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Stickney City Zoning Code

SECTION 3

- RULES OF CONSTRUCTION AND DEFINITIONS

Section 3.01.- Rules of construction.

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

Words used in the present tense shall include the future.

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

The word "shall" is mandatory, and not discretionary.

The word "may" is permissive.

The word "lot" shall include the words "place" and "parcel."

The word "building" shall include all other structures and improvements of every kind regardless of similarity to buildings.

The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

The word "person" shall include a "firm, association, organization, partnership, trust, company, or corporation as well as an individual."

The masculine gender includes the feminine and neuter.

Section 3.02. - Definitions.

The following words and terms shall have the meaning set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meaning indicated by common dictionary definition.

Abutting. "Abutting" means having a common property line or district line.

Accessory building or use. An "accessory building or use" is one which:

(a)

Is subordinate to and serves a principal building or principal use;

(b)

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

(c)

Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served;

(d)

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

(e)

Is not higher than the principal building and in a residential district, is not more than 12 feet in height and occupies not more than 30 percent of the area of the lot on which the main building is located and not more than 30 percent of the rear yard of said lot.

Adult bookstore and/or video store. An "adult bookstore and/or video store" is an establishment having as a significant or substantial portion of its stock in trade books, magazines, periodicals, or other printed matter, and/or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas.

Adult business use. An "adult business use" is the use of property for the operation of which a significant or substantial portion involves an activity distinguished or characterized by its emphasis on matters depicting, describing, or relating to sexual activities or specified anatomical areas as they relate to sexual activities, including the operating of adult bookstore and/or video store, adult mini-motion picture theater, adult motion picture theater, adult motion picture arcade, and adult card, gift, and novelty store. For the purposes of this section, an adult business use shall not be deemed a retail business, service business, recreational, or social facility, accessory use, or general use.

Adult card, gift, or novelty store. An "adult card, gift, or novelty store" is an establishment having as a significant or substantial portion of its stock in trade items, such as cards, games, articles of clothing, and novelties which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult mini-motion picture theater. An "adult mini-motion picture theater" is an enclosed building or any portion or portions thereof having a capacity from six to 50 persons, where, for any form of consideration (including a coin or token inserted into a coin or token-operated projector, video screen, or other image producing device), patrons may view films, motion pictures, video cassettes, slides, or similar photographic electronic reproductions in which a significant or substantial portion of the total presentation time is devoted to the showing of materials that are distinguished by an emphasis on matters depicting, describing, or related to specified sexual activities or specified anatomical areas.

Adult motion picture arcade. An "adult motion picture arcade" is an establishment in which electronic, electrical, or mechanical still or slide projector(s), motion picture projector(s), video screen(s), closed circuit television transmissions(s) or other image-producing device(s) operable by insertion of a coin or token or for other consideration, are maintained for presentation of images to five or fewer persons at a single time per such device and where the images presented are distinguished or characterized by an emphasis on depicting or describing specific sexual activities or specified anatomical areas.

Airport. An "airport" is any area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces; the term airport includes the term landing strip.

Alley. An "alley" is a narrow thoroughfare generally in the middle of a block which normally affords a secondary means of access to the rear of the abutting property. Frontage on an alley shall not be construed as satisfying the requirements related to frontage on a dedicated street.

Alteration. "Alteration" shall mean any change in size, shape, character, occupancy or use of a building or structure.

Animal hospital. An "animal hospital" is a structure where animals or pets are given medical or surgical treatment. Use as a kennel, or for other boarding purposes, shall be limited to short time and fully enclosed boarding and shall only be incidental to such hospital use. Also a "veterinary clinic."

Apartment. An "apartment" is a household unit consisting of one or more rooms in a dwelling arranged, intended or designed as living quarters for an individual, group of individuals, or a family, including cooking facilities, in a building containing two or more such household units.

Apartment house. An "apartment house" is a building or portion thereof used or intended as living quarters, and containing two or more apartments, in contrast to attached row dwellings (party wall type) as defined herein.

