As used in this Zoning Code, the following rules of construction shall be observed and applied:

(a)

The present tense includes the future and the future the present; the singular number includes the plural and the plural the singular; the word "shall" is mandatory and the word "may" is permissive.

(b)

The provisions under each caption or heading in this Zoning Code shall be construed and limited in a manner consistent with the applicable captions or headings and subheadings.

(c)

All measured distances shall be to the nearest integral foot. If a fraction is one-half (½) or less, the integral foot next below shall be taken.
(Ord. 115. Passed 10-23-70.)

As used in this Zoning Code, the following words and terms shall have the meaning set forth after each, except where specifically indicated in other sections of this Zoning Code.

(1)

"Accessory structure" means a subordinate structure or a portion of a principal building the use of which is incidental to that of the principal building or use and which is located on the same lot as the principal building or use.

(2)

"Accessory use" means one (1) which is incidental to the dominant use of the structure or land and which is located on the same lot as the principal structure or use, except where required off-street parking is specifically permitted to locate elsewhere.

(3)

"Adjoining" means touching or contiguous.

(4)

"Agriculture" means farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry and accessory uses customarily incidental to normal agricultural activities.

(5)

"Air rights" means the ownership of defined air space above a given horizontal plane over the ground surface of land utilized for railroad or expressway purposes.

(6)

"Alley" means a public right-of-way, other than a street, with a width of not less than ten (10) feet nor more than twenty (20) feet which affords a secondary means of vehicular access to adjoining properties.

(7)

"Alteration" means a change in size, shape, occupancy or use of a structure, see "structural alteration."

(8)

"Animal hospital" means a building or portion thereof designed or used for the care, observation or treatment of domestic animals.

(8.5)

"Approved" means as approved by the President and Board of Trustees of the Village.

(9)

"Automobile" means a motor vehicle used for conveyance of persons, see "motor vehicle.

(10)

"Automobile laundry" means a building or portion thereof, or premises, containing facilities for the washing of motor vehicles, using automatic production line methods or automated moving machinery.

(11)

"Automobile service station" means a building or portion thereof used for the storage and sale at retail to the public of petroleum fuels, lubricating oil, grease, tires, batteries and accessories for motor vehicles where repair and other service is incidental.

(12)

"Awning", see "marquee."

(13)

"Basement" means floor space in a building having part but not more than one-half of its ceiling height below grade. When a basement is used for storage, as a garage for use of occupants of the building or other facilities common to the rest of the building it shall not be counted as a story.

(14)

"Bedroom" means a room in a dwelling unit containing not less than seventy (70) square feet of floor area, except kitchens, bathrooms, dining and living rooms.

(15)

"Block" means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way or other lines of demarcation. A block may be located in part beyond the corporate limits of the Village.

(16)

"Board of Trustees" means the Board of Trustees of the Village.

(17)

"Boarding house", see "lodging house."

(18)

"Buildable area" means, for the purpose of measuring lot width and the location of accessory structures as required in Section 1232-05(c), the thirty (30) feet of lot depth immediately in back of the front yard.

(19)

"Building" means a covered structure, designed or built for the enclosure, shelter or protection of persons, animals, chattels or personal property of any kind, and which is permanently affixed to the land. When any portion thereof is completely separated from every other portion by a party wall then such portion shall be deemed to be a separate building.

(20)

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

(21)

"Building, detached" means a building surrounded by open space on the same lot.

(22)

"Building height", see "height, building."

(23)

[Repealed.]

Editor's note— Subsection (23) was repealed by Ordinance 477, passed January 27, 1981.

(24)

"Building, principal", see "principal building."

(25)

"Building, temporary" means a building not designed to be permanently located at the place where it is, or where it is intended to be, temporarily erected, placed or affixed.

(26)

"Bulk" means the term used to indicate the size and setbacks of buildings 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;

(c)

Floor area ratio;

(d)

Usable open space; and

(e)

Lot area and width.

(27)

"Bulk storage" means floor area devoted to the storage of merchandise, materials and other nonautomobile traffic-generating uses.

(28)

"Business" means an occupation, employment or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered for compensation.

(29)

"Business establishment" means a place of business carrying on an operation, the ownership or management of which is separate and distinct from those of any other place of business located on the same or another lot.

(30)

"Canopy", see "marquee."

(31)

"Capacity in persons" means the maximum number of persons that can avail themselves of services or goods of an establishment or use at any one (1) time, with reasonable comfort and safety.

(32)

"Ceiling height" means the clear vertical distance from the finished floor to the finished ceiling.

(33)

"Cellar" means an area of a building having more than one-half of its ceiling height below grade and which is not counted as a story.

