This title shall be known as the zoning ordinance. It shall not nullify more restrictive requirements of covenants or agreements, but where any of the requirements of the zoning ordinance are more restrictive, they shall prevail.

(Ord. 64-682 § 7, 1964)

It is unlawful to establish or expand any residential apartment, office, store, shop, trade, manufacturing, industrial or other use of land, buildings or structures within the corporate limits of the village except in compliance with the provisions hereof and except in those districts or areas designated for the several classes of uses, all as shown on the accompanying official zoning map, dated June 23, 1964, which map is hereby made a part of this title.

(Ord. 64-682 § 1, 1964)

The zoning districts created under this title, together with the uses allowed therein and the conditions governing the establishment and expansion of such uses, are set forth in Chapters 18.12 through 18.40. No use shall hereafter be established nor shall any existing use be expanded on a tract or parcel of land or in a building unless such use is allowed under the regulations set forth hereinafter for the zoning district in which such tract of land or building is located.

(Ord. 64-682 § 3, 1964)

No work shall be started on buildings, structures or land to be used for any proposed use or additional use, nor shall any use be established without first obtaining written permission from the building commissioner, whose duty it shall be to administer and enforce this title. Fees shall be as established by action of the village board.

(Ord. 64-682 § 5, 1964)

Territory annexed to the village of Westchester shall, on the date of annexation, be automatically classified to the highest restrictive use under this title of the Westchester Municipal Code.

(Ord. 73-838 § 1, 1973)

The placing of a mobile home or a habitable trailer on any lot or parcel of land within the boundaries of the village is prohibited. No mobile home park or trailer park shall be permitted on any lot or parcel of land within the boundaries of the village.

(Ord. 80-973 § 1, 1980)

A.

Non-conforming Structures—In General.

1.

The purpose of this section is to provide for the regulations of non-conforming uses, buildings and structures, and to specify those circumstances and conditions under which those non-conforming buildings, structures and uses shall gradually be eliminated upon reaching the end of their respective normal useful life.

2.

Nothing in this section is intended to prevent the strengthening or restoration of a legal nonconforming building or structure to a safe condition for purposes of the public health and safety.

3.

The burden of establishing the existence of a legal non-conforming use, building, or structure is upon the property owner and not upon the village.

B.

Non-conforming Structures (As to Bulk)—In General.

1.

Damage or Destruction to Non-conforming Structures. Except as provided in herein, no structure which has been damaged or destroyed by any means not within the control of the owner, to the extent of more than seventy-five percent of the cost of replacement of such building or structure, shall be restored except in conformity with the regulations of this title. The market value shall be based upon the cost to replace the structure and shall not include the value of the underlying land. In no event shall any damage or destruction to such a legal non-conforming building or structure by means within the control of the owner be repaired or restored except in accordance with the current rules and regulations of this title.

2.

Maintenance or Modifications. Any lawful non-conforming structure which is non-conforming because it fails to comply with bulk provisions of this title may be maintained, reconstructed, structurally altered, enlarged or extended provided that the amount, quantity or degree of such nonconformity is not increased, and provided that any new construction conforms to the requirements of the zoning district in which it is located.

3.

Moving. A legal non-conforming building or structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire building or structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

C.

Non-conforming Uses—Expansion, Change or Discontinuance.

1.

Any lawfully non-conforming use of part or all of a building or structure, or any lawfully existing non-conforming use of land involving a building or structure accessory to such use of land, may be continued, so long as it remains otherwise lawful, subject to the provisions of Section 18.04.070 C (2)—(6) The existence of a non-conforming use on part of a lot or tract shall not be construed to establish a non-conforming use on the entire lot or tract.

2.

A non-conforming use shall not be expanded or extended into any other portion of the structure which was not occupied by the non-conforming use at the time of the adoption of this title, or any amendment hereto. The non-conforming use of land which does not involve a structure or which is accessory to the non-conforming use of a structure shall not be expanded or extended beyond the area it occupies at the time of the adoption of this title or any amendment hereto.