Automobile laundry (car wash). An "automobile laundry" is a building or portion thereof containing facilities for washing more than two motor vehicles, using automatic production-line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water and equipment for the hand-washing of autos, whether by the customer or the operator.

Automobile service station. Any building or premises used for the dispensing, sale or offering for sale at retail to the public, automobile fuels; lubricating oil or grease for the operation of automobiles; and the sale and installation of tires, batteries, other minor accessories and minor auto repairs, but not including engine rebuilding or major reconditioning of worn or damaged motor vehicles, or trailers; overall body painting of vehicles, collision service including body frame straightening, automobile wrecking, automobile sales or automobile laundries; provided, however, that the washing of individual automobiles where no chain conveyor is employed may be included. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. "Automobile service station" shall not include the sale or storage of trucks, automobiles or other vehicles as defined herein, provided that vehicles used by employees of the automobile service station be parked on the premises while said employees are on the premises.

Automobile wrecking. The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

Awning. An "awning" is a roof-like cover, temporary in nature, which projects from the wall of a building and overhangs the public way.

Basement. A "basement" is that portion of a building having more than one-half of its height below lot grade.

Building. A "building" is a structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land, excluding fences.

Building, completely enclosed. A "completely enclosed building" is a building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Building, detached. A "detached building" is a building surrounded by an open space on the same lot.

Building height. The vertical distance measured from the sidewalk grade, as heretofore and hereafter fixed by ordinance, opposite the middle of the front of the building to the highest point of the roof for flat roofs; to the deck line for mansard roofs, and to the mean height level between the eaves for ridge, gable, hip or gambrel roofs. Where a building is located upon a terrace, the height may be measured from the average ground level of the terrace at the building wall. Where the sidewalk is not fixed by ordinance, the distance shall be measured from the curb height or its equivalent in front of the building, or if there is no established curb level, the height may be measured from the mean elevation of the finished lot grade at the front of the building.

Building, line. A line between which and any street line of a district, lot, tract or parcel of land, no buildings or parts of buildings may be erected, altered or maintained.

Building, principal. A "principal building" is a nonaccessory building in which a principal use of the lot on which it is located is conducted.

Bulk. "Bulk" is the term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and includes the following:

(a)

Size and height of buildings.

(b)

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

(c)

Gross floor area of buildings in relation to lot area (floor area ratio).

(d)

All open spaces allocated to buildings.

(e)

Amount of lot area provided per dwelling unit.

Bulk plant. A bulk storage plant shall mean any place where flammable liquids are received by tanker, barge, pipeline, tank car or tank vessel or truck and are stored or blended in bulk for the purpose of distributing such liquids by tank truck, pipeline, tank car, tank vessel or container.

Business. The word "business" or the word "commerce" when used in this ordinance means the engaging in the purchase, sale, barter or exchange or storage of goods, wares or merchandise; or the maintenance or operation of offices or recreational or amusement enterprises.

Capacity in persons. The "capacity in persons" of an establishment or use is the maximum number of persons that can avail themselves of the services (or goods) of such establishment, at any one time, with reasonable comfort.

Carport. A "carport" is an open-sided roofed automobile shelter, usually formed by extension of the roof from the side of a building.

Club, private. A "private club" is a nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof; the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable federal, state and village laws and ordinances.

Commercial vehicle. Any second division vehicle as defined in the Illinois Motor Vehicle Code [Illinois Vehicle Code, 625 ILCS 5/1-100 et seq.].

Conforming building or structure. A "conforming building or structure" is any building or structure which complies with all the regulations of this comprehensive amendment and of any amendment hereto governing land use in the zoning district in which such building or structure is located.

Day-care homes and nighttime homes for child's care. A place providing supervision, facilities and/or care during 30 or more days in any 12-month period for minor children not related to the persons providing such care.

Density, gross. "Gross density" is the numerical value obtained by dividing the total number of dwelling units in a development by the gross area of the tract of land (in acres) within a development. This would include all nonresidential land uses and private streets of the development as well as rights-of-way of dedicated streets; the result being the number of dwelling units per gross acre of land.

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

Depth of lot. The mean horizontal distance between the front and rear lot lines, or the distance between the midpoint of the front lot line and the midpoint of the rear lot line, whichever is shorter.