(34)

"Clinic, medical or dental" means a building or portion thereof, the principal use of which is for offices of physicians or dentists or both, for the examination and treatment of persons on an outpatient basis.

(35)

"Closed cup flash point" means the lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will propagate a flame. The Tag closed cup tester shall be authoritative for liquids, having a flash point below one hundred seventy-five (175) degrees Fahrenheit. The Pensky—Martens tester shall be authoritative for liquids having a flash point between one hundred seventy-five (175) and three hundred (300) degrees Fahrenheit.

(36)

"Club" means a private nonprofit association, organized and operated by persons who are bona fide members paying dues, which owns, hires or leases premises, the use of which is restricted to such members and their guests.

(37)

"Compatible groupings of business and commercial establishments" means those establishments:

(a)

Which induce an interchange of customers with other business establishments in the district; and

(b)

Which will not create any of the following:

1.

Economic "dead spots" where a shopper loses interest in proceeding further;

2.

Curbs and sidewalk breaks which are wider than necessary to afford vehicular access;

3.

Traffic hazards, noise, odors, unsightliness or other pedestrian inhibiting qualities; or

4.

Heavily increased nonshopper traffic.

The presence or absence of competition between a particular establishment and surrounding establishments shall not be considered a factor in determining compatibility.

(38)

"Comprehensive Plan" means the official Comprehensive Plan of the Village.

(39)

"Conforming structure" means one which:

(a)

Complies with the regulations of this Zoning Code or any amendment thereto governing bulk of the district in which such structure is located; or

(b)

Is all or substantially designed and intended for a use which is allowed in the district in which it is located.

(40)

"Continuous vibration" means earthborne vibration pulses that are continuous or occur at least once per second.

(41)

"Court" means an open unoccupied space, other than a yard, on the same lot with one (1) or more buildings and which is bounded on two (2) or more sides by such buildings.

(42)

"Convalescent home", see "nursing home."

(43)

"Decibel" means a unit of measurement of the intensity or loudness of sound. Sound level meters employed to measure the intensity of sound are calibrated in decibels. A decibel is technically defined as twenty (20) times the logarithm to the base ten (10) of the ratio of the sound pressure in microbars to a reference pressure of 0.0002 microbar.

(44)

"Density, gross", see "gross density."

(44.5)

"Developmentally disabled person" means a person suffering from a developmentally disabling disease including, but not limited to, mental retardation, epilepsy, autism, cerebral palsy or dyslexia.

(45)

"Displacement" means the amplitude or intensity of an earthborne vibration measured in inches. The displacement or amplitude is one-half the total earth movement.

(46)

"District" means a portion of the Village within which, on a uniform basis, certain uses of land and buildings are permitted and certain other uses of land and buildings are prohibited as set forth in this Zoning Code, or within which certain yards and other open space are required, or within which certain lot areas, dwelling sizes and density requirements are established, or within which a combination of such regulations are applied.

(47)

"Double frontage lots", see "lot, double frontage."

(48)

"Drive-in establishment" means a business in which facilities for dispensing services or consuming commodities, or both, are provided and intended to occur primarily in patrons' automobiles parked on the premises.

(49)

"Dwelling" means a building or portion thereof designed or used exclusively for residential purposes including single-family and multiple-family dwellings, but not including trailers or lodging rooms.

(50)

"Dwelling, attached" means a dwelling joined to two (2) other dwellings by party walls.

(51)

"Dwelling, detached" means a dwelling unit in a detached building.

(52)

"Dwelling, multiple-family" means a building designed for or intended to be used as residences for two (2) or more families.

(53)

"Dwelling, semidetached" means a dwelling joined to one (1) other dwelling by a party wall.

(54)

"Dwelling, single-family" means a building containing one (1) dwelling unit.

(55)

"Dwelling units" means at least thee (3) separate, permanently established rooms within a building which are arranged so as to provide complete, independent living facilities for one (1) or more persons and otherwise complying with the habitable space requirements of the B.O.C.A. National Building Code, as amended from time to time. A dwelling unit shall have permanent provisions for living, sleeping, eating, cooking and sanitation, and shall be designed, constructed, arranged and used so that no two (2) of the following functions of living must be performed in the same room:

(i)

Function 1: Food preparation, including cooking, food storage, and utensil cleaning.

(ii)

Function 2: Living, including lounging and sleeping.

(iii)

Function 3: Personal hygiene, including bathing, showering and water closet.

(56)

"Dwelling unit, efficiency" means a multiple-family dwelling which includes a living room but not a separate bedroom.

(57)

"Earthborne vibrations" mean the cyclic movement of the earth due to the propagation of mechanical energy.

(58)

"Electric distribution center" means a terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.

(59)

"Electric substation" means a terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system.