3.

Except when required to do so to meet building codes of the Village of Westchester or any other applicable laws and regulations no existing structure, or portion thereof, which includes a non-conforming use shall be enlarged, extended, reconstructed, or structurally altered, unless such use is changed to one permitted in the district in which such building or premises is located.

4.

If a lawful non-conforming use is discontinued for a continuous period of eighteen months, it shall not be renewed, and any subsequent use of the structure or parcel of land shall conform to the use regulations of the zoning district in which such structure or parcel of land is located.

5.

The use or holding for use by a public utility under the jurisdiction of the Illinois Commerce Commission of any premises prior to July 1, 1967, for electric transmission lines supported by towers or for an electrical substation shall be considered a lawful special use for such purposes, without any restrictions against enlargement, extension, reconstruction or structural alteration of said facilities that may be located on said premises on or after July 1, 1967.

(Ord. No. 2015-2118, § 2, 4-27-2015)

For the purpose of this title certain terms are hereby defined. Words used in the present tense shall include the future. The singular number shall include the plural. The word "shall" is mandatory and not permissive. The words "used" or "occupied" include the words "intended", "designed" or "arranged" to be used or occupied. The word "lot" includes the words "plot" or "parcel". The word "person" includes a "firm," "association," "organization," "partnership," "trust," "company," or "corporation" as well as an "individual." All measured distances shall be expressed in feet and fractions thereof. Any word not herein defined shall have the meaning set forth in the in the latest editions of Webster's New International Dictionary or Black's Law Dictionary.

"Abutting" means to have a common property line or district line.

"Accessory building, structure, or use" means a building, structure or use which:

1.

Is subordinate, incidental to and serves a principal building, structure or use;

2.

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

3.

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

4.

Is located on the same lot as the principal building, structure, or use served, except to the extent that accessory off-street parking facilities may be permitted subject to the regulations of this Title to locate elsewhere than on the same lot with the principal building, structure or use served.

"Adjacent" means lying near another property, having a common endpoint or border.

"Adult-use Cannabis business establishment" means a cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

"Adult-use Cannabis craft grower: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure 2 and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

"Adult-use Cannabis cultivation center" means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

"Adult-use Cannabis dispensing organization" means a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. A facility that only acquires and dispenses medical cannabis to registered medical cannabis patients shall be considered a Medical Cannabis Dispensing Organization, as defined herein.

"Adult-use Cannabis infuser organization or infuser" means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

"Adult-use Cannabis processing organization or processor" means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

"Adult-use Cannabis transporting organization or transporter" means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

"Amusement park" means facilities offering four or more distinctly different outdoor recreational activities for use by the public.

"Alley" means a public or private right-of-way, other than a street, that normally affords secondary means of access to abutting properties.

"Apartment" see dwelling unit.

"Automobile laundry" means a building or any portion thereof, which either:

1.

Contains facilities for washing of one or more automobiles primarily by means of steam cleaning, or high pressure water devices, or other mechanical devices.

2.

Provides space, water, equipment or soap for the complete or partial hand washing of more than two automobiles at any one time, whether by operator or customer.

"Automobile parts store" means an establishment selling automotive parts at wholesale or retail, but excluding the repair of automobiles on the premises.

"Automobile repair, major" means the replacement and rebuilding of engines, transmissions, differentials, frames and bodies of motor vehicles.

"Automobile repair, minor" means incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under "automobile repair, major."

"Automobile sales and service" means a retail establishment that sells, leases, or rents new or used automobiles, trucks, vans, recreational vehicles, trailers, boats, motorcycles, or other similar motorized transportation vehicles. An automobile dealership may maintain an inventory of the vehicles for sale or lease on site. Accessory uses may also exist upon the same site such as maintenance, repair, service areas, indoor parts storage areas, and financial services areas.

"Automobile service station" means any building or portion thereof, or any premises, used for dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries or minor automobile accessories. Services offered by an automobile service station may include the installation of tires, batteries, and minor accessories; minor automobile repairs; and greasing or hand washing of not more than two automobiles at any one time, but not by means of steam cleaning, high pressure water devices, or other mechanical devices.