Detention. "Detention" is the temporary on-site restraining of stormwater.

District. A "district" is a portion of the territory of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this ordinance.

Drive-in establishment. A "drive-in establishment" is one which provides or is designed to provide, either wholly or in part, for parking of patrons' automobiles from which the occupants may watch, purchase, etc.

Dwelling. A "dwelling" is a building or portion thereof designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multiple-family dwellings, but not including mobile homes, hotels or motels.

Dwelling, detached. A "detached dwelling" is one which is entirely surrounded by open space on the same lot.

Dwelling, multiple-family. A "multiple-family dwelling" is a building, or portion thereof, containing two or more dwelling units.

Dwelling, semidetached. A dwelling unit joined to another dwelling unit by a party wall.

Dwelling, single-family. A detached dwelling containing accommodations for and occupied by one family only.

Dwelling, two-family. A building designed exclusively for occupancy by two families living independently of each other.

Educational institutions. An "educational institution" is a public, parochial, private or charitable, or nonprofit school, junior college, or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

Efficiency unit. An "efficiency unit" is a dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, providing such dining alcove does not exceed 125 square feet in area.

Eleemosynary institution. An "eleemosynary institution" is a building or group of buildings devoted to and supported by charity.

Establishment, business. A separate place of business having the following characteristics:

(a)

The ownership and management of all operations conducted within such establishment are separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lot.

(b)

Direct public access to such "business establishment" is separate and distinct from direct access to any other "business establishment."

Family. A "family" consists of one or more persons each related to the other by blood, marriage or adoption (including foster children), together with such relatives of the respective spouses who are living with the family in a single dwelling and maintaining a common household. A family may also be composed of not to exceed three persons not so related, provided that such unrelated persons live in a single dwelling and maintain a common household and a single housekeeping unit. A family includes any domestic servants and not more than one gratuitous guest residing with said family; such servants or guests shall be included in the unrelated persons attained by this definition, and shall not be in addition thereto.

Fence, general. A structure used to delineate a boundary or as a means of confinement or for confinement.

Fence, open. A fence having a regular pattern with more than 50 percent open throughout the length of the fence.

Fence, semi-open. A fence having a regular pattern of between ten and 50 percent open throughout the length of the fence.

Fence, solid. Any fence not meeting the definitions of fence, open, or fence, semi-open.

Floor area (for determining area ratio). For the purpose of determining the floor area ratio, the "floor area" of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The "floor area" of a building shall include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment open or enclosed, located on the roof) penthouses and attic space having headroom of seven feet, six inches or more, interior balconies and mezzanines, enclosed porches, floor area devoted to accessory uses and the basement floor area when more than one-half of the basement height is above the curb level or where curb level is not established, the finished lot grade area. However, any space devoted to off-street parking or loading shall not be included in "floor area." The "floor area" of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of height in feet, such that ten feet in height shall equal one floor.

Floor area ratio (F.A.R.). The "floor area ratio" of the building or buildings on any zoning lot is the floor area of the building or buildings on the zoning lot divided by the area of such zoning lot. The "floor area ratio" requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the net area of the zoning lot.

Frontage. "Frontage" is all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

Frontage, zoning lot. The "frontage of a zoning lot" is all the property of such zoning lot fronting on a street, and measured between side lot lines.

Garage, bus or truck. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding 1½-ton capacity.

Garage, private. A detached accessory building or portion of the main building, arranged, used, or intended to be used for the storage of passenger automobiles or commercial vehicles no larger than 1½-ton capacity of the occupants of the premises. In no event shall any private garage have a floor area in excess of 750 square feet or be larger than 35 feet in width or depth.

Garage public. A building other than a private garage, used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck trailers, and commercial vehicles exceeding 1½-ton capacity.

Grade. "Grade" is the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

Group home. A "group home" is a facility located in a residential community providing shelter and/or rehabilitation for less than ten children under the age of 18 years who, for various reasons, cannot reside in their natural home. Twenty-four-hour a day adult supervision is mandatory and professional consultation is available to both child care staff and children. Group care facilities should be allowed only when licensed by the appropriate state and/or local agency. Unless otherwise specified, a "group home" shall be considered as a "health medical and care institution."

