodgers or boarders, having its own ground floor entrance and open space, and joined to two (2) or more dwellings by common walls, or other horizontally unifying structural element. This use type includes townhouses, row houses, and other similar dwelling types.

         (b)   Single-Family Dwelling, Detached: A dwelling unit designed for one family with not more than two (2) lodgers or boarders that does not share a common wall with any other dwelling and is surrounded on all sides by open space located on the same lot.

         (c)   Multi-Family Dwelling: A building designed for or occupied exclusively by three (3) or more families.

         (d)   Two-Family Dwelling: A building designed for or occupied exclusively by two (2) families with not more than two (2) lodgers or boarders per dwelling unit. A two-family dwelling also includes the terms "duplex" and "two-flat".

         (e)   Employee Living Quarters: Living quarters for persons employed on the premises and not rented otherwise as a separate dwelling.

         (f)   Manufactured Home Park: A lot or adjacent lots providing sites and utilities for independent manufactured homes either free of charge or for a fee, including any building, structure, vehicle, or enclosure used or intended for use as a part of the manufactured home park. This does not include mobile homes without plumbing facilities or motorized recreational vehicles.

Any park defined in the mobile home park act 1 or by the city of Spring Valley as a "mobile home park" is defined as a "manufactured home park". See also the applicable use standards for manufactured home parks in subsection 14-3-2(G) of this title.

         (g)   Residential Planned Development: A residential development improved according to an overall unified plan that was approved according to the procedure in chapter 11 of this title.

      2.   Group Living: Residential uses other than household living; usually provide common kitchen/dining facilities.

         (a)   Assisted Living: A group living facility that provides health and living services for persons who because of age, illness or infirmity cannot live independently but do not require continuous nursing care.

         (b)   Community Residence: A single dwelling unit occupied on a relatively permanent basis in a family like environment by unrelated persons with disabilities.

            (1)   Small: Small community residences house no more than eight (8) residents plus staff, are certified by the state of Illinois, and are supervised by full time paid professional support staff whenever residents are present.

            (2)   Large: Large community residences are either not licensed or certified by the state of Illinois, or are not supervised, or have five (5) or more persons plus staff, whether licensed or not.

         (c)   Nursing Care Facility: A facility that provides shelter, and medical, nursing, and/or rehabilitation services for persons who require twenty four (24) hour skilled nursing supervision and care.

         (d)   Transitional Residence: A temporary residential living arrangement for persons receiving therapy or counseling for purposes including, but not limited to, the following:

            (1)   Recuperation from drug or alcohol addiction;

            (2)   Assistance with reentering society while housed under supervision as an alternative to imprisonment, including prerelease, work release and probationary programs; or

            (3)   Assistance with family or school adjustment problems that require specialized attention in order to achieve personal independence.

         (e)   Group Living Not Otherwise Classified: Group living uses that do not fit into any other category, such as fraternities, sororities, convents, and monasteries.

   (B)   Public And Civic Use Group: The public and civic use group includes uses that are public or quasi-public in nature.

      1.   College Or University: Institution of higher learning that offers courses of general or specialized study leading to a degree and is certified by the state or a recognized accrediting agency.

      2.   Cultural Exhibits And Libraries: Museum like preservation and/or exhibition of objects in one or more of the arts and sciences; gallery exhibition of works of art; or a library collection of books, manuscripts and other materials for study and reading, excluding public assembly facilities, which are classified as places of public assembly.

      3.   Daycare: A place where three (3) or more unrelated children or adults are cared for by persons other than parents or guardians, for part or all of a day.

         (a)   Daycare Center: A daycare use that regularly provides care for eight (8) or more children or adults, whether in a family home or in another facility.

         (b)   Daycare Home: A daycare use that regularly provides care for up to eight (8) children or adults.

      4.   Hospital: Uses providing medical or surgical care to patients and offering inpatient (overnight) care.

      5.   Parks And Recreation: Recreational, social, or multipurpose uses typically associated with public parks, public open spaces, outdoor recreation areas, public or private golf courses, and associated buildings.

      6.   Post Office: Uses associated with the processing and delivering of mail, including those either owned or leased by postal service companies.

      7.   Public Safety Services: Public safety services that provide fire, police or life protection, together with incidental storage and maintenance of necessary vehicles, including, but not limited to, fire stations, police stations, and ambulance services.

      8.   Religious Assembly: Religious uses commonly involving public assembly as customarily occurs in churches, synagogues, mosques, and temples.

      9.   School: Public or private institutions providing education at the elementary, junior high or high school level that provide state mandated basic education.