"Automobile wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, or wrecked vehicles or their parts.

"Awning" means a roof-like projection, rigid or retractable in operation, which projects from the wall of a building.

"Basement" means the story of a building having more than one-half of its floor to ceiling height below grade. A basement shall not be considered a story for the purpose of height regulation.

"Berm, earth" means a landscaped mound of earth.

"Block" means a tract of land bounded by streets, or by a combination of streets, railroad rights-of-way, public parks, permanent open space, and/or other lines of demarcation.

"Buildable area" means that portion of a lot which meets at least the minimum yard requirements and setback lines of the district within which it is located.

"Building" means a structure that is permanently affixed to the land, has one or more floors and a roof, separated on all sides from adjacent open space by walls, and is designed or intended for use as a living quarters, shelter, business or storage.

"Building height" means the vertical distance measured from the average elevation of the finished grade along the front of the building to the mean point between the eave and the peak of the building. Equipment, penthouses, air conditioning or heating systems, whether solar or otherwise, shall be included in computing the height of the building.

"Building line" means the line nearest the front lot line, running approximately parallel to the front lot line across the width of a lot at the point of the required front yard depth.

"Building, principal" means a non-accessory building in which the primary use of the lot on which it is located is conducted.

"Building, temporary" means a building not designed or intended to be permanently located on the parcel of property where it is constructed or erected.

"Bulk" means the term used to indicate the size, location and number of structures, including:

1.

Size and height of structures;

2.

Location of exterior walls;

3.

Floor area ratio;

4.

Open space allocated to structures;

5.

Yard requirements;

6.

Lot area; and

7.

Lot width.

"Cannabis" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means concentrate and cannabis-infused products.

"Cannabis concentrate" means a product derived from cannabis that is produced by extracting cannabinoids from the plant through the use of propylene glycol, glycerin, butter, olive oil or other typical cooking fats; water, ice, or dry ice; or butane, propane, CO2, ethanol, or isopropanol. The use of any other solvent is expressly prohibited unless and until it is approved by the Department of Agriculture.

"Cannabis-infused product" means a beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis that is not intended to be smoked.

"Canopy" means a permanent structure that is an overhanging shelter consisting of a roof and vertical ground mounted supports.

"Carport" means a roofed automobile shelter with two or more open sides.

"Catering establishment" means a business whose primary purpose is to prepare food for consumption at another location.

"Clinic, medical or dental" means a building, structure or portion thereof in which patients who are not lodged overnight are admitted for examination and treatment by one or more medical or dental practitioners.

"College (university)" means an institution of higher education accredited by a regional organization or authorized by the state to issue baccalaureate, graduate, and/or professional-level degrees.

"Conforming structure" means any structure which:

1.

Complies with all the regulations of this title governing the district in which said structure is located, or

2.

Is designed or intended for a permitted use or special use, as allowed in this title in the district in which it is located.

"Cul-de-sac" means a minor street which has one open end permanently terminated at the other by a vehicular turnaround.

"Day care center" means any child care facility which regularly provides day care for less than twenty four hours per day for more than eight children in a family home, or more than three Children in a facility other than a family home, as defined and regulated in the Child Care Act of 1969 (ILCS Ch. 225, Act 10, §§ 1 et seq.).

"Day care home" means a family home which receives more than three and up to a maximum of twelve children for less than twenty-four hours per day, including the family's natural or adopted children and all other persons under the age of twelve in the home, as defined and regulated in the Child Care Act of 1969 (ILCS Ch. 225, Act 10, §§ 1 et seq.).

"Deck" means a wood or wood-like structure attached to or closely adjacent to any dwelling unit that has no permanent or temporary cover or canopy, which is designed and intended for the support of persons, and is constructed on piers without continuous foundation or footings, and has no part extending above the floor level of the first story of such dwelling, excluding the basement.