(60)

"Erect" means to construct or reconstruct or excavate, fill, drain or conduct physical operations of any kind in preparation for or in pursuance of construction or reconstruction, or to move a structure upon a lot.

(61)

"Equivalent opacity" means the optical density of a smoke, other than black or gray, that corresponds most closely to the Ringelmann Chart smoke density.

(62)

"Establishment, business", see "business establishment."

(63)

"Fall-out shelter" means an accessory structure which incorporates the fundamentals for fall-out protection - shielding mass, ventilation and space to live, and which is constructed of such materials and in such a manner as to afford the occupants substantial protection from radioactive fall-out.

(64)

"Family" means either:

(a)

One (1) person or more, if related by blood, marriage or legal adoption, living together as a single housekeeping unit in a dwelling unit; or

(b)

A group of not more than three (3) individuals not so related, maintaining a common household in a dwelling unit.

A family as defined in paragraph (a) hereof may include, in addition thereto, not more than two (2) roomers, boarders or permanent guests, whether or not gratuitous.

(64.5)

"Family care home for the developmentally disabled" means a dwelling for five (5) or fewer developmentally disabled persons, plus required staff, in which the program's size and content are structured to meet the individual social, habilitative and respite needs of the persons residing therein, in a residential community setting. Prior to admitting residents, such a dwelling shall comply with the applicable licensing standards of appropriate Federal, State or local agencies and may, in addition, house such staff persons as may be required to meet the standards of the licensing agencies.

(65)

[Repealed.]

Editor's note— This subsection was repealed by Ordinance 516, passed January 12, 1982.

(66)

[Repealed.]

Editor's note— This subsection was repealed by Ordinance 516, passed January 12, 1982.

(67)

[Repealed.]

Editor's note— This subsection was repealed by Ordinance 516, passed January 12, 1982.

(68)

"Floor area" means the net floor area within the enclosing walls of the room in which the ceiling height is not less than five (5) feet, excluding built-in equipment such as wardrobes, cabinets and fixtures.

(69)

"Floor area for determining floor area ratio" means the sum of the gross horizontal area of the several stories of the building including the basement, if any, measured from the exterior faces of the exterior walls, or from the centerlines of party walls. The floor area shall also include the horizontal areas on each story devoted to:

(a)

Elevator shafts and stairwells;

(b)

Mechanical equipment, except if located on the roof, when either open or enclosed (i. e., bulkheads, water tanks and cooling towers);

(c)

Habitable attic space;

(d)

Interior balconies and mezzanines;

(e)

Enclosed porches; and

(f)

Accessory uses.

The horizontal area in each floor of a building devoted to off-street parking and loading facilities and the horizontal area of a cellar floor shall not be included in the floor area.

(70)

"Floor area for determining off-street parking and loading requirements" means the sum of the gross horizontal area of the several stories of the building measured from the faces of interior walls, excluding areas used for accessory off-street parking and loading facilities, including aisles, ramps and maneuvering space, bulk storage and the horizontal areas of basement and cellar floors that are devoted exclusively to uses accessory to the operation of the building.

(71)

"Floor area ratio" means the numerical value obtained by dividing the aggregate floor area within a building on a lot by the area of such lot. The floor area ratio as designated for each district, when multiplied by the lot area in square feet, shall determine the maximum permissible square footage of floor area for the building.

(72)

"Floor area, usable" means the sum of the net horizontal area of all floors within outside walls of a residential building exclusive of areas in cellars, basements, unfinished attics, garages, open porches, other unheated areas, and accessory structures, but including any area that is roughed in but not completed which is designed and intended for human occupancy.

(73)

"Foot-candle" means a unit of illumination, equivalent to the illumination to all points which are one (1) foot distant from a uniform point source of one (1) candle power.

(74)

"Free burning" means the rate of combustion of a material which burns actively and easily supports combustion; examples - lumber, flammable plastics and sawdust.

(75)

"Frequency" means the number of oscillations per second in a sound or vibration wave.

(76)

"Garage, private" means an accessory building designed and used primarily for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory and in which no occupation or business for profit is carried on. Not more than one (1) of the motor vehicles may be a commercial vehicle of more than one and one-half ton capacity.

(77)

"Garage, public" means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing or repairing motor vehicles. Hiring, selling and storing of motor vehicles may be included.

(78)

"Garage, storage" means a building or portion thereof designed or used exclusively for storage of motor vehicles, and in which fuels and oils are not sold, motor vehicles are not equipped, repaired, hired or sold.

(79)

"Gas, filling or service station", see "automobile service station."

(80)

"Glare" means excessive illumination.