      10.   Social Club Or Lodge: Any establishment, public or private, commercial or nonprofit, that provides a gathering place for people, with or without food and beverage, commonly known as, but not limited to, the following:

         (a)   Teen centers.

         (b)   Youth centers.

         (c)   Senior centers.

         (d)   Dance clubs.

      11.   Utility, Major: Services and utilities that have substantial impacts on surrounding areas, including, but not limited to, water and wastewater treatment facilities, major water storage facilities, pumping stations, electric substations, gas regulator stations, telephone transmission structures, radio, and television and microwave relay towers.

      12.   Utility, Minor: Public utilities that have few, if any, impacts upon the surrounding neighborhood, such as electrical and gas distribution substations or power transmission lines.

   (C)   Commercial Use Group:

      1.   Adult Use: The term "adult use" includes adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult entertainment cabarets, adult model studios, massage establishments or similar establishments.

         (a)   Adult Bookstore: An adult bookstore is an establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or any other coin operated means, and other periodicals that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities", or "specified anatomical areas" or an establishment with a segment or section devoted to the sale or display of such material, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, the exclusion of minors from the establishment's premises, or any other factors showing that the establishment's primary purpose is to purvey such material.

         (b)   Adult Entertainment Cabaret: An adult entertainment cabaret is a public or private establishment that: 1) features topless dancers, strippers, male or female impersonators; 2) not infrequently features entertainers who display "specified anatomical areas"; or 3) features entertainers who by reason of their appearance or conduct perform in a manner that is designed primarily to appeal to the prurient interest of the patron or entertainers who engage in, or engage in explicit simulation of, "specified sexual activities".

         (c)   Adult Mini-Motion Picture Theater: An adult mini-motion picture theater is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", for observation by patrons therein.

         (d)   Adult Motion Picture Theater: An adult motion picture theater is an enclosed building with a capacity of fifty (50) or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", for observations by patrons therein.

         (e)   Adult Model Studio: Any public or private establishment that describes itself as a body shop or model studio, or where for any form of consideration or gratuity, figure models who display sexually oriented anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, or where for any form of consideration or gratuity, nude and seminude dancing, readings, counseling sessions, body painting and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities and specified anatomical areas are provided for observation by or communication to persons paying such consideration or gratuity. Excluded from this definition are recognized art courses at accredited schools, colleges or universities that as a portion of their instruction include drawing, painting, sculpting or photographing a model.

         (f)   Massage Establishment: An establishment that engages in, or permits to be engaged in, the performance of manual manipulation on the body by another person other than a massage therapist that involves the hands or a mechanical device. This does not include "therapeutic massage", which is defined as the practice of manual muscle manipulation by a massage therapist who is a member of a nationally recognized professional organization for massage therapists that adheres to a code of ethics, or recreational facilities with more than ten thousand (10,000) square feet of floor area for exercise rooms, gymnasiums, tennis courts, racquetball courts, swimming pools or similar uses directly related to exercising the human body that do not derive more than five percent (5%) of yearly income from massage services.

         (g)   Specified Sexual Activities: The phrase "specified sexual activities" in connection with adult uses means:

            (1)   Human genitals in the state of sexual stimulation or arousal;

            (2)   Acts of human masturbation, sexual intercourse or sodomy;

            (3)   Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

         (h)   Specified Anatomical Areas: The phrase "specified anatomical areas" in connection with adult uses means:

            (1)   Less than completely and opaquely covered: a) human genitals, pubic region, b) buttock and c) female breast below a point, immediately above the top of the areola; and

            (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

      2.   Animal Services:

         (a)   Shelters And Kennels: Any premises where three (3) or more animals are owned, boarded, bred and/or offered for sale, including, but not limited to, boarding kennels, dog training centers and animal rescue shelters.

         (b)   Veterinary Services: Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

      3.   Art Gallery: Uses dedicated to the showing or sale of art, including art galleries and studios. Art museums are classified in the "cultural exhibits and libraries" use category.

      4.   Banks And Financial Services:

         (a)   Banks: Financial or securities brokerage services, including, but not limited to, banks, savings and loan, or consumer investment businesses.

         (b)   Payday Loan Store: An establishment other than a bank that engages in the business of offering payday loans, cashing checks, or exchanging currency. A "payday loan" is a loan transaction where a postdated check or other check that the parties agree will be held for a period of time before presentment for payment or deposit is accepted as collateral for the loan.

         (c)   Consumer Loan Establishment: Any business that makes loans in a principal amount not exceeding twenty five thousand dollars ($25,000.00) secured other than by a mortgage or lien on the borrower's real property or on personal property acquired by the borrower with the proceeds of the loan, not including any bank, savings bank, savings and loan association or credit union.