Guest house. A "guest house" is a detached accessory building located on the same zoning lot as the principal building and containing living quarters for temporary guests; such quarters shall not be rented.

Guest, permanent. A "permanent guest" is a person who occupies or has the right to occupy a hotel or apartment hotel accommodation as his domicile and place of permanent residence.

Height of building. The vertical distance measured from the sidewalk grade, as heretofore and hereafter fixed by ordinance, opposite the middle of the front of the building to the highest point of the roof for flat roofs; to the deck line for mansard roofs and to the mean height level between eaves for ridge, for gable, hip or gambrel roofs. Where a building is located upon a terrace, the height may be measured from the average ground level of the terrace at the building wall.

Height of court or yard. The vertical distance from the lowest level of such court or yard to the highest point of any bounding wall.

Home occupation. Any occupation or activity carried on by a member of the immediate family residing on the premises in connection with which:

(a)

There shall be no signs other than one name plate, not exceeding one square foot in area, and which shall only include the name and address of the occupant.

(b)

There shall be no activity or display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.

(c)

No article can be sold or offered for sale except such as may be produced on the premises.

(d)

No person is employed other than a member of the immediate family residing in the dwelling unit.

(e)

No external alterations, permanent or temporary, will be permitted to the dwelling unit or accessory buildings that would change the character of the buildings.

(f)

All activities and all storage must be conducted within a structure.

(g)

No mechanical or electrical equipment is used except such as is permissible and customary for purely domestic or household purposes.

(h)

No more than 25 percent of any area of a dwelling unit shall be devoted to any home occupation.

Hospital or sanitarium. A "hospital or sanitarium" is an institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week, of three or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions. The term "hospital" as used in this ordinance does not apply to institutions operating primarily for treatment of insane persons, drug addicts, liquor addicts or other types of cases necessitating restraint of patients, and the term "hospital" shall not include convalescent, nursing, shelter or boardinghouses.

Hotel. A "hotel" is an establishment which is open to transient guests, in contradistinction to a boardinghouse, lodging house or apartment hotel, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture and bellboy service.

Incombustible. "Incombustible" implies materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite nor actively support combustion during an exposure for five minutes at a temperature of 1,200 degrees Fahrenheit shall be designated "incombustible."

Incompatible use. An "incompatible use" is a use or service which is incapable of direct association with certain other uses because it is contradictory, incongruous or discordant.

Inorganic material. An "inorganic material" is one made from substances composed of matter other than plant, animal or certain chemical compounds or carbon. Examples are metals and glass.

Junk vehicle. An automobile, truck or other motor vehicle which has been damaged to such an extent that it cannot be operated under its own power and will require major repairs before being made usable or such a vehicle which does not comply with state or village laws or ordinances. There shall be a rebuttable presumption that any motor vehicle which is not licensed is a junk vehicle.

Junkyard. A "junkyard" is an open area where junk, waste, scrap, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A "junkyard" includes automobile wrecking or salvage yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but does not include uses established entirely within enclosed buildings.

Kennel, commercial. A "commercial kennel" is any premises or portion thereof on which more than three dogs, cats or other domestic animals over six months in age are kept, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale, providing that less than four small caged animals and fish kept in any dwelling shall not be counted as domestic animals as the term is used herein.

Kennel, noncommercial. Any lot or premises or portion thereof on which less than four dogs and/or cats, or other household domestic animals, or any combination thereof over four months of age, are kept or on which more than two such animals are boarded for compensation or kept for sale, providing that less than four small caged animals and fish kept in any dwelling shall not be counted as domestic animals as the term is used herein.

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

Lake. A "lake" is any natural or man-made body of water surrounded by land.

Landfill, dump. A "dump landfill" is the uncontrolled depositing of refuse on a site without adequate control of the operation.

Landfill, sanitary. A "sanitary landfill" is a site for waste disposal using sanitary land filling techniques.