(81)

"Grade" means the established grade of the street or sidewalk as prescribed by the Village Engineer. Where no such grade has been established, the grade shall be the elevation of the sidewalk at the property line. Where no sidewalks exist, the grade shall be the average elevation of the street curb adjacent to the property line.

(82)

"Gross density" means the ratio between total number of dwelling units on a lot and the land area, including interior streets and to the centerlines of peripheral streets and common use areas.

(83)

"Gross land area" means the area in a subdivision or planned development including local streets, school and park sites, one-half of the right-of-way width of perimeter streets, if any, not to exceed fifty (50) feet.

(83.5)

"Group care home for the developmentally disabled, six (6) to ten (10) residents" means a dwelling for six (6) to ten (10) developmentally disabled persons, in which the program's size and content are structured to meet the individual social, habilitative and respite needs of the persons residing therein, in a residential community setting. Prior to admitting residents, such a dwelling shall comply with the applicable licensing standards of appropriate Federal, State or local agencies and may, in addition, house such staff persons as may be required to meet the standards of the licensing agencies.

(84)

"Guests, permanent" means persons who occupy or have the right to occupy a lodging house or hotel accommodation of his place of permanent domicile.

(85)

"Height, building" means the height of a building as measured from an elevation determined by averaging the elevations of all corners in the perimeter wall of the structure to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the mean height level between eaves and the ridge for gable, hip or gambrel roofs.

(86)

"Home occupation" means a gainful business, occupation or profession conducted within a dwelling unit and which is incidental and secondary to the dwelling, see Section 1236-01.

(87)

"Hospital, animal", see "animal hospital."

(88)

"Hotel" means an establishment sometimes designated as a motel, motor inn or highway hotel containing lodging rooms for occupancy by transient guests in contradistinction to a lodging house, boarding house or a rooming house, and which provides customary services such as maid, telephone, secretarial, bellboy and desk services, and the use and upkeep of furnishings and facilities, and the laundry of linens.

(89)

"Hotel, apartment" means a combined hotel and multiple-family dwelling where more than fifty (50) percent of the accommodations are in dwelling units occupied or intended for occupancy by permanent guests securing such accommodations by prearrangement for a continuous period of thirty (30) days or more.

(90)

"Impact noise" means a short-duration sound such as from a drop hammer. Impact noises are measured with an impact noise analyzer.

(91)

"Impulsive vibration" means discrete vibration pulsations occurring not more than one (1) per second.

(92)

"Incombustible" means a material which will not ignite or actively support combustion during an exposure for five (5) minutes to a temperature of 1,200 degrees Fahrenheit.

(93)

"Institution" means a building occupied by a nonprofit corporation wholly public or semipublic use.

(94)

"Intense burning" means the rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly; examples - pyroxylin, magnesium (powder, flaked or strips) and rocket fuels

(95)

"Junk yard" means an open area of land and any accessory structure thereon which are used primarily for buying, selling, exchanging, storing, baling, packing, disassembling or handling waste or scrap materials, including vehicles, machinery and equipment not in operable condition or parts thereof, and other metals, paper, rags, rubber tires and bottles, but not including such operations conducted within completely enclosed buildings.

(96)

"Laboratory", see "research laboratory."

(97)

"Laundry, automobile", see "automobile laundry."

(98)

"Launderette" means a business that provides coin-operated self-service type washing, drying, dry-cleaning and ironing facilities, providing that:

(a)

Not more than four (4) persons, including owners, are employed on the premises at one (1) time; and

(b)

No pick-up or delivery service is maintained.

(99)

"Loading berth" means a space within the principal building or on the same lot as the principal building providing for the standing, loading or unloading of trucks and with access to a street or alley.

(100)

"Lodge", see "club."

(101)

"Lodging house" means a building or portion thereof originally designed for and used as a single or two-family dwelling, all or a portion of which contains lodging rooms which accommodate persons who are not members of the keeper's family (as defined above) and who are provided with lodging in return for compensation to the keeper.

(102)

"Lodging room" means a room or suite of rooms rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, each room which provides sleeping accommodations shall be counted as one (1) lodging room.

(103)

"Lot" means a parcel of land legally described and subdivided as a single lot, occupied by or intended for occupancy by one (1) principal building together with its accessory structures and uses, including the yards required by this Zoning Code and having a frontage on a public street, except that a planned development may have two (2) or more principal buildings which need not front on a public street.

(104)

"Lot area" means the area of a horizontal plane bounded by all lot lines.

(105)

"Lot, corner" means a lot located at the intersection of two (2) streets the interior angle of which does not exceed one hundred thirty-five (135) degrees.

(106)

"Lot coverage" means the part or percent of the lot occupied by buildings, including accessory structures.

(107)

"Lot depth" means the mean horizonal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.