         (d)   Pawnshop: An establishment or person (pawnbroker) engaged in the business of receiving property in pledge or as security for money or other things advanced to the pawner or pledger.

      5.   Body Art Services: Provision of any of the following procedures: body piercing, tattooing, cosmetic tattooing, branding, and scarification. This definition does not include practices that are considered medical procedures by the Illinois medical board, which may not be performed in a body art services establishment.

      6.   Business Support Services: Provision of clerical, employment, protective, or minor processing services to firms rather than individuals, excluding any storage of goods other than samples. Typical uses include secretarial services, telephone answering services and copying or blueprint services. Also includes business or trade schools that do not involve any outdoor storage or manufacturing processes.

      7.   Construction Sales And Service: Construction activities and incidental storage on lots other than construction sites. Also includes the retail or wholesale sale of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures, and hardware, and excluding those uses classified under "vehicle sales and service". This category includes, but is not limited to, uses such as building materials stores, tool rental or sales and building contracting/construction offices.

      8.   Eating And Drinking Establishment:

         (a)   Restaurant: An establishment primarily engaged in serving prepared food to the public, including those with outdoor seating areas.

         (b)   Tavern: An establishment primarily engaged in serving alcoholic beverages for consumption on the premises and in which the serving of prepared food and live entertainment may be provided.

      9.   Entertainment And Spectator Sports: Provision of cultural, entertainment, athletic and other events to spectators.

      10.   Funeral And Interment Services:

         (a)   Cemetery: Land or facilities used for burial of the dead.

         (b)   Cremating: Services involving the purification and reduction of human remains by fire.

         (c)   Funeral Home: An establishment providing services of preparing the dead for burial and arranging or managing funerals.

      11.   Gas Station: Any building or premises whose principal use is the dispensing, sale or offering for sale at retail of any motor vehicle fuels, oil or accessories, where repair service or car wash facilities is incidental, where no motor vehicle storage is present and where no motor vehicles are offered for sale.

      12.   Lodging:

         (a)   Bed And Breakfast: An owner occupied detached house in which sleeping rooms are available for rent for transient occupancy by registered guests, not including multi-unit residential or accessory buildings.

         (b)   Hotel/Motel: An establishment containing lodging rooms for occupancy by transient guests, with the extent of occupancy limited to thirty (30) days. Such an establishment may provide customary hotel services such as maid and bellboy services, furnishing of and laundry of linens used in the lodging rooms, central desk, and meeting rooms.

      13.   Medical Or Dental Clinic: An establishment where patients are not lodged overnight but are admitted for examination and treatment by a group of physicians or dentists practicing medicine.

      14.   Miniwarehouse: Storage or warehousing service within a building for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enterprise located elsewhere, where such storage space is not used for any retail, manufacturing, wholesale, business or service use.

      15.   Office: Professional, governmental, executive, management or administrative offices of private or governmental organizations.

      16.   Personal And Consumer Service: Sale of any service to individual customers for their own personal benefit, enjoyment, or convenience. For example, consumer services include the provision of personal services such as beautician and barbering services, specialized instruction, laundry and dry cleaning services, and all other similar services.

      17.   Retail Sales: Businesses that sell, lease, or rent new or used products to the general public that are not intended for resale.

      18.   Shopping Center Planned Development: A large commercial development improved according to an overall unified plan that was approved according to the procedure in chapter 11 of this title.

      19.   Vehicle Sales And Service:

         (a)   Car Wash: Any building or site providing facilities for washing motor vehicles, using either automatic equipment or providing space and equipment for hand washing of vehicles by either customers or employees.

         (b)   Motor Vehicle Repair: A business or premises where repair work on or for motor vehicles, the replenishing of parts thereto, the changing of tires, the diagnosis of malfunctions of a motor vehicle, or the estimating of damage and necessary repairs is conducted.

            (1)   Major: Any motor vehicle repair business or premises that also performs bodywork, painting or commercial vehicle repairs.

            (2)   Minor: Any motor vehicle repair business or premises that does not perform bodywork, painting or commercial vehicle repairs.

         (c)   Light Equipment And Vehicle Sales/Rental: Businesses that sell, lease, rent, or wholesale from the premises automobiles, noncommercial trucks, motorcycles, trailers with less than ten thousand (10,000) pounds of gross cargo capacity, motor homes and boat dealers, along with incidental maintenance.

         (d)   Heavy Equipment Sales Or Rental: Businesses that sell, lease, rent or wholesale from the premises heavy construction equipment, farm implements, tractors, trucks, or aircraft, along with incidental maintenance.