Landfill, solid waste. A "solid waste landfill" is the depositing of strictly inorganic nonputrescible materials and earth on a site that is below the normal elevation of adjacent lands for the purpose of bringing said site up to the average grade of adjacent parcels. This operation may be run as a business or may be noncommercial in nature. This type of landfill does not include normal "grading" of land prior to development.

Loading and unloading space, off-street. An open, hard-surfaced area of land, other than a street or public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors and trailers, to avoid undue interference with the public use of the streets and alleys. Such space shall be not less than 12 feet in width, 50 feet in length and 14 feet in height, exclusive of access aisles and maneuvering space.

Lodge. A "lodge" is a hall or meeting place of a local branch or the members composing a branch of a fraternal order or society, such as the Masons, Knights of Columbus, Moose, American Legion and other similar organizations. It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable federal, state and village laws and ordinances.

Lodging room. A "lodging room" is a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one "lodging room" for the purpose of this comprehensive amendment.

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

Lot, corner. A "corner" lot is a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.

Lot line, front. The front property line of a zoning lot.

Lot line, interior. A side lot line common with another lot.

Lot line, rear. The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines.

Lot lines. The lines bounding a lot as defined herein.

Lot of record. A lot which is a part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds of Cook County, pursuant to statute.

Lot width. The "lot width" is the mean horizontal distance between the side lot lines of a lot, measured within the lot boundary, or the distance between the mid-point of each of the side yard lines, whichever is shorter.

Lot, zoning. A "lot" is a zoning lot, except as the context shall indicate a lot of record, in which case a "lot" is a lot of record. A "zoning lot" is a single tract of land located within a single block which is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a "zoning lot" may or may not coincide with a lot of record.

Marquee or canopy. A "marquee or canopy" is a roof-like structure of a permanent nature which projects from the wall of a building and overhangs the public way.

Mobile home. A "mobile home" is a structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent home and designed to permit the occupancy thereof as a dwelling place for one or more persons. Even if such structure rests on a permanent foundation, with wheels, tongue, hitch and axle or lug bolts permanently removed, it shall be construed as a mobile home. A mobile home may be with or without mechanical power.

Mobile home park. A "mobile home park" is an area of land or lands upon which three or more independent mobile homes are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park. A mobile home park shall not include a sales lot or unoccupied mobile homes for the purpose of inspection and sale.

Motel. A "motel" is an establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourists. A "motel" furnishes customary hotel services such as maid service and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture. In a "motel" less than 20 percent of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists.

Motor vehicle. A "motor vehicle" is any passenger vehicle, motorcycle, recreational vehicle, truck, truck-trailer or semitrailer propelled or drawn by mechanical power.

Nameplate. A "nameplate" is a sign indicating the name and address of a building; or the name of an occupant thereof and the practice of a permitted occupation therein.

Nonconforming building or structure. A "nonconforming building or structure" is any building or structure or portion thereof lawfully existing at the time of adoption of this ordinance, or amendment thereto, which does not comply with all of the regulations of this ordinance, or of any amendment hereto, governing bulk for the zoning district in which such building or structure is located.

Nonconforming lot. A "nonconforming lot" is a "lot of record" which when recorded met the minimum lot area and other dimension requirements of the zoning ordinance of the village or which when recorded was not governed by any zoning ordinance, but through subsequent amendments to such ordinances or other acts of a public body is in conflict with the minimum lot area and other dimension requirements of the ordinances.

Nonconforming use. A "nonconforming use" is any use of land, buildings or structures which use is not permitted in the zoning district in which such use is located.

Noxious matter or materials. "Noxious matter" is matter which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.

Nursery school. An organization or establishment that provides instruction to children under five years of age.

Nursing home or rest home. A "nursing home" is a home for the aged, chronically ill, care of children, infirm or incurable persons, or a place of rest for those suffering bodily disorders in which three or more persons, not members of the immediate family residing on the premises, are received, kept or provided with food and shelter or care, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.

Odorous matter. "Odorous matter" is any matter or material that yields an odor which is offensive in any way.