(108)

"Lot, double-frontage" means a lot having a pair of opposite lot lines along two (2) more or less parallel streets, and which is not a corner lot, also known as a "through lot."

(109)

"Lot, interior" means a lot other than a corner lot.

(110)

"Lot lines" means the property lines bounding a lot.

(111)

"Lot line, front" means that boundary of a lot which adjoins a street line. On a corner lot it shall be the lot line having the shortest dimension adjoining a street.

(112)

"Lot line, interior" means a lot line which does not abut a street.

(113)

"Lot line, rear" means that boundary of a lot which is most distant from and is, or almost nearly, parallel to the front lot line and in the case of an irregular, triangular or gore-shaped lot, a line ten (10) feet long with the lot, parallel to and at maximum distance from the front lot line.

(114)

"Lot line, side" means an interior lot line which is not a front or rear lot line.

(115)

"Lot of record" means a lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of Will County, Illinois, or a parcel of land, the deed of which was recorded in the office of the Recorder prior to the effective date of this subsection (Ordinance 115, passed October 23, 1970).

(116)

"Lot, reversed corner" means a corner lot the rear lot line of which adjoins upon the side lot line of another lot whether across an alley or not.

(117)

"Lot, through", see "lot, double frontage."

(118)

"Lot width" means the minimum horizontal distance between the side lot lines of a lot measured at the narrowest width within the area between the front yard line and a parallel line thirty (30) feet immediately to the rear thereof.

(119)

"Marquee" means a permanent roof-like structure, movable or stationary, which projects from the wall of a building to afford shelter over a platform, stoop or sidewalk from the elements, and also includes a "canopy" and "awning."

(120)

"Mobile home" means a dwelling unit so designed and constructed as to allow for its transportation on wheels, temporarily or permanently attached to its frame, from the place of construction to the location or subsequent location at which it is intended to be a permanent dwelling.

(120.3)

"Mobile home lot" or "mobile home site" means a parcel of land legally described as a single lot, occupied or intended to be occupied by a mobile home, together with its accessory structures and uses, including the yards required by this Zoning Code, and having frontage on a street.

(120.6)

"Mobile home park" means an area containing one (1) or more mobile homes, together with accessory structures and uses, which has been approved as a mobile home park by the President and Board of Trustees.

(120.9)

"Mobile home stand" means that part of an individual mobile home lot reserved for the placement of a mobile home.

(121)

"Moderate burning" implies a rate of combustion described by a material which supports combustion and is consumed slowly as it burns, such as wood.

(122)

"Motel", see "hotel."

(123)

"Motor freight terminal" means a structure and area in which freight brought by motor truck is assembled or stored for routing in state and interstate shipment by motor truck.

(124)

"Motor vehicle" means a passenger vehicle, motorcycle, motor truck, trucktrailer, trailer or semitrailer which is propelled or drawn by mechanical power.

(125)

"No-access strip" means a strip of land within and along a rear lot line of a double frontage lot adjoining a street which is designated on a recorded subdivision plat or property deed as land over which motor vehicular travel shall not be permitted.

(126)

"Nonconforming structure" means a lawfully established structure which:

(a)

Does not conform with the bulk regulations of the district in which it is located; or

(b)

Is designed or intended for a nonconforming use.

(127)

"Nonconforming use" means a structure and the use thereof, or the use of land, which does not conform with the regulations of this Zoning Code.

(128)

"Nursery school" means an establishment for the care of five (5) or more children, in addition to the members of the family residing therein.

(129)

"Nursing home" means an institution for the care of children or the aged, chronically ill, infirm or incurable persons, or a place of rest for those persons suffering bodily disorders, in which three (3) or more persons not members of the family residing on the premises are received and provided with food, shelter and care, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.

(130)

"Octave band" means a prescribed interval of sound frequencies which classifies sound according to pitch.

(131)

"Octave band filter" means an electronic frequency analyzer designed according to standards of the American National Standards Institute and used in conjunction with a sound level meter to take measurements of sound pressure level in specific octave bands. Octave band analyzers are the commercially available equipment.

(132)

"Odor threshold" means the lowest concentration of odorous matter in the air which will produce an olfactory response in a human being. Odor thresholds shall be determined in accordance with ASTM Method D 1391-57, "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."

(133)

"Odorous matter" means any material that produces an olfactory response among human beings.

(134)

"Official Map" means the Official Map of the Village.

(135)

"Off-street parking facility" means a lot which is improved and used as a structure which is designed and used exclusively for the storage of passenger motor vehicles.

(136)

"Open sales lot" means land used or occupied for the purpose of buying, selling or renting merchandise stored or displayed out-of-doors prior to sale. Such merchandise includes automobiles, trucks, motor scooters, motorcycles, boats or similar commodities.