         (e)   Vehicle, Recreational Vehicle Or Boat Storage/Towing: The operating of a vehicle towing service or the storage of automobiles, recreational vehicles or boats as a principal use.

   (D)   Industrial Use Group:

      1.   Manufacturing, Production And Industrial Service:

         (a)   Limited: Manufacturing of finished parts or products, primarily from previously prepared materials, including, but not limited to, printing and related support activities; machinery manufacturing; food manufacturing; computer and electronic product manufacturing/assembly; electrical equipment, appliance, component manufacturing/assembly; furniture and related product manufacturing/assembly; and other manufacturing and production establishments that typically have very few, if any, negative external impacts on surrounding properties.

         (b)   General:

            (1)   Manufacturing of finished or unfinished products, primarily from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials, including, but not limited to: textile mills; textile product mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing.

            (2)   Industrial service firms engaged in the repair or servicing of industrial or commercial machinery, equipment, products or byproducts, including, but not limited to: welding shops; machine shops; industrial tool repair; fuel oil distributors; solid fuel yards; laundry, dry cleaning, and carpet cleaning plants; and photo finishing laboratories.

      2.   Manufacturing Planned Development: An industrial development improved according to an overall unified plan that was approved according to the procedure in chapter 11 of this title.

      3.   Research Laboratory: A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not primarily facilities for the manufacture or sale of products.

      4.   Trucking/Freight Terminal: A building or area where freight is collected, stored and/or dispatched for intrastate or interstate shipment.

      5.   Waste Related Use:

         (a)   Junkyard: Any land or structure used for a salvaging operation, including, among other things, the storage and sale of wastepaper, rags, scrap metal and discarded materials, and the collecting, dismantling, storage and salvaging of unlicensed, inoperative vehicles.

         (b)   Sanitary Landfill: A method of disposing of refuse by spreading and covering such refuse with earth to a depth of two feet (2') or more on the top surface and one foot (1') or more on the sides of the bank.

         (c)   Recycling Facility: Any business that engages in the collection, storage or processing of any type of aluminum, glass, paper, plastic, rubber, textile, landscape waste or other similar materials for the purpose of marketing the material for use in the manufacturing process of new, reused or reconstituted products.

      6.   Warehousing And Wholesaling: Storage, wholesale sales and distribution of materials and equipment, including, but not limited to, storage warehouses, moving and storage firms, trucking or cartage operations, truck staging or storage areas, and wholesale sales of materials and equipment to parties other than the general public.

   (E)   Agricultural Use Group:

      1.   Farming: Activities including, but not limited to, horticulture, forestry, crop and tree farming, truck farming, natural areas, gardening, dairy, stock and poultry farming, incidental operation of vehicles; and excluding uses in violation of IEPA performance standards.

   (F)   Other Use Group:

      1.   Accessory Use: A subordinate use that is incidental to and customary in connection with the principal building or use and is located on the same lot.

      2.   Drive-Through Facilities: Facilities used to provide or dispense products or services, through an attendant or a window or an automated machine, to persons remaining in vehicles that are in a designated stacking aisle. A drive-through facility may be in combination with other uses, such as a financial institution, personal service use, retail store, or eating establishment. A drive-through facility does not include a car wash or gas station.

      3.   Home Occupation: A business use within a dwelling unit, where the dwelling unit is the principal residence of the business operator.

      4.   Parking:

         (a)   Accessory: Motor vehicle parking facilities that provide parking that is accessory to a specific use or uses.

         (b)   Nonaccessory: Facilities that provide motor vehicle parking that is not accessory to a specific use, regardless of whether a fee is charged.

      5.   Wireless Communication Facility: Facilities related to the use of the radio frequency spectrum for the purposes of transmitting or receiving radio signals, and may include, but is not limited to, radio towers, television towers, telephone exchanges, microwave relay towers, telephone transmission equipment buildings and commercial mobile radio service facilities. The wireless communication facility use category includes all associated equipment unless the written context clearly indicates that another meaning is intended. The term "associated equipment" is to be read broadly and in context. Associated equipment may include, but is not limited to: antenna, equipment shelter or platform, lighting, monopole tower, mounting hardware, and supporting electrical or mechanical equipment.

         (a)   Freestanding: A wireless telecommunication facility that is attached to an existing pole, tower, or other structure including, but not limited to, a structure that can accommodate the future installation of two (2) or more antenna systems.