Parking area, private. An open, hard-surfaced area, other than a street or alley, used for the parking of private passenger automobiles only of occupants of the building or buildings for which the parking area is developed and is accessory; provided, however, that such open, hard-surfaced area may also be used by any such occupant for the parking of one commercial vehicle being of a Class B size or smaller (as defined in the Illinois Motor Vehicle Code [Illinois Vehicle Code, 625 ILCS 5/1-100 et seq.]) which is not a dump truck or tow truck and which does not exceed 18 feet in length or seven feet in height or one recreational vehicle which does not exceed 22 feet in length or seven feet in height and provided further that no such commercial vehicle or recreational vehicle shall be parked within 16 feet of the front lot line or within five feet of the rear lot line.

Parking area, public. An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under 1½-ton capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

Parking space, automobile. Space within a public or private parking area of not less than 180 square feet (nine feet by 20 feet) exclusive of access drives or aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under 1½-ton capacity.

Performance standard. A "performance standard" is a criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by, or inherent in, uses of land or buildings.

Porch. A roofed-over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part.

Private garage. A garage with a capacity of not more than three motor-driven vehicles, not used for business purposes.

Racino entertainment complex. A "racino entertainment complex" is a complex or grounds that contains horse racing facilities (as such term is defined in the Illinois Horse Racing Act of 1975, 230 ILCS 5/1 et seq.), organization gaming facilities (as such term is defined in the Illinois Horse Racing Act of 1975, 230 ILCS 5/1 et seq. and the Illinois Gaming Act, 235 ILCS 10/1 et seq.), gaming facilities (as such term is defined in the Sports Wagering Act, 230 ILCS 45/1 et seq.), hotel, multi-purpose entertainment venue, parking garage and additional off-street parking facilities, restaurants (including drive-thru and take-out facilities), catering establishments, bars, taverns, cocktail lounges, barns, residences, valet facility, other accessory uses as approved by special use, or any combination thereof.

Railroad right-of-way. A "railroad right-of-way" is a strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

Recording (of a document). "Recording" shall mean to officially record a document in the office of the Cook County Recorder or to register a document (in Torrens) with the Cook County Registrar.

Recreation club. A "recreational club" is a nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires or leases land or buildings or portion thereof; the use of such premises being restricted primarily to the principal use; which is a generally recognized sport or recreational activity. The premises shall be restricted to members and their guests. The affairs and management of such "recreational club" are conducted by a board of directors, executive committee, or similar body chosen by the members. It shall be permissible to serve food and meals on such premises, provided adequate dining room space and kitchen facilities are available.

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

Recreational vehicle. Any camping trailer, motor home, mini motor home, travel trailer, truck camper or van camper, as defined in the Illinois Motor Vehicle Code, [Illinois Vehicle Code, 625 ILCS 5/1-169] and any boat, including the trailer upon which such boat is mounted or transported.

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

Retention. "Retention" is the permanent on-site maintenance of stormwater.

Sanitary land-filling. "Sanitary land-filling" is an engineered method of solid waste disposal where the waste is spread in thin layers, compacted to the smallest practical volume and covered with earth and/or sod at the end of each working day, or more frequently as conditions warrant.

School. A public or private institution which offers instructions in any of the branches of learning and study comparable to that taught in the public schools under the Illinois School Code, including pre-kindergarten, kindergarten, elementary school, and junior and senior high schools, but excluding trade, business or commercial schools.

Setback. The minimum horizontal distance between the street wall of a building and the street property line.

Sewage treatment plant. A "sewage treatment plant" includes any method, construction, device or appliance appurtenant thereto, used for the purpose of treating, neutralizing, stabilizing, disinfecting or disposing of sewage; industrial waste or other wastes, or for the recovery of by-products from such sewage, industrial wastes or other wastes.

Sign. A "sign" is a name, identification, description, display, or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization, or business.

Sign, advertising. An "advertising sign" is a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.

Sign, business. A "business sign" is a sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.