(137)

"Owner" means the applicant or petitioner for an amendment, variance, appeal or special use including any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase or any exclusive possessory interest which is specifically enforceable on the land which is described in the application.

(138)

"Parking space" means an area, enclosed or unenclosed, reserved for the parking of one (1) motor vehicle and which is accessible to and from a street or alley.

(139)

"Particulate matter" means material other than water which is suspended in or discharged into the atmosphere in a finely-divided form as a liquid or solid at outdoor ambient conditions.

(140)

"Party wall" means a common wall which extends from its footing below grade to the underside of the roof and divides buildings. It may be a vertical cavity wall or one (1) with aboveground physically unifying horizontal structure elements.

(141)

"Performance standard" means a criterion established to control noise, vibration, smoke and particulate matter, toxic matter, odorous matter, fire and explosive hazards, glare and radiation hazards generated by or inherent in uses of land or structures.

(142)

"Permanent open space" means a compact and contiguous land or water area, or both, that is designated on the Official Map for recreational and other uses and where the lot coverage does not exceed five (5) percent of the area.

(143)

"Plan Commission" means the Plan Commission of the Village.

(144)

"Planned development" means a lot, initially under unified ownership or control, which is the site of a residential, commercial, industrial or mixed use development, planned and constructed as a unified development.

(145)

"Principal building" means a nonaccessory building in which the dominant use of the lot is conducted.

(146)

"Recreational vehicle" means a vehicle, or attachment to any vehicle, house car or other portable or mobile unit on wheels, skids, rollers or blocks, either self propelled or propelled by any other means, which is used or designed to be used for residential, living, sleeping, commercial, camping or for temporary dwelling purposes which may contain built-in sanitary, cooking and electrical facilities, but is not a dwelling unit.

(147)

"Research laboratory" means a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not including facilities for the manufacture of products for sale, except as incidental to the main purpose of the laboratory.

(148)

"Ringelmann Chart" means the Chart described in the U.S. Bureau of Mines Information Circular 7718, on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke density.

(149)

"Ringelmann number" means the number of the area on the Ringelmann Chart that coincides most nearly with the visual density of emission or the light-obscuring capacity of smoke.

(150)

"Roadway" means that portion of a street which is used or intended to be used for the movement of motor vehicles.

(151)

"Rooming house", see "lodging house."

(152)

"Screening" means structures or evergreen vegetation, maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation.

(153)

"Setback" means the minimum horizontal distance between a street line and the nearest wall of a building or side adjoining such street line.

(154)

"Setback, established" means that when forty (40) percent or more of the lots fronting on one (1) side of a street within a block are improved, the existing setbacks of such improved lots shall be the established setback for determining the depth of the required front yards for the remainder of the lots along such street frontage, as regulated in this Zoning Code.

(155)

"Sign" means a name, identification, description, illustration, display or device which is affixed to, painted or represented upon a structure or parcel of land and which directs attention to a product, place, activity, person, institution or business. For purposes of definition, a sign may have one (1) or more faces. However, a sign shall not include a display of any court, public or official notice, nor shall it include the flag, emblem, insignia of a nation, political unit, school, religious or charitable institution or organization. A sign shall also include a permanent display located within a building in such a manner as to be viewed or intended for view from the exterior of the building.

(156)

"Sign, advertising" means a structure on which is portrayed information which directs attention to a business, commodity, service or entertainment or other activity not related to the use on the lot upon which the sign is located, and also includes billboards.

(157)

"Sign, business" means a sign which directs attention to a business, commodity, service, entertainment or other activity conducted upon the lot upon which such sign is located.

(158)

"Sign, flashing" means an illuminated sign on which the artificial light is not maintained constant or stationary in intensity or color at all times when such sign is in use, excepting, however, those signs which display time and temperature information only. For the purpose of this Zoning Code, a revolving sign, or any advertising device which attracts attention by moving parts, operated by mechanical equipment or movement caused by natural sources, whether or not illuminated with artificial lighting, shall be considered a flashing sign.

(159)

"Sign, gross surface area of" means the entire area within a single continuous perimeter enclosing the extreme limits of a sign.

(160)

"Sign, ground" means a sign structure constructed of solid masonry construction or its equivalent, or better, upon which a wall sign is located.

(161)

"Sign identification" means a sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation conducted on the premises, and also includes nameplates.

(161.5)

"Sign, pole" means a free-standing sign which is supported by one (1) or more uprights or braces.

(162)

"Sign, projecting" means a sign which is affixed to a structure and extends beyond the wall or parts thereof more than twelve inches.

(163)

"Sign, roof" means a sign erected, constructed and maintained above the roof of a building.