         (b)   Collocated: A new tower, monopole, or other unattached structure erected to support wireless communication antennas and connecting appurtenances. (Ord. 1379, 6-9-2008)

The words and terms set forth in this section, wherever they occur in this title, must be interpreted as defined in this section. Any words not defined as follows will be construed in their general accepted meanings as defined in the most recent edition of "Merriam-Webster's Collegiate Dictionary". For a detailed description of the measurement of lot area, setbacks, height, building coverage and other dimensional standards, see section 14-4-3 of this title.

ACCESSORY BUILDING OR STRUCTURE: A building or structure that is customarily incidental to and subordinate in size or purpose to the principal building or use and is located on the same lot as the principal building or use.

ACCESSORY USE: A use that is customarily incidental and subordinate to the principal use of the lot and is located on the same lot.

ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

ADULT-USE CANNABIS 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, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS 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, (PA. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (PA. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

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

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

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

ALLEY: A public right of way that provides a secondary means of access to abutting property.

ALTERATION: Any enlargement, addition, relocation, remodeling, or change in number of dwelling units of buildings that would improve or prolong the life of the building by affecting supporting members of a building or structure, such as bearing walls or partitions, columns, beams, girders, or exterior walls that are not cosmetic or decorative in nature; an alteration to other than a building may include a change in site grading, open space, or topography, changes to signs or other structures, but excluding painting and incidental maintenance and repairs to buildings and structures that do not require a permit.

APARTMENT: See definition of Dwelling Unit.

BASEMENT: A portion of a building that is entirely or partly below grade. A basement is counted as a story when more than one- half (1/2) of its floor to ceiling height is below grade.

BERM: A raised earth form that provides screening from adjoining land uses.

BUILDING: Any structure having a roof supported by columns or walls and built for the support, shelter or enclosure of persons, animals, or property of any kind.

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

BUILDING LINE: A line representing the actual location of an exterior building wall.

BUILDING, PRINCIPAL: A building of primary importance or function containing the principal use of the lot.

CALIPER: The diameter of a tree trunk measured six inches (6") above the ground, or measured at twelve inches (12") above the ground for trees larger than six inches (6") in diameter.

CITY: The city of Spring Valley, Illinois.

COMMERCIAL MESSAGE: Any sign, wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

COMPREHENSIVE PLAN: The plan for the development of the city of Spring Valley that is prepared by the plan commission and adopted by the city council.

CONDITIONAL USE: See definition of Use, Special.

CONSERVATION: Preservation of land, water, flora, fauna, and cultural artifacts in their original state.

CONTRACTOR: Any person or firm engaged in construction, building services or maintenance on a contract basis.

CROSSWALK: A right of way that crosses a block and provides pedestrian access to adjacent streets or properties.

CUL-DE-SAC: A street with one open end and the other end permanently closed with a vehicle turnaround.

DECIDUOUS: A plant that sheds its leaves at the end of each growing season.

DENSITY: The number of dwelling units per acre.

DEVELOPER: The legal or beneficial owner or the representative thereof, of a lot or parcel of any land proposed for inclusion in a development, including the holder of an option or contract to purchase.

DEVELOPMENT: The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alternation, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land or any clearing, grading, excavation or other movement of land, for which permission may be required pursuant to this code.

DRIP LINE: A tree protection zone that is measured as the diameter defined by the outermost leaves on a tree.

DRIVEWAY: A strip of land that provides access from the public right of way onto a lot.

DWELLING UNIT: A building or portion of a building designed or used as living quarters for a single family.

EASEMENT: A grant by a property owner by lawful agreement for the use of a strip of land by the general public, a corporation, or persons for specific purposes.

FACADE: The exterior face of a building.

FAMILY: Two (2) or more persons related to each other by blood, marriage, or legal adoption, living together as a single housekeeping unit; or a group of not more than three (3) persons, who need not be related by blood, marriage, or legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit; in either case, exclusive of usual domestic servants. For the purpose of this title, however, an unrelated family does not include persons living together in a community residence.

FENCE: A structure that is a barrier used to mark a boundary, or for protection, confinement, screening, or decoration.

FLOOR AREA: The sum of the horizontal areas of each floor of a building, measured from the exterior limits or faces of the building, not including areas below grade or accessory structures.

FOOT-CANDLE: A unit of illumination produced on a surface, all points of which are one foot (1') from a uniform point source of one standard candle.

GARAGE: An accessory building, or an accessory portion of a principal building, enclosed on at least three (3) sides that is intended for and used to store private passenger motor vehicles and no more than one 3/4-ton or lesser sized truck.

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

HOMEOWNERS' ASSOCIATION: An incorporated nonprofit organization operating under recorded land agreements through which:

   (A)   Each lot and/or homeowner in a subdivision or development or other described land area is automatically a member;

   (B)   Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities that may include enforcement of governing documents and restrictive covenants, rules regarding construction and maintenance, and maintenance of common open space and facilities; and

   (C)   The charge if unpaid becomes a lien against the property.