Sign, flashing. A "flashing sign" is an illuminated or indirectly illuminated sign where the source of illumination is not maintained constant or stationary in intensity or color at all times, when such sign is in use. For the purposes of this ordinance, a revolving sign, or any advertising device which attracts attention by moving parts operated by mechanical equipment or movement caused by natural sources, whether illuminated, indirectly illuminated or not, shall be considered a flashing sign.

Sign, gross area of. The "gross area" of a sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.

Sign, illuminated. An "illuminated sign" is a sign where the source of illumination of such sign is a fundamental part of the sign.

Similar use. A "similar use" is a property, use or service possessing physical and/or activity characteristics which resemble certain other uses.

Special use. A "special use" of land or buildings, or both, described and permitted herein, is a use subject to special provisions and which because of its unique character can only be properly permitted in any particular district upon consideration of the impact of each case on the neighboring property, and the public need for the use of a particular location.

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

Story, half. A half-story is that portion of a building under a gable, hip, or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4½ feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three stories in height, a half-story in a sloping roof shall not be counted as a story for the purpose of this ordinance. In the case of multiple-family dwellings three or more stories in height, a half-story shall be counted as a story.

Street. A "street" is a public or private right-of-way which affords a primary means of access to abutting property, but excepting driveways to buildings.

Structural alterations. Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, excepting such alterations as may be required for the safety of the building.

Terrace, open, and patio. A level plane or platform which, for the purpose of this ordinance, is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet in height above the average level of the adjoining ground.

Trailer. A vehicle without motive power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, which does not meet building code requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "trailer" shall include "camp car" and "house car." A permanent foundation shall not change its character unless the entire structure is erected in accordance with the village building code.

Use. The "use" of property is the purpose or activity for which the land, or building thereon, is designed, arranged, or intended, and/or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this ordinance.

Use, permitted. A "permitted use" is a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (if any) of such district.

Use, principal. A "principal use" is the main use of land or buildings as distinguished from a subordinated or accessory use. A "principal use" may be either "permitted" or "special."

Use, special. A "special use" of land or buildings, or both, described and permitted herein, is a use subject to special provisions and which because of unique characteristics cannot be properly classified as a permitted use.

Used car lot. A zoning lot on which used or new cars, trailers or trucks are displayed for sale or trade.

Variance. A "variance" is a relaxation of the terms of the zoning ordinance where such variances will not be contrary to the public interest and where, due to conditions peculiar to the property a literal enforcement of the ordinance would result in unnecessary hardship.

Warehouse. A "warehouse" is a structure, part thereof, or area used principally for the storage of goods and merchandise.

Wholesale establishment. A "wholesale establishment" is a business establishment engaged in selling to retailers or jobbers rather than consumers.

Yard, corner side. A "corner side yard" is a side yard which faces a public street.

Yard, front. A yard extending across the full width of the zoning lot in accordance with the setback requirements of this ordinance (see definition of "setback"). Corner lots—See definition for "street wall."

Yard, rear. An open space unoccupied except for accessory buildings on the same lot with a building between the rear end of the building and the rear line of the lot for the full width of the lot.

Yard, side. A yard which is bound by the interior side lot line, side yard line, the front building line and rear yard line.

Yard line, front. See "building line."

Yard line, rear. The boundary of the rear yard which is parallel to the rear lot line or lines.

Yard lines, side. A line in a lot which is parallel to the side lot line and which is not nearer to the side lot line at any point than the required side yard depth.

Yard lines, side adjoining a street. A line in a lot which is parallel to the lot line adjoining a street and which is not nearer to the lot line adjoining the street at any point than the depth of a front yard for that lot, unless otherwise permitted in this or other ordinances.

Zoning administrator. The "zoning administrator" is a person appointed by the president of the board of trustees, who is vested with administrative responsibilities regarding this ordinance.

(Ord. No. 87-7, §§ 2, 3, 12-1-1987; Ord. No. 88-2, §§ 2, 3, 6-6-1988; Ord. No. 92-2, § 1, 3-18-1992; Ord. No. 92-5, § 2, 6-2-1992; Ord. No. 2016-13, Art. II, § 4.0; Ord. No. 2020-11, § 3, 6-30-2020)