(164)

"Sign, wall" means a sign which is affixed to an exterior wall of a structure, when such sign does not project more than twelve inches from the wall or parts thereof.

(165)

"Smoke" means the visible discharge excluding water vapor from a chimney, stack, vent, exhaust or combustion process which is made up of particulate matter.

(166)

"Sound pressure level" means the intensity of sound of an operation or use as measured in decibels.

(167)

"Sound level meter" means an instrument standardized by the American National Standards Institute for the measurement of the intensity of sound.

(168)

"Special use", see "use, special."

(169)

"Storage, bulk", see "bulk storage."

(170)

"Story" means that portion of a building, other than a cellar, included between the upper surface of any floor and the upper surface of the floor next above it, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. The floor of a story may have split levels provided that there is not more than four (4) feet difference in elevation between the different levels of the floor. A basement shall not be counted as a story. A mezzanine floor shall be counted as a story when it covers over one-third the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is twenty-four (24) feet or more.

(171)

"Story, half" means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three (3) feet above the floor of such story.

(172)

"Street," means a right-of-way which affords primary means of access by pedestrians and vehicles to abutting properties, whether designated as a street, avenue, highway, road, boulevard, easement or however otherwise designated.

(173)

"Street frontage" means all of the property fronting on one (1) side of a street between two (2) intersecting streets, or in the case of a dead-end street, all of the property along one (1) side of the street between an intersecting street and the end of such dead-end street.

(174)

"Street line" means a street right-of-way line.

(175)

"Structure" means an improvement upon land, other than the land itself, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but not limited to, buildings, signs and pavements.

(176)

"Structure, accessory", see "accessory structure."

(177)

"Structural alteration" means a change in the supporting members of a structure, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls which does not increase any exterior dimension, excepting such repair or replacement as may be required for the safety of the building.

(178)

"Tavern" means an establishment where liquors are sold to be consumed on the premises but not including restaurants where the principal business is the serving of food.

(179)

"Temporary building" means a building not designed to be permanently located at the place where it is, or where it is intended to be, temporarily erected, placed or affixed. Tents shall be considered as temporary buildings.

(180)

"Thoroughfare" means a street with a high degree of continuity and serving as an arterial trafficway between the various districts of the Village and its environs.

(181)

"Three-component measuring system" means instruments which measure simultaneously earthborne vibrations in horizontal and vertical planes.

(182)

"Threshold limit values" means maximum airborne concentrations of toxic materials permitted an industrial worker as promulgated by the American Conference of Governmental Industrial Hygienists.

(183)

"Townhouse", see subsections (50) and (53) hereof.

(184)

"Toxic matter or material" means those matters or materials which are capable of causing injury to living organisms by chemical means.

(185)

[Repealed.]

Editor's note— This subsection was repealed by Ordinance 605, passed March 6, 1984. See subsection (120) hereof.

(186)

"Usable floor area", see "floor area, usable."

(187)

"Usable open space" means ground area of a lot or land within a development that qualifies as usable open space, i.e. it is an area unobstructed from the ground to the sky and which:

(a)

Is not devoted to public or private roadway or driveway pavements, and open off-street parking spaces or loading berths;

(b)

Is accessible and available to occupants or to the public of dwelling units on the premises, except in a planned development such space may be available to the public as well as the occupants of the dwelling units;

(c)

Is not covered by buildings, except not more than five (5) percent of the required usable open space may be devoted to recreational facilities enclosed within a building;

(d)

Has not less than ten (10) feet at its narrowest dimension between either a lot line and an area not qualifying as usable open space or between two (2) areas not qualifying as usable open space; and

(e)

Is developed, landscaped and maintained suitably for pedestrian, recreational and leisure use.

(188)

"Use" means the purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained, and includes any manner of performance of such activity with respect to the performance standards of this Zoning Code.

(189)

"Use, accessory", see "accessory use."

(190)

"Use, lawful" means the use of any structure or land that conforms with the regulations of this Zoning Code or any amendment hereto and which conforms with all the codes, ordinances and other legal requirements, existing at the effective date of this section (Ordinance 115, passed October 23, 1970) or any amendment thereto, for the structure or land that is being examined.

(191)

"Use, nonconforming", see "nonconforming use."

(192)

"Use, permitted" means a use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and, when applicable, performance standards of this Zoning Code for the district in which such use is located.

(193)

"Use, principal" means the dominant use of land or structures as distinguished from a subordinate or accessory use.

(194)

"Use, special" means a unique use that has unusual operational, physical or other characteristics that may be different from those of the dominant permitted uses in a district, but which is a use that complements and is otherwise, or can be made, compatible with the intended overall development within a district. It is a classification of use which, if specified within district regulations, may be permitted in accordance with procedures and standards set forth in this Zoning Code.