ILLUMINATION: As related to a sign, means any light directed at, attached to or otherwise related to a sign, including exposed tubing or bulbs on the sign, lamps or lights shining onto its surface, or illumination transmitted through the sign face(s).

   (A)   "Direct illumination" means a light source that is placed outside of or away from the sign in a manner so as to illuminate the sign externally.

   (B)   "Internal illumination" means a light source that is enclosed within the sign and viewed through a translucent panel.

IMPERVIOUS SURFACE AREA: A hard surface area that prevents or substantially impedes the natural infiltration of water into the underlying soil, resulting in an increased volume and velocity of surface water runoff. Impervious surface includes, but is not limited to, buildings, roadways, driveways, parking, sidewalks, patios and courts for sports activities.

INTERSECTION, STREET: The point of crossing or meeting of two (2) or more streets.

LANDSCAPED AREA: An area that is permanently devoted and maintained to the growing of shrubbery, grass and other plant material.

LOADING SPACE: A space within the main building or on the same lot for the standing, loading, or unloading of trucks, having adequate ingress and egress to a public street.

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

LOT: A "zoning lot" unless the context clearly indicates a "lot of record". The term lot includes the terms "site", "parcel", and any other similar undefined term.

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

LOT, CORNER: A lot abutting two (2) streets at their intersection.

LOT, DOUBLE FRONTAGE OR THROUGH LOT: A lot that has a pair of opposite property lines along two (2) substantially parallel streets and that is not a corner lot. On a through lot both street lines will be considered front property lines, but in the case of two (2) or more contiguous through lots, there will be a common property line.

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

LOT, RECORDED: A lot designated on a subdivision plat or deed, duly recorded pursuant to statute in the county recorder's office. A recorded lot may or may not coincide with a zoning lot.

LOT, ZONING: A parcel of land, composed of one or more recorded lots; occupied or to be occupied by a principal building or buildings, or principal use or uses along with permitted accessory buildings or uses; and meeting all the requirements for area, buildable area, frontage, width, yards, setback and any other requirements set forth in this title.

MANUFACTURED HOME: A residential structure that:

   (A)   Is transportable in one or more sections and is essentially ready for occupancy upon leaving a factory and being installed on a building site;

   (B)   Does not require a significant amount of construction on site, unlike other structures with factory produced components such as modular, panelized or precut homes;

   (C)   Is designed to be used with or without a permanent foundation and connected to utilities such as plumbing, heating, and electrical systems; and

   (D)   Complies with the federal manufactured home construction and safety standards, but does not comply with local building codes.

Any home defined as a "mobile home" in this title is included in this definition of "manufactured home".

MANUFACTURED HOME PARK: A lot or adjacent lots providing sites and utilities for manufactured homes either free of charge or for a fee, including any structure or enclosure used or intended for use by occupants. This does not include mobile homes without plumbing facilities or motorized recreational vehicles. Any park defined in the mobile home park act 1 or by the city of Spring Valley as a "mobile home park" is defined as a "manufactured home park".

MANUFACTURED HOME PARK SERVICE OR COMMUNITY BUILDING: A building housing the manager's office, recreation facilities, storage facilities, laundry facilities, maintenance equipment, toilet facilities for employees, emergency sanitary accommodations, and/or other facilities intended for the use of manufactured home park occupants.

MANUFACTURED HOME SPACE: A parcel of land designated for the exclusive use of the occupants of a single manufactured home.

MANUFACTURED HOME STAND: A part of a manufactured home space that has been reserved for the placement of the manufactured home, related structures, and/or additions.

MASSAGE THERAPIST: Any person who practices or administers therapeutic massage, and who has completed at least five hundred fifty (550) hours in a regular course of study of the underlying principles of anatomy and physiology as generally recognized by an approved school of massage.

MOBILE HOME: A factory built residential structure that is transportable on temporary or permanent wheels that was produced prior to the national manufactured housing construction and safety standards act, effective June 30, 1976, and contains toilet and bath or shower facilities. Any home defined as a "mobile home" in this title is included in the definition of "manufactured home". This definition does not include recreational vehicles, travel trailers, campers, or buses.

MODULAR HOME: A residential structure built in a factory up to local building code standards, that is then transported to the site and installed.

NONCONFORMING STRUCTURE: A building or structure or portion thereof that was lawfully established in accordance with zoning and other regulations at the time it was established but no longer complies with the standards of this title.

NONCONFORMING USE: A use that was lawfully established in accordance with zoning regulations at the time it was established, but no longer complies with the standards of this title.