"Drive-through (drive-through establishment)" means a structure or part thereof in which facilities are provided primarily for serving patrons parked or driving in automobiles on or through the premises.

"Driveway" means a private road which provides access to a lot, or to a use located on such lot, from a public way.

"Dwelling" means any building or portion thereof which is designed and used exclusively for residential purposes, not including a hotel, nursing home, or mobile home.

"Dwelling, detached" means a dwelling unit which does not share a common wall with any other dwelling and is surrounded on all sides by open space located on the same lot.

"Dwelling, multiple-family" means a building containing three or more dwelling units, with more than one of such dwelling units connecting to a common corridor or entranceway.

"Dwelling unit" means one or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family, with cooking, living, sanitary and sleeping facilities.

"Easement" means land which has been designated by lawful agreement between the owners of land and another person or persons for a specified use only by such person or persons without passing the fee title to the person or persons using such land.

"Escape room." An escape room, also known as a puzzle room, is a type of special amusement area in which occupants are encouraged to solve a challenge to escape from a room or series of rooms.

"Family" means one or more persons related by blood, marriage, or adoption, occupying a dwelling unit as an individual housekeeping organization. A family as herein defined may also include not more than three persons who are not related by blood, marriage, or adoption occupying a dwelling unit as an individual housekeeping organization but not including sororities, fraternities or other similar organizations.

"Fence" means a structure used to provide a barrier, or a means of confinement as regulated herein.

"Fitness facility" means an establishment that offers recreational instructions in performing arts, martial arts, wellness, fitness and other similar uses.

"Floor area" means the square feet of floor space within the outside line of walls including the total of all space on all floors of a building. It does not include porches, garages or space in a basement or cellar when said basement or cellar space is used for storage or incidental uses. Any space devoted to off-street parking or loading shall not be included in the floor area.

"Floor area ratio (FAR)" means computed by the floor area of a building or buildings on a zoning lot divided by the area of such zoning lot, or in the case of a planned unit development, the floor area divided by the net site area. The floor area ratio calculation shall not include any space devoted to parking garages in commercial zoning districts.

"Foot candle" means a unit of illuminance on a surface that is everywhere one foot from a uniform point source of light of one candle power and is equal to one lumen per square foot.

"Frontage" means all of the property fronting on one side of a street between two intersecting streets, or in the case of a dead end street, all of the property along one side of the street between an intersecting street and the end of such dead end street.

"Garage, private" means an accessory building or an accessory portion of the principal building, including a carport which is intended for and used for storing private passenger vehicles of the family or families resident upon the premises.

"Garage, public." See "parking structure."

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

"Gym." See "fitness facility."

"Hospital" means an institution which maintains and operates facilities for the medical diagnosis, treatment, care, or surgical care of persons suffering from illness, disease, injury, deformity, or other abnormal condition and which permits overnight lodging for patients.

"Hotel" means a building, structure or portion thereof which is used as a temporary abiding place, for compensation, with or without meals, containing five or more guestrooms or suites where no provision for cooking is made in any individual guestroom or suite, and which provides maid, butler and linen service and which maintains a hotel register.

"Junkyard" means a lot, with or without accessory structures, used to abandon, store, keep, collect, buy, sell, exchange, bale, pack, disassemble, or handle scrap or discarded materials from inoperable vehicles, machinery, and equipment, or parts thereof, and other metals, paper, rags, rubber tires and bottles.

"Landscaped area" means an area that is permanently devoted and maintained for the growing of shrubbery, grass and other plant material; retention or detention ponds; fences; timbers; and bricks and stones that is not used for pedestrian or vehicular access.

"Landscape wall" means a structure designed for landscape purposes, including minor grade changes, that does not affect a building or buildings above or below the wall or maintain an engineered retention pond or detention area.

"Liquor store, packaged" means a business establishment where alcoholic liquors are kept and sold, but where such alcoholic liquors may not be lawfully consumed on the premises.

"Loading berth" means a space within the principal building or on the same lot as the principal building that provides for the standing, loading or unloading of trucks.