(195)

"Vending machine" means a device for the dispensing of merchandise or services designed to be operated by the customer.

(196)

"Vibration" means the periodic displacement, measured in inches, of earth at designated frequency cycles per second.

(197)

"Village" means the Village of University Park, Illinois.

(198)

"Village Board", see "Board of Trustees."

(199)

"Village Clerk" means the Village Clerk of the Village.

(200)

"Village Engineer" means the Village Engineer of the Village.

(201)

"Village President" means the Village President of the Village.

(202)

"Wall", see "fence."

(203)

"Wall, party", see "party wall."

(204)

"Yard" means a required open, unoccupied space on a lot, other than a court, unobstructed from the ground to the sky, except as otherwise provided in Section 1232-05(c), and on which a building is situated.

(205)

"Yard, front" means a yard which is bounded by the side lot lines, the front lot line and the front yard line.

(206)

"Yard line" means a line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth of the applicable yard. A structure or other obstruction shall not encroach into the area between the yard line and such adjacent lot line, except for such permitted encroachments in yards as are allowed in Section 1232-05(c).

(207)

"Yard, rear" means a yard which is bounded by side lot lines, rear lot line and the rear yard line.

(208)

"Yard, side" means a yard which is bounded by the rear yard line, front yard line, side yard line and side lot line.

(209)

"Yard, side adjoining a street" means a yard which is bounded by a rear yard line, a front yard line, a side lot line adjoining a street line and a side lot line.

(210)

"Yard, interior side" means a side yard which adjoins another lot or alley separating such side yard from another lot.

(211)

"Zoning Board of Appeals" means the Zoning Board of Appeals of the Village.

(212)

"Zoning Commission" means the Zoning Commission of the Village.

(213)

"Zoning districts" means the districts into which the Village has been divided, as set forth on the Zoning District Map, for zoning regulations and requirements.

(214)

"Zoning District Map" means the Zoning District Map of the Village.

(Ord. 115. Passed 10-23-70; Ord. 157. Passed 4-7-72; Ord. 508. Passed 10-27-81; Ord. 516. Passed 1-12-82; Ord. 571. Passed 1-11-83; Ord. 605. Passed 3-6-84; Ord. 989. Passed 6-14-94.)

APPENDIX TABLE I

MINIMUM STANDARDS OF PARKING SPACES, AISLES AND PARKING BAYS

APPENDIX TABLE II

ACCESS DRIVEWAY STANDARDS FROM STREETS TO
OFF-STREET PARKING AND LOADING BERTHS

1.

WIDTH OF DRIVEWAYS (measured at the front lot line)

a.

Residential Uses

(1)

Not less than nine (9) feet wide.

(2)

Not more than twenty-two (22) feet wide.

b.

Nonresidential Uses

(1)

Not less than fourteen (14) feet wide for a one-way driveway or more than twenty (20) feet wide for a one-way driveway.

(2)

Not less than twenty (20) feet wide for a two-way driveway when twenty (20) or less parking spaces are being served.

(3)

Not less than twenty-four (24) feet wide for a two-way driveway when more than twenty (20) parking spaces or two (2) or more loading spaces are being served.

(4)

Not more than thirty-five (35) feet wide.

2.

RADIUS CONNECTING STREET PAVEMENT EDGE AND DRIVEWAY EDGES

a.

Residential uses not less than five (5) feet.

b.

Nonresidential uses

(1)

Not less than fifteen (15) feet at the intersection of a driveway and a thoroughfare.

(2)

Not less than eight (8) feet at the intersection of a driveway and a street not classified as a thoroughfare.

3.

ANGLE AT INTERSECTION OF A DRIVEWAY AND STREET

An acute angle formed at the intersection of driveway and street pavement edges shall be not less than sixty (60) degrees.

4.

SPACING BETWEEN SEPARATE DRIVEWAY ENTRANCES ON A LOT (measured at the front lot line or side lot line adjoining a street)

a.

Not less than twenty (20) feet on a thoroughfare.

b.

Not less than ten (10) feet on a street not classified as a thoroughfare.

5.

ON CORNER LOTS - SPACING BETWEEN DRIVEWAY ENTRANCE AND RIGHT-OF-WAY LINE OF AN ADJACENT INTERSECTING STREET

(measured from the nearest edge of the driveway pavement at its intersection with the street right-of-way line to the nearest right-of-way line of an adjacent intersecting street)

a.

Not less than fifteen (15) feet to an adjacent intersecting thoroughfare.

b.

Not less than eight (8) feet to an adjacent intersecting street not classified as a thoroughfare.