ORNAMENTAL TREE: A tree less than thirty feet (30') tall at maturity that is planted for its aesthetic and/or screening value.

PANELIZED HOME: A residential structure partially built in a factory and then transported in sections, such as an entire wall with windows, doors, electrical wiring, and siding, and assembled on a site. Panelized homes must comply with local building codes.

PARTICULATE MATTER: Material other than water that is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid at outdoor ambient conditions.

PERMANENT FOUNDATION: A closed concrete or other masonry foundation that extends to a depth below the frost line and extends above the surface a sufficient height to safely support the weight (all lateral and vertical loads) of the structure. Loose blocks, loose brick or silt construction will not be considered a permanent foundation.

PERSON: An individual, firm, partnership, corporation, company or association.

PLAN COMMISSION: The plan commission of the city of Spring Valley.

PLANNED DEVELOPMENT: A development improved according to an overall unified plan that was approved according to the procedure in chapter 11 of this title.

PLOT: A map, drawing, or chart on which the subdivider's plans of the subdivision are presented, submitted for approval and intended to be recorded in final form.

PRECUT HOME: A residential structure constructed of building materials that are precut in a factory to design specifications, and then constructed on a site. Precut homes must comply with local building codes and may include "kit" type homes or log homes.

PROPERTY LINE, CORNER SIDE: The boundary of a corner lot that adjoins a public street, other than the front property line.

PROPERTY LINE, FRONT: The boundary of a lot that adjoins an existing or dedicated public street; or where no public street exists, is along a public way. On a corner lot, the front property line is the property line adjacent to the street that is substantially parallel to the facade with the primary building entrance.

PROPERTY LINE, REAR: The boundary of a lot that is most distant from and is, or is most nearly, parallel to the front property line; in the case of an irregular, triangular or gore shaped lot, a line ten feet (10') in length within the lot, parallel to and at the maximum distance from the front property line.

PROPERTY LINE, SIDE: A boundary of a lot that is not a front property line or a rear property line.

RECREATIONAL VEHICLE: Any boat, boat trailer, trailer, any camping trailer, travel trailer, pickup coach, motor home or other unit built or mounted on a vehicle or chassis, without permanent foundation, that may legally be driven or towed by a motor vehicle on a highway or street.

ROAD OR ROADWAY: The paved portion of the street right of way.

SCREENING: A structure erected or vegetation planted for concealing an area from view.

SETBACK: An area that must be maintained as open space between a building or structure and the property line.

SETBACK, CORNER SIDE: The setback required between a building and the corner side property line, extending from the required front setback to the required rear setback.

SETBACK, FRONT: The setback required between a building and the front property line, extending the full width of the lot between the side property lines.

SETBACK, REAR: The setback required between a building and the rear property line, extending the full width of the lot between the side property lines.

SETBACK, SIDE: The setback required between a building and the side property line, extending from the required front setback to the required rear setback.

SIGN: Any display, figure, painting, drawings, placard, poster or other device visible from a public way that is designed, intended or used to convey a message, advertise, inform or direct attention to a person, institution, organization, activity, place, object or product. It may be a structure or part thereof painted on or attached directly or indirectly on a structure. This definition does not include any flag, pennant or insignia of any nation, state, city or other political units, as well as any sign, board or surface used to display or announce official notice of such political units.

SIGN, ADVERTISING: A sign that generally advertises goods or services that are not available on the premises on which the sign is located.

SIGN, ANIMATED: A sign with action, motion or color changes requiring electrical energy, electronic or manufactured sources of supply, including wind activated elements, including video screens, and including intermittent or sudden changes in light intensity, but not including signs defined as changeable copy signs.

SIGN, BUSINESS: Any sign that directs attention to the name of the business establishment's goods or commodities sold or services rendered, on the lot on which the sign is located.

SIGN, CHANGEABLE COPY: A sign, such as an electronically or electrically controlled time, temperature and date sign, message center or reader board where different copy changes of a public service or commercial nature are shown on the same lamp bank.

SIGN, FREE SPEECH: A sign that contains a message related to a matter of public interest deemed by the person posting the sign, including, but not limited to, a candidate for office or a ballot issue, but containing no commercial message.

SIGN, INCIDENTAL: A sign, generally informational, that has a purpose secondary to the use of the zoning lot on which it is located, such as "no parking", "entrance", "loading only", "telephone", and similar information and directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located will be considered incidental.

SIGN, MARQUEE: A sign that is attached to the side or underside of a marquee or canopy that extends from a building and covers the walkway, which identifies the entrance to an establishment or its attraction.