"Lodging room" means a room or suite of rooms rented as sleeping and living quarters, without cooking facilities. In a suite of rooms, each room that provides sleeping accommodations shall be counted as one lodging room for the purposes of this title.

"Lot" means a parcel of land or contiguous parcels of land which are part of a real estate subdivision, the plat of which has been recorded in the Office of the Recorder of Deeds of Cook County, Illinois, pursuant to state law, or for which an assessment plat describing the parcel by a metes and bounds description has been recorded in the Office of the Recorder of Deeds of Cook County, Illinois, pursuant to state law, which is occupied or intended for occupancy by a use permitted in this title, and which has its principal frontage upon a road or street.

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

"Lot line (abutting a street)" means the front lot line, or the side lot line of a corner lot which abuts a street, or the rear lot line of a through lot.

"Lot line, front" means the boundary of a lot abutting a street. Corner lots and through lots may have more than one front lot line. In the case of a corner lot, the narrowest of the front yards shall be the required front yard. In the case of a through lot, the yard through which access is taken shall be the required front yard.

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

"Lot line, rear" means an interior lot line which is most distant from and is parallel or almost parallel to the front lot line, and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, which is parallel to and at a maximum distance from the front lot line. In the case of a corner lot, a line parallel to and opposite of the narrower lot line fronting on a street.

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

"Lot of record" means a single lot which is part of a subdivision, the plat of which has been recorded in the Office of the Recorder of Deeds of Cook County, Illinois.

"Lot width" means the width of a lot as measured at the building line. The appropriate width is established for each zoning district in which the lot is located.

"Lot area" means the square footage of land within the perimeter of the lot lines.

"Lot, corner" means a lot situated at the junction of and abutting on two or more intersecting right-of-ways, or streets, or a lot at the point of deflection in alignment of a single street, the interior angle of which does not exceed 135 degrees.

"Lot, depth" means the mean horizontal distance between the front and rear lot lines. For purposes of determining lot depth on a corner lot, the depth shall be measured between the narrower of the street frontages and the most distant opposite lot line.

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

"Lot, through" means a lot having frontage on two non-intersecting streets, as distinguished from a corner lot.

"Medical Cannabis dispensing organization" means a facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualifying patient cardholder status, or an Opioid Alternative Pilot Program participant.

"Medical Cannabis cultivation center" means a facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

"Mobile home" means a moveable or portable unit, designed and constructed to be towed on its own chassis, comprised of frame and wheels, and designed to be connected to utilities for year-round occupancy and to provide for complete independent living facilities, including provisions for cooking, sleeping and sanitation. Such a unit shall not be deemed to be a dwelling for purposes of this title.

"Motel" means 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 travelers.

"Non-conforming buildings or structures, legal" means a building or structure or portion thereof which was lawful when established but which is not in conformance with the provisions of this title. Such a building or structure may have been rendered non-conforming as a result of annexation or by the adoption of an amendment or amendments to this title. A legal non-conforming building or structure shall remain until such time as it is made conforming or is terminated as provided for in this title.

"Non-conforming use, legal" means the use of land or a building or a portion thereof, which was lawful when established but which no longer conforms with the use regulations of the district in which it is located. Such a use may have been rendered non-conforming as a result of annexation or by the adoption of an amendment or amendments to this title. A legal non-conforming use shall remain until such time as it is made conforming or is terminated as provided for in this title.

"Nursing home" means a facility for the care and occupancy by aged, chronically ill, infirmed, or incurable persons, or a place of rest for persons suffering bodily disorders, in which three or more persons not members of a family residing on the premises are received and provided with food, shelter, and care, but not including hospitals or clinics.

"Obstructions" means any building or structure or parts thereof, which is located so as to come in the way of any open area required by this title. Trees or shrubs planted in accordance with this title shall not be considered an obstruction

"Office" means a building or portion of a building wherein predominantly administrative, business, or professional services are offered or performed or business is conducted.

"Open space" means parks, playgrounds, parkway medians, landscaped green space, or similar open areas that are used for agriculture or outdoor recreational uses, but not including public right-of-way, private driveways or roadways, or parking facilities.

"Parcel" means a lot, or contiguous group of lots in single ownership or under single control which are usually considered a unit for purposes of development.

"Park" means an area that is open to the general public and is reserved for recreational, educational, or scenic purposes.

"Parking space" means a designated area, enclosed or unenclosed, that is used to store one automobile, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of such an automobile.

"Parking structure (deck), (garage)" means an accessory structure used for the parking or storage of motor vehicles in conjunction with multiple-family, office, or commercial uses.

"Parking structure, deck, garage, public" means a structure, other than an accessory structure used for the parking or storage of motor vehicles for compensation.

"Patio." See "terrace."

"Personal services" means establishments primarily engaged in providing services involving the care of a person or his or her apparel. These services can include but are not limited to: laundry, cleaning and garment services, garment pressing, linen supply, coin-operated laundries, dry-cleaning, carpet and upholstery cleaning, beauty shops, barber shops, shoe repair, funeral services, and health clubs.

"Plan and zoning commission" means the plan and zoning commission of the Village of Westchester.

"Porch" means a one-story roofed structure attached to the house with no floor space above the porch. Such structure shall be open to the elements or screened on at least one side.

"Public utility" means any person, firm or corporation duly authorized to furnish electricity, gas, steam, telephone, telegraph, water, or sewage systems to the public under public regulation.

"Retaining wall" means a structure built to fortify an elevation or an embankment that accommodates a change in grade that may structurally affect a building or buildings above or below the structure, or permanently maintain an engineered retention pond or detention area.

"Restaurant" means any public place kept, used, maintained, advertised or offered to the public as a place where the primary business is the service of meals, and where meals are actually and regularly served. Such space shall have an adequate and sanitary kitchen, dining room, and equipment. The restaurant will employ a sufficient number and kind of employees to prepare, cook, and serve suitable food for the appropriate capacity of patrons. No premises which charges any kind of entrance fee or requires a minimum amount to be spent solely for the purchase of alcoholic liquor or other beverages, and no premises that provides sleeping accommodations, shall be deemed to be a restaurant hereunder.

"Sanitarium" means an institution which maintains and operates facilities for the diagnosis, treatment, medical care, or surgical care of persons suffering from illness, disease, injury, deformity, or other abnormal condition, and which permits overnight lodging for patients.

"School, primary or secondary" means an elementary school, middle school, junior high school, or senior high school, either public or private, which offers systematic academic instruction in any branch or branches of knowledge. Primary and secondary schools do not include training studios, trade or vocational schools or student learning centers.

"School, trade or vocational" means a school which offers career based instruction in skilled subjects such as: computer repair, network development, graphic design, multimedia, arts, shorthand, carpentry, drafting, and automobile mechanics as part of a certificate or degree program.

"Setback" means the required minimum distance a building or structure, or other improvement on a lot, must be located from a lot line. A setback extends along a lot line for a depth specified by the zoning district in which such lot is located.

"Shopping center" means an integrated group of predominantly retail oriented establishments located on a parcel of land which is not less than two acres. The center shall be planned, developed, owned, or managed as a unit, and is within a building or buildings with common parking facilities.

"Special use." See "use, special below."

"Stoop" means a porch, platform, entrance stairway, or small veranda at a house door.

"Story" means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it, including a story which has more than three-quarters of its height above grade.

"Story, half" means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than sixty percent of the floor area is finished off for use, and a story in which more than one-half but not more than three-quarters of its height is above grade.

"Street, private" means a permanent undedicated street (privately owned and maintained) and intended as primary means of vehicular access to two or more residences.

"Street, public" means a permanent public right-of-way which affords a primary means of vehicular access to abutting property.