SIGN, PORTABLE: A sign that is freestanding, self-supporting and is not attached to, supported by or part of a structure that is designed to be transported by means of wheels, skids or other similar device. "Portable signs" does not include "sandwich board signs".

SIGN, PROJECTING: A sign that is suspended from, attached to or supported by a building or structure extending away from the building or structure a distance of more than twelve inches (12").

SIGN, REAL ESTATE: Any sign which advertises or announces the sale, rental or lease of the premises upon which lot the sign is located.

SIGN, SANDWICH BOARD: A portable sign constructed to form an "A" or tentlike shape, hinged or not hinged at the top.

SIGN, TEMPORARY: A sign of any type to announce special events or sales or to announce the sale, lease or rental of property, and designed for use for a limited period of time.

SIGN, WALL OR PANEL: A sign integral with the exterior face of an exterior wall of a building, or attached to the wall or parallel with the wall and projecting not more than twelve inches (12") from the wall.

SIGN, WINDBLOWN: A sign consisting of balloons or objects designed and fashioned in such a manner as to move when subjected to wind pressure.

SIGN, WINDOW: A sign painted, attached or affixed to the interior or exterior surface of the windows or doors of a building.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and ceiling next above, including all levels with at least half of their height aboveground. A basement or below grade floor will be counted as a story when more than one-half (1/2) its floor to ceiling height is aboveground.

STREET: A public right of way that provides a primary means of access to abutting property.

   Frontage Road: A local street that is parallel and adjacent to arterial streets and expressways, and that provides access to abutting properties and protection to local traffic from fast, through-moving traffic on the arterial streets and expressways.

   Street, Arterial: A street designed to carry large traffic volumes between areas of the city, including Dakota Street, and Spalding Street.

   Street, Collector: A street designed to carry low to medium traffic volumes at lower speeds, including Greenwood Street, Richards Street, and St. Paul Street.

   Street, Local: A street intended primarily as access to abutting properties.

STRUCTURE: Anything erected, the use of which requires a more or less permanent location on the ground; or attached to something having a permanent location on the ground. A sign, billboard, or other advertising device detached or projecting will be construed to be a structure.

SUBDIVISION: The division of land into two (2) or more parts, for the immediate or future purpose of transfer of ownership or building development, including all public streets, alleys, ways for public service facilities, parks, playgrounds, school grounds or other public grounds, and all the tracts, parcels, lots, or blocks, and numbering all such lots, blocks or parcels by progressive numbers, giving their precise dimensions. The following will not be considered a subdivision and will be exempt from the requirements of this title:

   (A)   The division of land for agricultural purposes into parcels or tracts of five (5) acres or more in size that does not involve any new streets or easements of access;

   (B)   The redivision of land not involving more than three (3) lots and not requiring new streets to be dedicated;

   (C)   The sale or exchange of parcels of land between owners of adjoining and contiguous land;

   (D)   The conveyance of parcels of land or interests therein for use as right of way for railroads or other public utility facilities that does not involve any new streets or access easements;

   (E)   The conveyance of land owned by a railroad or other public utility that does not involve any new streets or access easements;

   (F)   The conveyance of land for highway or other public purposes; grants or conveyances relating to the dedication of land for public use; or instruments relating to the vacation of land for a public use;

   (G)   Conveyances made to correct descriptions in prior conveyances.

THERAPEUTIC MASSAGE: The practice of a profession, scientifically applied to the patient by the massage therapist by means of manual manipulation of the muscle tissue that affects all systems of the human body.

TOXIC SUBSTANCE: Material that is capable of causing injury to living organisms by chemical means when present in relatively small amounts.

TRANSITION YARD: An area that functions as a buffer between land uses and/or zoning districts that is landscaped and free of buildings or other site improvements.

USE: The purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained. Unless otherwise expressly indicated, the term "use" means "principal use".

USE, PERMITTED: A use that is allowed by right in the subject zoning district in accordance with all applicable regulations of this title.

USE, PRINCIPAL: The primary activity or combination of activities for which the land, buildings or structures on the lot are intended, designed or ordinarily used.

USE, SPECIAL: A use allowed in the subject zoning district only if reviewed and approved in accordance with the special use procedures of chapter 11 of this title and with all applicable regulations of this title.

YARD: An open space on a lot that is unoccupied and unobstructed from its lowest level to the sky, except as otherwise provided in this title.

ZONING ADMINISTRATOR: The officer or other designated authority charged with the administration and enforcement of this title.

(Ord. 1379, 6-9-2008; amd. Ord. 1578, 8-18-2014; Ord. 1772, 12-16-2019)