"Structure" means anything constructed or erected for which the use requires a more or less permanent or temporary location on or in the ground; or an attachment to something having a permanent or temporary location on or in the ground; including but not limited to: buildings, signs, decks, fences, patios, swimming pools, pavements, driveways and walkways. Readily removable decorative landscape borders or features, including but not limited to: bricks, stones, timbers, flower boxes, and other similar features shall not be considered structures. Fences shall not be considered structures for purposes of calculating the maximum permitted coverage of a lot.

"Swimming pool, private" means any pool, used or capable of being used for swimming or bathing (including drained pools), twenty-four inches or more in depth, which is used, or intended to be used, in connection with residences and available only to the families occupying such residences and their guests.

"Swimming pool, public" means any pool, used or capable of being used for swimming or bathing (including drained pools), twenty-four inches or more in depth, which is used, or intended to be used, by the general public.

"Tavern (bar)" means an establishment where the sale and consumption of alcoholic beverages on the premises by patrons is its principal purpose. Food may be served and consumed at such an establishment, but is considered accessory to the principal use.

"Terrace" means a level, landscaped and/or masonry area consisting of concrete, paver bricks, or inlaid stone, directly adjacent to a principal building, not covered with a roof, and located at or within three feet of the finished grade.

"Trailer" means a vehicle without motive power designed for the carrying, hauling, or transporting of persons or property, which is constructed and designed to be towed by a motor vehicle.

"Truck" means every motor vehicle designed, used or maintained primarily for the transportation of property.

"Use [land]." See below.

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

"Use, special" means a use that has unusual operational, physical, or other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that compliments permitted uses and is otherwise, or can be made, compatible with the intended overall development within a district. Compliance with special standards not necessarily applicable to other permitted uses or special uses in the district may be required for a special use, as established in this title, or by the village board or the plan and zoning commission.

"Variation" means a waiver of the terms of the zoning regulations where, due to conditions peculiar to the property, a literal enforcement of the regulations would result in unnecessary and undue hardship.

"Vehicle, commercial" means any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise. This does not include a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle not being used commercially.

"Vehicle, motor" means every vehicle which is self-propelled, except vehicles moved solely by human power and motorized wheelchairs.

"Warehouse" means a building or structure or part thereof, used principally for the storage of goods and merchandise

"Yard" means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise permitted by this Code.

"Yard, front" means the yard between a principal building and the front lot line. In the case of a corner lot or any other lot that fronts on more than one street, yards extending along all streets are front yards; In any case, where a building line requirement has been established which is different from the front yard requirements, the stricter of the two requirements shall control.

"Yard, required front" means the yard extending across the front of the lot, which is bounded by the building line, side lot lines and the front lot line. In any case, where a building line requirement has been established, which is different from the front yard requirements, the stricter of the two requirements shall control.

"Yard, rear" means a yard extending across the rear of a lot, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

"Yard, required rear" means a yard which extends across the rear of the lot and is bounded by side lot lines, rear lot line, and the rear yard line. In the case of a corner lot, the yard bounded by the lot line and yard line parallel to and opposite of the most narrow lot line fronting on a street.

"Yard, side" means a yard between the main building and the side lot line, extending from the front yard line to the rear yard line.

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

"Yard, corner side" means a yard extending along a side lot line adjoining a street between the front and rear yards to a width specified in the yard requirements for the zoning district.

"Zoning administrator" means an appointed individual who is authorized and responsible to administer and enforce the provisions of this title. The zoning administrator shall make such determinations, interpretations, and orders as are necessary, and may require such plats, plans, and other descriptive material in connection with applications for permits as are to judge compliance with this title.

"Zoning board of appeals" means the Zoning Board of Appeals for the Village of Westchester.

"Zoning district" means an area which is a divided portion of the village, as designated on the village's zoning map, where certain uniform regulations and requirements apply to uses and development in accordance with the provisions of this title.

"Zoning map" means the official Zoning District Map of the Village of Westchester.

(Ord. No. 2020-2352, § 2, 6-23-2020; Ord. No. 2019-2320, § 2, 12-17-2019; Ord. No. 2017-2260, § 13, 12-12-2017; Ord. No. 2015-2118, § 3, 4-27-2015)